The Religious Character of Schools (Designation Procedure) (Wales) Regulations 2016

Procedure for new schools E+W

3.—(1) Where proposals to establish a new voluntary school are approved under section 50 or 51 of the 2013 Act, or where the proposer determines to implement the proposals under section 53 of the 2013 Act, the Welsh Ministers must designate it as a school which has a religious character if the requirements set out in this regulation are satisfied.

(2) The proposers must have applied to the Welsh Ministers for the school to be designated as a school which has a religious character and, in the case of a new school which is intended to be a Church in Wales school(1), a Roman Catholic Church school(2) or a Church of England school(3), such application must have been approved by the diocesan authority which is intended to be the appropriate diocesan authority when the school opens.

(3) A temporary governing body must have been constituted for the school.

(4) The proposals published under section 48 of the 2013 Act to establish the school must specify—

(a) that the school is intended to be a school which has a religious character; and

(b) the religion or religious denomination or religions or religious denominations with which the school is to be associated.

(5) The terms or the proposed terms of—

(a) the trust deed; and

(b) the instrument of government for the school,

must be consistent with the published proposals.

(6) The Welsh Ministers must be satisfied as to one or more of the following matters—

(a) at least one member of the governing body of the school is a person appointed as a temporary foundation governor (within the meaning of the New Maintained Schools (Wales) Regulations 2005(4)) to represent the interests of one or more religions or religious denominations;

(b) the premises provided or to be provided for the school are or are to be held on trust so that, in the event of the discontinuance of the school, the property concerned is held for, or is to be sold and the proceeds of sale applied for, the benefit of one or more religions or religious denominations;

(c) the premises provided or to be provided for the school are or are to be held on trust in connection with—

(i) the provision of education, or

(ii) the conduct of an educational institution,

in accordance with the tenets of one or more religions or religious denominations.

Commencement Information

I1 Reg. 3 in force at 1.1.2017, see reg. 1(1)

(1)

See section 142(1) of the 1998 Act.

(2)

See section 142(1) of the 1998 Act.

(3)

See section 142(1) of the 1998 Act.

(4)

S.I. 2005/2912 (W. 209).