The Education Act 2002 is amended as follows.
A
bill
to
Make provision to include non-religious philosophical convictions within the school curriculum; to require that persons who hold non-religious philosophical convictions must be represented at standing advisory councils on religious education and at agreed syllabus conferences; and for connected purposes.
B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Education Act 2002 is amended as follows.
“(a)in—
(i)voluntary aided schools which have a religious
character, provision for religious education, or
(ii)all other schools, provision for religion and worldviews
education,
for all registered pupils at the school (in accordance with
Schedule 19 to the School Standards and Framework Act 1998),”
In section 80(2)(b) for “religious education” substitute “religion and worldviews
education”.
“(2AA)For the purposes of subsections (1)(a), a school has a religious character
if it is designated as a school having such a character by an order
made by the Secretary of State (in accordance with section 69(3) to (5)
of the School Standards and Framework Act 1998).”
The School Standards and Framework Act 1998 is amended as follows.
In the heading under “CHAPTER VI” before “RELIGIOUS EDUCATION”
insert—
“RELIGION AND WORLDVIEWS EDUCATION,”.
In section 69(1) for “community, foundation or voluntary school” substitute
“voluntary aided school with a religious character”.
In section 69(2) omit paragraphs (a) and (b).
“Religion and worldviews education
69A Duty to secure due provision of religion and worldviews education
(1)In relation to any community, foundation or voluntary school which
does not have a religious character or any foundation or voluntary
controlled school with a religious character—
(a)the local authority and the governing body shall exercise their
functions with a view to securing, and
(b)the head teacher shall secure,
that religion and worldviews education is given in accordance with
the provision for such education included in the school’s basic
curriculum by virtue of section 80(1)(a) of the Education Act 2002.
(2)Schedule 19 has effect for determining the provision for religion and
worldviews education which is required by section 80(1)(a) of that
Act to be included in the basic curriculum of schools within each of
the following categories, namely—
(a)community schools,
(b)foundation and voluntary schools which do not have a religious
character,
(c)foundation and voluntary controlled schools which have a
religious character.
(3)For the purposes of this Part a foundation or voluntary controlled
school has a religious character if it is designated as a school having
such a character by an order made by the Secretary of State (in
accordance with section 69(3) to (5) of the School Standards and
Framework Act 1998).
(4)In accordance with Schedule 19, parents of pupils attending foundation
and voluntary controlled schools with a religious character may request
that they receive religious education instead of religion and worldviews
education.
(5)An order under subsection (3) shall state, in relation to each school
designated by the order, the religion or religious denomination in
accordance with whose tenets religious education is, or may be,
required to be provided at the school in accordance with Schedule 19
(or, as the case may be, each such religion or religious denomination).
(6)The procedure to be followed in connection with—
(a)the designation of a school in an order under subsection (3),
and
(b)the inclusion in such an order, in relation to a school, of the
statement required by subsection (5),
shall be as specified in the Religious Character of Schools (Designation
Procedure) Regulations 1998.”
Section 71 of the School Standards and Framework Act 1998 is amended as
follows.
In section 71(1) for “community, foundation or voluntary school” substitute
“voluntary aided school with a religious character other than a sixth form
pupil”.
In section 71(1B) after “voluntary school” insert “or voluntary aided school
with a religious character”.
In section 71(3)(b) omit “community, foundation or voluntary”.
“(3A)Where, in accordance with subsection (1), a pupil has been wholly or
partly excused from receiving religious education taught in accordance
with a particular religion or denomination, the school shall offer
religion and worldviews education in accordance with the locally
agreed syllabus as set out in section 4(3) of Schedule 19 to the School
Standards and Framework Act 1998.
(3B)For the purposes of subsection (3A), the request to receive religion
and worldviews education may be made by the parent of the pupil
or, in the event that the pupil is of sixth-form age, the pupil themself.”
“(a)receives religion and worldviews education”
Schedule 19 to the School Standards and Framework Act 1998 is amended as
follows.
In the heading before “RELIGIOUS EDUCATION” insert “RELIGION AND
WORLDVIEWS EDUCATION AND”.
“(1A)In this Schedule “the required provision for religion and worldviews
education”, in relation to a school, means the provision for pupils at
the school which is required by section 80(1)(a)(i) of the Education
Act 2002 to be included in the school’s basic curriculum.”
In paragraph 2(2)—
omit “Subject to sub-paragraph (4)”;
for both instances of “religious education” substitute “religion and
worldviews education”.
Omit paragraphs 2(3) and (4).
In paragraph 2(5) for “religious education” substitute “religion and worldviews
education”.
In paragraph 3(2) before both instances of “religious education” insert “religion
and worldviews education or”.
“Where the parents of any pupils at the school desire them to receive religion and worldviews education in accordance with the agreed syllabus adopted by the local authority, the governing body shall make arrangements for religion and worldviews education in accordance with that syllabus to be given to those pupils in the school.”
Omit paragraph 3(4).
In paragraph 4(4) for both instances of “Religious education” substitute
“Religion and worldviews education”.
In paragraph 4(4) omit from “section 80(1)(a)” to end and insert “section
80(1)(a)(i) of the Education Act 2002”.
The Education (Maintained Special Schools) (England) Regulations 1999 (S.I.
1999/2212) are amended as follows.
In the heading of paragraph 18, for “Religious education” substitute “Religion
and worldviews education and collective worship”.
“(1)Arrangements shall be made to secure that, so far as practicable, every
pupil attending a maintained special school will attend—
(a)unless withdrawn from attendance at such worship in
accordance with the wishes of his parent, daily collective
worship,
(b)religion and worldviews education.
(2)The religion and worldviews education required under
sub-paragraph(1)(b) shall—
(a)reflect the fact that the religious traditions in Great Britain are
in the main Christian; and
(b)take account of the teachings of the other principal religions
and non-religious beliefs represented in Great Britain.
(3)In sub-paragraph (1)(b) the reference to non-religious beliefs is to
explicitly non-religious philosophical convictions, within the meaning
of Article 2 of the First Protocol to the European Convention on Human
Rights, that are analogous to religions.
(4)In sub-paragraph (3) “the European Convention on Human Rights”
means the Convention for the Protection of Human Rights and
Fundamental Freedoms, agreed by the Council of Europe at Rome on
4 November 1950, as it has effect for the time being in relation to the
United Kingdom; and “the First Protocol”, in relation to that
Convention, means the protocol to the Convention agreed at Paris on
20 March 1952.”
The Education (Non-Maintained Special Schools) (England) Regulations 2015
(S.I. 2015/728) are amended as follows.
In the heading of paragraph 24, for “Religious education” substitute “Religion
and worldviews education”.
“receives religion and worldviews education, and”
“24A(1)
The religion and worldviews education required under paragraph
(24)(a) shall—
(a)reflect the fact that the religious traditions in Great Britain
are in the main Christian; and
(b)take account of the teachings of the other principal religions
and non-religious beliefs represented in Great Britain.
(2)In sub-paragraph (1)(b) the reference to non-religious beliefs is to
explicitly non-religious philosophical convictions, within the meaning
of Article 2 of the First Protocol to the European Convention on
Human Rights, that are analogous to religions.
(3)In sub-paragraph (2) “the European Convention on Human Rights”
means the Convention for the Protection of Human Rights and
Fundamental Freedoms, agreed by the Council of Europe at Rome
on 4 November 1950, as it has effect for the time being in relation
to the United Kingdom; and “the First Protocol”, in relation to that
Convention, means the protocol to the Convention agreed at Paris
on 20 March 1952.”
The proprietor of an Academy school without a religious character must
exercise its functions with a view to securing, and its principal must secure,
that religion and worldviews education is provided to all pupils at the school.
The religion and worldviews education required under this section must—
reflect the fact that the religious traditions in Great Britain are in the
main Christian; and
take account of the teachings of the other principal religions and
non-religious beliefs represented in Great Britain.
In subsection (2)(b) the reference to non-religious beliefs is to explicitly
non-religious philosophical convictions, within the meaning of Article 2 of
the First Protocol to the European Convention on Human Rights, that are
analogous to religions.
In this section and section 8 “the European Convention on Human Rights”
means the Convention for the Protection of Human Rights and Fundamental
Freedoms, agreed by the Council of Europe at Rome on 4 November 1950,
as it has effect for the time being in relation to the United Kingdom; and “the
First Protocol”, in relation to that Convention, means the protocol to the
Convention agreed at Paris on 20 March 1952.
A provision of an Academy agreement or master agreement (including an
agreement entered into before this section comes into force) is void so far as
it is inconsistent with any provision made by or under this section.
This section applies to any Academy school designated with a religious
character that provides religious education in accordance with—
a trust deed relating to the school, or
the tenets of the school’s designated religion or religious denomination.
Where a pupil at an Academy school referred to in subsection (1) has been
wholly excused from receiving religious education, the school must offer
religion and worldviews education as an alternative.
The religion and worldviews education required under subsection (2) must—
reflect the fact that the religious traditions in Great Britain are in the
main Christian; and
take account of the teachings of the other principal religions and
non-religious beliefs represented in Great Britain.
In subsection (3)(b), the reference to non-religious beliefs is to explicitly
non-religious philosophical convictions, within the meaning of Article 2 of
the First Protocol to the European Convention on Human Rights, that are
analogous to religions.
The Education Act 1996 is amended as follows.
In the heading of Chapter III before “RELIGIOUS EDUCATION” insert
“RELIGION AND WORLDVIEWS EDUCATION,”.
In the heading of section 375 for “religious education” substitute “religion
and worldviews education”.
In section 375(2) for “religious education” substitute “religion and worldviews
education”.
“(a)prepared in accordance with Schedule 31, and”
“(3)Every agreed syllabus shall—
(a)reflect the fact that the religious traditions in Great Britain are
in the main Christian; and
(b)take account of the teachings of the other principal religions
and non-religious beliefs represented in Great Britain.”
“(3A)In subsection (3), the reference to non-religious beliefs is to explicitly
non-religious philosophical convictions within the meaning of section
399A of this Act.”
“(4)Any reference in this Act to an agreed syllabus adopted by a local
authority includes a reference to an agreed syllabus deemed to be
adopted by such an authority by virtue of paragraph 14 of Schedule
31; and accordingly, in relation to an agreed syllabus deemed to be
so adopted, any reference to the date on which an agreed syllabus
was adopted is a reference to the date of deemed adoption specified
by the Secretary of State in a direction under that paragraph.”
Omit subsection (5).
Schedule 31 of the Education Act 1996 is amended as follows.
In the heading after for “RELIGIOUS EDUCATION” substitute “RELIGION
AND WORLDVIEWS EDUCATION”.
“Duty to convene conference to prepare first syllabus of religion and worldviews education
1AA local authority must convene a conference for the purpose of
preparing the first syllabus of religion and worldviews education
to be adopted by the local authority under section 375 no longer
than two years from the passing of this Act.”
“(1)Once, subject to section 1A, the first agreed syllabus of religion and
worldviews education has been adopted, a local authority shall from
time to time cause further conferences to be convened for the purpose
of reconsidering any agreed syllabus for the time being adopted by
them.
(2)No such conference shall be convened later than the end of the period
of five years beginning with the date on which—
(a)the authority adopted the previous syllabus or
(b)the authority gave effect to a recommendation under paragraph
10(2) below that the syllabus should continue to be the agreed
syllabus.”
Schedule 31 to the Education Act 1996 is amended as follows.
“(a)a committee of persons to represent—
(i)Christian denominations and other religions and
denominations of such religions, and
(ii)non-religious beliefs (within the meaning of section
399A of this Act)”.
In paragraph 4(4) for both instances of “denomination or religion” substitute
“denomination, religion or non-religious belief”.
“(5)Each committee convened under sub-paragraph (2)(a) shall include a
minimum of one representative of a religion or religious denomination
and one representative of a non-religious belief.”
In paragraph 7(1) after both instances of “religion, denomination” insert “or
non-religious belief”.
In paragraph 7(2) after “religion, denomination” insert “or non-religious belief”.
Schedule 31 of the Education Act 1996 is amended as follows.
“(b)it appears to the local authority that the syllabus or, as the case
may be, the new syllabus—
(i)reflects the fact that the religious traditions in Great
Britain are in the main Christian; and
(ii)takes account of the teachings of the other principal
religions and non-religious beliefs (within the meaning
of section 399A of this Act) represented in Great
Britain.”
Schedule 31 of the Education Act 1996 is amended as follows.
In paragraph 12(1) for both instances of “religious education” substitute
“religion and worldviews education”.
In paragraph 13(1)(b) for “religious education” substitute “religion and
worldviews education”.
Section 390 of the Education Act 1996 is amended as follows.
In the title of section 390 (Constitution of advisory councils) omit “on religious
education”.
In subsection (1) for “religious education” substitute “religion and worldviews
education”.
“(a)a committee of persons to represent—
(i)Christian denominations and other religions and
denominations of such religions, and
(ii)non-religious beliefs (within the meaning of section
399A of this Act),
as, in the opinion of the authority, will appropriately reflect
the principal religions, denominations and non-religious beliefs
in the area.”
“(4A)Each committee convened under sub-paragraph (4)(a) shall include a
minimum of one representative of a religion or religious denomination
and one representative of a non-religious belief.”
In subsection (6) for both instances of “denomination or religion” substitute
“religion, denomination or non-religious belief”.
Section 391 of the Education Act 1996 is amended as follows.
In section 391(1)(a)(ii) for “religious education” substitute “religion and
worldviews education”.
Section 392 of the Education Act 1996 is amended as follows.
In subsection (1) for “religious education” substitute “religion and worldviews
education”.
In subsection (2) after “denomination” insert “, non-religious belief”.
In subsection (3) after “denomination” insert “, non-religious belief”.
In subsection (8)(b) after “denomination” insert “, non-religious belief”.
The Education Act 1996 is amended as follows.
“399A Definitions
(1)In this Chapter and in Schedule 31 the reference to non-religious beliefs
is to philosophical convictions that—
(a)are explicitly non-religious, and
(b)are philosophical convictions within the meaning of Article 2
of the First Protocol to the European Convention on Human
Rights.
(2)In subsection (1) “the European Convention on Human Rights” means
the Convention for the Protection of Human Rights and Fundamental
Freedoms, agreed by the Council of Europe at Rome on 4 November
1950, as it has effect for the time being in relation to the United
Kingdom; and “the First Protocol”, in relation to that Convention,
means the protocol to the Convention agreed at Paris on 20 March
1952.”
The Education Act 1996 is amended in accordance with subsections (2) to (5).
In section 396(1) omit “on religious education”.
In the heading of section 397 for “Religious education” substitute “Religion
and worldviews education”.
In section 397(1)(b) omit “on religious education”.
In section 578 at end insert “Education (Non-religious Philosophical
Convictions) Act 2022”.
Section 59 of the School Standards and Framework Act 1998 is amended is
accordance with subsections (7) and (8).
In subsection (3) for "religious education" substitute "religion and worldviews
education".
In subsection (4)(a) for “religious education” substitute “religion and
worldviews education”.
This Act extends to England and Wales.
This Act comes into force on the day on which it is passed.
This Act may be cited as the Education (Non-religious Philosophical
Convictions) Act 2022.
A
bill
to
Make provision to include non-religious philosophical convictions within the school curriculum; to require that persons who hold non-religious philosophical convictions must be represented at standing advisory councils on religious education and at agreed syllabus conferences; and for connected purposes.
Ordered to be Printed, .
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