Legge 24 luglio 1998, n.31

Legge 24 luglio 1998: “School Standards and Framework Act 1998” (chapter 31).

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Appointment and dismissal of teachers of religious education

58. Appointment and dismissal of certain teachers at schools with a religious character

(1)In this section—
(a)subsections (2) to (6) apply to a foundation or voluntary controlled school which has a religious character; and
(b)subsection (7) applies (subject to subsection (8)) to a voluntary aided school which has a religious character;and references in this Chapter to a school which has (or does not have) a religious character shall be construed in accordance with section 69(3).

(2)Where the number of the teaching staff of a school to which this subsection applies is more than two, the teaching staff shall include persons who—
(a)are selected for their fitness and competence to give such religious education as is required in accordance with arrangements under paragraph 3(3) of Schedule 19 (arrangements for religious education in accordance with the school’s trust deed or with the tenets of the school’s specified religion or religious denomination), and
(b)are specifically appointed to do so.

(3)The number of reserved teachers in such a school shall not exceed one-fifth of the number of the teaching staff, including the head teacher (and for this purpose, where the number of the teaching staff is not a multiple of five, it shall be treated as if it were the next higher multiple of five).

(4)The head teacher of such a school shall not, while holding the post of head teacher of the school, be a reserved teacher.

(5)Where the appropriate body propose to appoint a person to be a reserved teacher in such a school, that body—
(a)shall consult the foundation governors, and
(b)shall not so appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (2)(a).

(6)If the foundation governors of such a school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they may require the appropriate body to dismiss him from employment as a reserved teacher in the school.

(7)If a teacher appointed to give religious education in a school to which this subsection applies fails to give such education efficiently and suitably, he may be dismissed on that ground by the governing body without the consent of the local education authority.

(8)Subsection (7) does not apply—
(a)where the school has a delegated budget, or
(b)to religious education in accordance with an agreed syllabus.

(9)In this section—
“the appropriate body” means—
(a)in relation to a foundation school, the governing body, and
(b)in relation to a voluntary controlled school, the local education authority;
“reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed at the school in pursuance of subsection (2).

Religious opinions etc. of staff

59. Staff at community, secular foundation or voluntary, or special school

(1)This section applies to—
(a)a community school or a community or foundation special school, or
(b)a foundation or voluntary school which does not have a religious character.

(2)No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship—
(a)from being a teacher at the school, or
(b)from being employed for the purposes of the school otherwise than as a teacher.

(3)No teacher at the school shall be required to give religious education.

(4)No teacher at the school shall receive any less remuneration or be deprived of, or disqualified for, any promotion or other advantage—
(a)by reason of the fact that he does or does not give religious education, or
(b)by reason of his religious opinions or of his attending or omitting to attend religious worship.

60. Staff at foundation or voluntary school with religious character

(1)This section applies to a foundation or voluntary school which has a religious character.

(2)If the school is a foundation or voluntary controlled school, then (subject to subsections (3) and (4) below) section 59(2) to (4) shall apply to the school as they apply to a foundation or voluntary controlled school which does not have a religious character.

(3)Section 59(2) to (4) shall not so apply in relation to a reserved teacher at the school; and instead subsection (5) below shall apply in relation to such a teacher as it applies in relation to a teacher at a voluntary aided school.

(4)In connection with the appointment of a person to be head teacher of the school (whether foundation or voluntary controlled) regard may be had to that person’s ability and fitness to preserve and develop the religious character of the school.

(5)If the school is a voluntary aided school—
(a)preference may be given, in connection with the appointment, remuneration or promotion of teachers at the school, to persons—
(i)whose religious opinions are in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4), or
(ii)who attend religious worship in accordance with those tenets, or
(iii)who give, or are willing to give, religious education at the school in accordance with those tenets; and
(b)regard may be had, in connection with the termination of the employment of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.

(6)If the school is a voluntary aided school, no person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being employed for the purposes of the school otherwise than as a teacher.

(7)Where immediately before the appointed day a teacher at a school which on that day becomes a school to which this section applies enjoyed, by virtue of section 304 or 305 of the [1996 c. 56.] Education Act 1996 (religious opinions of staff etc.), any rights not conferred on him by this section as a teacher at a school to which it applies, he shall continue to enjoy those rights (in addition to those conferred by this section) until he ceases to be employed as a teacher at the school.

(8)In this section “reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed at the school in pursuance of section 58(2).

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