The Designation of Schools Having a Religious Character (Wales) Order 2014

Made: 9 December 2014

Coming into force: 15 December 2014

The Welsh Ministers make the following Order in exercise of the powers conferred on the Secretary of State by sections 69(3) and (4) and 138(7) of the School Standards and Framework Act 1998[^f00001], and now vested in them[^f00002], having followed the procedure specified in the Religious Character of Schools (Designation Procedure) Regulations 1998[^f00003].

Title, commencement and application

1

• (1) The title of this Order is the Designation of Schools Having a Religious Character (Wales) Order 2014.

• (2) This Order comes into force on 15 December 2014.

• (3) This Order applies in relation to Wales.

Revocation

2

The Designation of Schools Having a Religious Character (Wales) Order 2007[^f00004] is revoked.

Interpretation

3

In this Order “the relevant religion or religious denomination” (“y grefydd neu’r enwad crefyddol perthnasol”) means the religion or religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at a school in accordance with Schedule 19 to the School Standards and Framework Act 1998[^f00005].

Designation of the Schools

4

• (1) A school listed in the Schedule to this Order is designated as a school having a religious character.

• (2) The relevant religion or religious denomination in relation to a school listed in the Schedule to this Order is—

• (a) Church in Wales, in the case of a school listed in Part I of the Schedule;

• (b) Roman Catholic, in the case of a school listed in Part II of the Schedule; and

• (c) Roman Catholic and Anglican, in the case of a school listed in Part III of the Schedule.

SCHEDULE

PART I — SCHOOLS WHOSE RELIGIOUS CHARACTER IS CHURCH IN WALES

PART II — SCHOOLS WHOSE RELIGIOUS CHARACTER IS ROMAN CATHOLIC

PART III — SCHOOLS WHOSE RELIGIOUS CHARACTER IS ROMAN CATHOLIC AND ANGLICAN

Signed

Huw Lewis — Minister for Education and Skills, one of the Welsh Ministers — 9 December 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order, which comes into force on 15 December 2014, designates schools in Wales which have a religious character in accordance with section 69(3) of the School Standards and Framework Act 1998 (“the Act”).

This Order revokes and replaces the Designation of Schools Having a Religious Character (Wales) Order 2007 (S.I. 2007/972 (W. 88)).

This Order is made to reflect:—

• (i) the closure of some schools listed in the Order made in 2007;

• (ii) the change of category of some schools listed in the Order made in 2007; and

• (iii) the opening of some schools.

Designation as a school which has a religious character is relevant for a number of purposes under the Act, notably:—

• (a) as part of the mechanism for determining the form of religious education to be provided under Schedule 19 to the Act;

• (b) as part of the mechanism for determining the form of collective worship to be provided under Schedule 20 to the Act;

• (c) as part of the mechanism for determining school staffing matters under sections 58 to 60 of the Act;

• (d) for the purposes of the determination of admission arrangements under section 89 of the Act; and

• (e) for the purposes of the application of assets in respect of which a grant has been paid under Schedule 3 to the Act, so that conditions can be imposed requiring those assets to be applied for the benefit of schools of the same religion or religious denomination.

Designation as a school with a religious character will not be accepted as conclusive evidence that an endowment has been held or used, wholly or partly, in connection with the provisions at the school of religious education for the purposes of section 554(2) of the Education Act 1996. Section 554 enables appropriate authorities of any religious denomination or religion (but normally Church in Wales diocesan authorities) to make fresh provision for endowments held or used for the provision of religious education. This normally happens as a result of a school closing. In confirming eligibility for an endowment order, the trust deeds and supporting evidence would be considered.

Designation by this Order is not of itself a means of acquiring a religious character or of changing religious character. Designation is the recognition of certain existing attributes of the school or its governing body as described in the Religious Character of Schools (Designation Procedure) Regulations 1998 (S.I. 1998/2535). Under the Act a school must first close if it is to acquire a religious character, if it does not, as a question of fact, have one already, or where it is to change its religious character.

The only religion in accordance with those tenets religious education is required to be provided at a school under this Order is the Christian religion. The relevant religious denominations within Christianity are the Church in Wales and the Roman Catholic Church.

The designation, in this Order, of a school as a school whose relevant religion or religious denomination is Roman Catholic does not determine whether or not the school is a Roman Catholic Church school according to canon law.

The Welsh Ministers’ Code of Practice on the carrying out of a Regulatory Impact Assessment was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.

Footnotes

[^f00001]: 1998 c. 31. Section 69 was amended by section 215(1) of, and paragraph 104 of Schedule 21 to, the Education Act 2002 (c. 32) and S.I. 2010/1158 (see article 5(1) and Schedule 2). See section 142(1) of the Education Act 2002 for the meaning of “prescribed” and “regulations”.

[^f00002]: The powers in section 69(3) and (4) and 138(7) and (8) of the School Standards and Framework Act 1998 are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously vested in the National Assembly for Wales by virtue of article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32), they were transferred to the Welsh Ministers.

[^f00003]: S.I. 1998/2535.

[^f00004]: S.I. 2007/972 (W. 88).

[^f00005]: Schedule 19 was amended by section 215(1) of, and paragraph 117 of Schedule 21 to, the Education Act 2002 and S.I. 2010/1158 (see article 5(1) and Schedule 2).