Section 8B Constitution of Academy proprietor, collective worship and religious educationF1
The articles of association of the proprietor of an Academy designated under section 8A must provide for a majority of the directors of the proprietor to be persons appointed for the purposes of securing, so far as practicable, that—
the character of the designated Academy reflects the tenets of the religion or religious denomination in relation to which the Academy is designated, and
in a case where there is a trust deed affecting the designated Academy, the Academy is conducted in accordance with it.
The proprietor of an Academy designated under section 8A may (accordingly) conduct the Academy in a way that secures that the character of the Academy reflects the tenets of the religion or religious denomination in relation to which the Academy is designated (and, in particular, in a way that is in accordance with any trust deed affecting the Academy).
The proprietor of an Academy designated under section 8A must ensure that at an appropriate time on at least one day in each week during which the Academy is open an act of collective worship is held at the Academy which pupils at the Academy may attend.
The act of collective worship must—
be in such form as to comply with the provisions of any trust deed affecting the Academy, and
reflect the traditions and practices of the religion or religious denomination in relation to which the Academy is designated.
The proprietor of an Academy designated under section 8A must ensure that religious education is provided at the Academy for all pupils who wish to receive it.
The proprietor of an Academy is to be treated as complying with subsection (5) if religious education is provided at a time or times at which it is convenient for the majority of full-time pupils to attend.
For the purposes of this section religious education may take the form of a course of lectures or classes, or of single lectures or classes provided on a regular basis, and may include a course of study leading to an examination or the award of a qualification.
The form and content of religious education provided under this section—
must be in accordance with the provisions of any trust deed affecting the Academy, and
must not be contrary to the traditions of the religion or religious denomination in relation to which the Academy is designated,
but is otherwise to be determined from time to time by the proprietor of the Academy.
Notwithstanding section 17(4), in this section—
“pupil” means a person receiving education at the 16 to 19 Academy;
“trust deed” includes any instrument (other than the articles or memorandum of association) regulating the constitution of the proprietor of the Academy or the maintenance, management or conduct of the Academy.
Annotations
Textual amendments
- F1
Ss. 8A, 8B and cross-heading inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 31, 36(2)
Notes on the whole Act
Textual amendments
- F1
Ss. 1A-1D inserted (1.2.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Education Act 2011 (c. 21), ss. 53(7), 82(3); S.I. 2012/84, art. 3; S.I. 2012/924, art. 2