Education Act 1944 (repealed 1.11.1996)

27 Special provisions as to religious education in controlled schools. E+W

(1) Where the parents of any pupils in attendance at a controlled school request that they may receive religious [F1 education] in accordance with the provisions of the trust deed relating to the school, or where provision for that purpose is not made by such a deed in accordance with the practice observed in the school before it became a controlled school, the foundation . . . F2 foundation governors shall, unless they are satisfied that owing to special circumstances it would be unreasonable so to do, make arrangements for securing that such religious [F1 education] is given to those pupils at the school during not more than two periods in each week.

(2) Without prejudice to the duty to make such arrangements as aforesaid whatever the number of the teaching staff of the school, where the number of the teaching staff of a controlled school exceeds two the teaching staff shall include persons (hereinafter referred to as “reserved teachers”) selected for their fitness and competence to give such religious [F1 education] as is required to be given under such arrangements and specifically appointed to do so:

Provided that the number of reserved teachers in any controlled school shall not exceed one-fifth of the number of the teaching staff of the school including the head teacher, so, however, that where the number of the teaching staff is not a multiple of five it shall be treated for the purposes of this subsection as if it were the next higher multiple thereof.

(3) The head teacher of a controlled school shall not, while holding that position, be a reserved teacher . . . F3 .

(4) Where the local education authority propose to appoint any person to be a reserved teacher in a controlled school, the authority shall consult the foundation . . . F2 foundation governors of the school, and, unless the said . . . F2 governors are satisfied as to that person’s fitness and competence to give such religious [F1 education] as is required in pursuance of such arrangements as aforesaid the authority shall not appoint that person to be a reserved teacher.

(5) If the . . . F2 foundation governors of a controlled school are of opinion that any reserved teacher has failed to give such religious [F1 education] as aforesaid efficiently and suitably, they may require the authority to dismiss him from employment as a reserved teacher in the school.

[F4 (6) In the case of a controlled school the provision for religious education for pupils at the school which is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education-

(a) in accordance with any arrangements made under subsection (1) of this section; or

(b) subject to any such arrangements, in accordance with an agreed syllabus adopted for the school or for those pupils.]

Textual Amendments

F1 Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 2(1)

F2 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 9

F3 Words repealed (savings in S.I. 1987/344, Sch. 3 para. 1(4)(d)) by Education (No.2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I

F4 S. 27(6) substituted by Education Reform Act 1988 (c. 40, SIF 41:1) ss.9, 231(7), 235(6), Sch. 1 para. 2(2)