Education Act 1944 (repealed 1.11.1996)

28 Special provisions as to religious education in aided schools and in special agreement schools. E+W

[F1 (1) In the case of an aided or special agreement 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 provision 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 voluntary school; or

(b) in accordance with any arrangements under this section.

(1A) Subject to subsection (1C) of this section, the religious education given to pupils at such a school shall be under the control of the governors of the school.

(1B) Where the parents of pupils in attendance at such a school—

(a) desire them to receive religious education in accordance with any agreed syllabus adopted by the local education authority; and

(b) cannot with reasonable convenience cause those pupils to attend any school at which that syllabus is in use;

then, unless the authority are satisfied that owing to any special circumstances it would be unreasonable to do so, arrangements shall be made for religious education in accordance with that syllabus to be given to those pupils in the school during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 2(1)(a) of that Act.

(1C) Those arrangements shall be made by the governors of the school, unless the local education authority are satisfied that the governors are unwilling to make the arrangements, in which case they shall be made by the authority.]

(2) If a teacher appointed to give in an aided school religious [F2 education], other than [F2 education] in accordance with an agreed syllabus, fails to give such [F2 education] efficiently and suitably, he may be dismissed on that ground by the . . . F3 governors of the school without the consent of the local education authority.

(3) Where the special agreement made with respect to any special agreement school provides for the employment of reserved teachers, the local education authority shall, when they propose to appoint any person to be such a teacher in the school, consult the . . . F4 foundation governors of the school, and unless the said . . . F4 governors are satisfied as to that person’s fitness and competence to give such religious [F2 education] as aforesaid, the authority shall not appoint that person to be such a teacher.

(4) If the . . . F4 foundation governors of a special agreement school are of opinion that any such reserved teacher as aforesaid has failed to give, efficiently and suitably, such religious [F2 education] as he was appointed to give, they may require the authority to dismiss him from employment as a reserved teacher in the school.

Textual Amendments

F1 S. 28(1)(1A)–(1C) substituted for s. 28(1) by Education Reform Act 1988 (c. 40, SIF 41:1), ss.9, 231(7), 235(6), Sch. 1 para. 3(1)

F2 Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss.9, 231(7), 235(6), Sch. 1 para. 3(2)

F3 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 9

F4 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 9