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United Kingdom Statutory Instruments


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2004 No.2698

EDUCATION, ENGLAND

The Farnsfield St Michael's Church of England Primary (Voluntary Aided) School (Designation as having a Religious Character) Order 2004

  Made 18th October 2004 

In exercise of the powers conferred on the Secretary of State by section 69(3) and (4) of the School Standards and Framework Act 1998 [1], and having followed the procedure specified in the Religious Character of Schools (Designation Procedure) Regulations 1998[2], the Secretary of State for Education and Skills hereby makes the following Order:

Citation
     1. This Order may be cited as the Farnsfield St Michael's Church of England Primary (Voluntary Aided) School (Designation as having a Religious Character) Order 2004 .

Designation of School
    
2.  - (1) The Farnsfield St Michael's Church of England Primary (Voluntary Aided) School, Branston Avenue, Farnsfield, Nottinghamshire, NG22 8JZ, a voluntary aided school, is hereby designated as a school having a religious character.

    (2) The 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 to the School Standards and Framework Act 1998 is Church of England.


Shan Scott
A Divisional Manager in the Department for Education and Skills

18th October 2004



EXPLANATORY NOTE

(This note is not part of the Order)


This Order designates Farnsfield St Michael's Church of England Primary (Voluntary Aided) School as having a religious character in accordance with section 69(3) of the School Standards and Framework Act 1998 ("the Act").

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

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 attributes of the school or its governing body as described in the Religious Character of Schools (Designation Procedure) Regulations 1998 (SI 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.

Designation by this Order as a school with a religious character will not be accepted by the Secretary of State as conclusive evidence that an endowment has been held or used, wholly or partly, in connection with the provision 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 of England 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 order, the trust deeds and other supporting evidence would be considered.


Notes:

[1] 1998c.31. By virtue of SI 1999/672 the powers conferred by these provisions are exercisable by the Secretary of State only in relation to England.back

[2] S.I. 1998/2535.back



ISBN 0 11 049972 7


  © Crown copyright 2004

Prepared 26 October 2004


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URL: http://www.bailii.org/uk/legis/num_reg/2004/20042698.html