Education Act 1993 (c. 35)

(The document as of February, 2008)

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(a) the school was an aided or special agreement school immediately before it became grant-maintained,

(b) proposals have been approved under section 13 of the [1980 c. 20.] Education Act 1980 (establishment and alteration of voluntary schools) for the maintenance as a voluntary school of a school which is proposed to be established on the school premises, and

any section 105 loan liabilities of the governing body in liquidation shall on the dissolution date be transferred to and become liabilities of the temporary governing body of the new school (subject to any variation of the terms applicable in relation to the loans in question immediately before that date that may be agreed between the Secretary of State and that governing body).

(5) If--

(a) subsection (4)(a) and (b) above apply, but

(b) no direction that the proposed school shall be an aided school has been given before the dissolution date,

any section 105 loan liabilities of the governing body shall be terminated on that date.

(6) If--

(a) any liabilities of the governing body have been terminated by virtue of subsection (5) above, and

(b) a new voluntary school is established in pursuance of any proposals approved under section 13 of the [1980 c. 20.] Education Act 1980 on the school premises,

the amount of those liabilities shall be treated for the purposes of section 14 of the [1944 c. 31.] Education Act 1944 (restrictions on discontinuance of voluntary schools by governors) as expenditure incurred by the Secretary of State (otherwise than in connection with repairs) in respect of the premises of the new school.

116 Surplus money and investments

(1) Subject to the following provisions of this section--

(a) any money held by or for a governing body in liquidation (whether in cash or to their account at or on deposit with any bank or other institution), and

(b) any investments to which this section applies held by or for such a governing body,

shall, after discharge of the liabilities and costs mentioned in subsection (2) below, be paid or (as the case may be) transferred by the governing body to the Secretary of State.

(2) The liabilities and costs referred to in subsection (1) above are--

(a) all the liabilities of the governing body in liquidation (other than any not required to be discharged before the dissolution date is appointed), and

(b) all costs of the winding up.

(3) Where the Secretary of State is satisfied as to the whole or any part of any such money or as to any such investments--

(a) that the money or that part of it was derived or (as the case may be) those investments were acquired otherwise than from grants paid by him or the funding authority under this Part of this Act, and

(b) that it ought to be paid, or the investments ought to be transferred, to a local education authority or to some other person,

he may require the governing body to pay the money or (as the case may be) an amount equal to the part in question, or to transfer those investments, to such local education authority or other person as he may specify, either beneficially or to be held on trust for such purposes as he may specify.

(4) Where the premises of the school are to be used for the purposes of a new or existing grant-maintained school, the Secretary of State may require the governing body in liquidation, after discharge of the liabilities mentioned in subsection (2) above--

(a) to pay any money held by or for them, and

(b) to transfer any investments to which this section applies held by or for them,

to the governing body of the new or existing grant-maintained school, either beneficially or to be held on trust for such purposes as he may specify.

(5) Without prejudice to the powers of the Secretary of State under subsections (3) and (4) above, any payment of money or transfer of investments under this section shall be free of any trusts on which the money or investments are held by the governing body before the payment or transfer is made.

(6) This section applies to any investment within the meaning of the [1986 c. 60.] Financial Services Act 1986 which falls within--

(a) any of paragraphs 1 to 6 of Schedule 1 to that Act (investments and investment business), or

(b) paragraph 11 of that Schedule, so far as referring to investments falling within any of paragraphs 1 to 6.

(7) References in subsection (6) above to any paragraphs of Schedule 1 to the [1986 c. 60.] Financial Services Act 1986 include references to those paragraphs as amended by any order under section 2 of that Act (power to extend or restrict scope of Act) which amends those paragraphs for the purposes of all the provisions of that Act.

Chapter IX Groups of grant-maintained schools

117 Nature of group

(1) Subject to the provisions of this Chapter, two or more grant-maintained schools may be conducted as a group by a single governing body.

(2) In the case of such a group--

(a) there shall be an instrument (to be known as the instrument of government) providing for the constitution of the governing body, and

(b) for each school in the group there shall be an instrument (to be known as the articles of government) in accordance with which the school is to be conducted.

(3) The instrument and articles of government--

(a) shall comply with any requirements imposed by or under this Chapter, and

(b) may make any provision authorised by or under this Chapter to be made and such other provision as may be necessary or desirable.

(4) Subject to any express provision of the instrument or articles of government, each school in such a group shall be conducted in accordance with any trust deed relating to it.

(5) Schedules 5 and 6 to this Act shall have effect in relation to groups of grant-maintained schools with such modifications as may be prescribed.

(6) Subject to any provision made by or under this Chapter, where there is a group of grant-maintained schools any provision of an enactment which applies to such schools shall apply separately in relation to each of the schools.

(7) References in this Chapter to a group are to a group of grant-maintained schools conducted, or to be conducted, by a single governing body.

118 Instruments and articles of government for group

(1) The initial instrument of government for the governing body of a group and the initial articles of government for each school in the group shall be such as are prescribed.

(2) The initial instrument of government shall have effect as from the date on which the governing body are incorporated.

(3) The initial articles of government shall have effect as from the date of implementation of the proposals in pursuance of which the school became a member of the group.

(4) Section 57 of this Act shall apply in relation to the governing body of a group as it applies in relation to the governing body of a grant-maintained school.

(5) Section 58 of this Act shall apply in relation to a school in a group as it applies in relation to other grant-maintained schools.

119 Parent governors

(1) The instrument of government for the governing body of a group shall provide for the governing body to include parent governors.

(2) The number of parent governors shall not be--

(a) less than three, or

(b) subject to paragraph (a) above, more than the number of schools in the group.

(3) Subject to subsection (6) below, the parent governors shall be elected by persons who are registered parents of registered pupils at schools in the group, but, if any of the schools in the group is established in a hospital, the instrument may provide for any of the parent governors to be appointed by the other members of the governing body.

(4) To qualify for such election a person must himself when he is elected be a registered parent of a registered pupil at one of the schools in the group and, to qualify for such appointment, a person must when he is appointed be such a parent or, if that is not reasonably practicable, a parent of one or more children of compulsory school age.

(5) The instrument shall provide for each parent governor to hold office for a term of four years.

(6) The instrument shall provide that if--

(a) one or more vacancies for parent governors are required to be filled by election, and

(b) the number of parents standing for election as parent governors is less than the number of vacancies,

the required number of parent governors shall be made up by persons appointed by the other members of the governing body.

(7) The instrument shall require governors, in appointing a person under a provision made by virtue of subsection (6) above--

(a) to appoint a person who is the registered parent of a registered pupil at one of the schools in the group, where it is reasonably practicable to do so, and

(b) where it is not, to appoint a person who is the parent of one or more children of compulsory school age.

120 Teacher governors

(1) The instrument of government for the governing body of a group shall provide for the governing body to include either one or two teacher governors.

(2) Each teacher governor shall be elected by persons who are teachers at schools in the group.

(3) To qualify for such election, a person must himself when he is elected be a teacher at one of the schools in the group.

(4) The instrument shall provide for each teacher governor to hold office for a term of four years.

121 Head teacher governors

The instrument of government for the governing body of a group shall provide for the head teacher of each school in the group to be an ex officio governor, unless he chooses not to be.

122 Core governors

(1) The instrument of government for the governing body of a group shall provide for the governing body to include core governors.

(2) Schedule 8 to this Act (which makes provision in relation to core governors for groups) shall have effect.

(3) The instrument shall provide for core governors to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

123 Power of the Secretary of State to replace core governors

(1) The instrument of government for the governing body of a group shall provide for the Secretary of State to have power, where any of subsections (2) to (4) below apply, to replace all or any of the core governors, other than any externally appointed core governor appointed in respect of a particular school.

(2) This subsection applies where the governing body have been guilty of substantial or persistent failure to comply or secure compliance with any requirement imposed by or under any enactment.

(3) This subsection applies where--

(a) there is a report of an inspection of any of the schools in which the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school under Chapter I of Part V of this Act, he did not express the opinion in the report that special measures were not required to be taken in relation to the school, and

(d) the Secretary of State has received a statement prepared under section 210 of this Act or the period allowed by subsection (2) of that section for the preparation of such a statement has expired;

and expressions used in this subsection and in that Part have the same meaning as in that Part.

(4) This subsection applies where in the opinion of the Secretary of State any action taken or proposed by the governing body or any failure of the governing body to act is prejudicial to the provision of education by any of the schools.

(5) The instrument of government shall enable the Secretary of State to make such provision as he thinks fit for filling vacancies for core governors other than externally appointed governors if it appears to him that the governing body are unable or unwilling to fill the vacancies.

(6) Any provision made by the instrument of government in pursuance of Schedule 8 to this Act shall not apply for the purposes of the appointment by virtue of this section of any core governor.

124 Additional governors

(1) The instrument of government for the governing body of a group shall enable the Secretary of State to appoint not more than two additional governors if it appears to him that the governing body are not adequately carrying out their responsibilities in respect of the conduct or management of any of the schools in the group.

(2) The instrument shall enable the governing body, during any period when any additional governors appointed by the Secretary of State by virtue of subsection (1) above are in office, to appoint a number of additional core governors not greater than the number of additional governors appointed by the Secretary of State who are then in office.

(3) Section 122(3) of this Act and Schedule 8 to this Act do not apply to additional core governors.

125 Powers

In the case of a group of grant-maintained schools conducted by a single governing body, that body shall have in relation to each of the schools the powers conferred by section 68 of this Act on the governing body of a grant-maintained school.

126 Application of maintenance grants in the case of groups

(1) For each financial year the governing body of a group shall apply for the purposes of each school in the group the share of maintenance grant which is attributable to that school.

(2) For the purposes of subsection (1) above, in each financial year the share of maintenance grant which is attributable to each school in a group is the amount which in the case of that school is the prescribed percentage of the maintenance grant payable in respect of the school.

(3) The governing body of a group shall not apply otherwise than for the purposes of schools in the group any payments made to them in respect of maintenance grant.

(4) This section is subject to--

(a) any requirements imposed under section 84(1) or, as the case may be, 90(1) of this Act, and

(b) any requirements as to the application of maintenance grant contained in the articles of government for any of the schools.

(5) In relation to groups of grant-maintained schools, this section has effect in place of section 81(3) or, as the case may be, 87(2) of this Act.

127 School acquiring grant-maintained status as a member of a group, etc

(1) Regulations may make provision--

(a) for two or more schools, each of which is eligible for grant-maintained status and satisfies the prescribed requirements, to become grant-maintained schools conducted by a single governing body,

(b) for two or more grant-maintained schools, each of which is not a member of a group and satisfies the prescribed requirements, to become a new group conducted by a single governing body,

(c) for a school which is eligible for grant-maintained status, or is a grant-maintained school, and satisfies the prescribed requirements to become a member of an existing group,

(d) for the schools in two or more existing groups, where each of the schools satisfies the prescribed requirements, to become one group, and

(e) for a school in a group, where the school satisfies the prescribed requirements, to leave the group but continue to be a grant-maintained school (whether as a member of a group or not).

(2) Regulations shall require in the case of each school which is not a grant-maintained school but is to acquire grant-maintained status as a member of a group--

(a) a resolution of the existing governing body to hold a ballot of parents on the question of whether grant-maintained status as a member of a group should be sought for the school,

(b) a ballot of parents at the school,

(c) the publication by the existing governing body (together with the existing governing bodies of any other schools which are to acquire grant-maintained status as members of the same group) of proposals for the schools to acquire grant-maintained status and be conducted by a single governing body, and

(d) the approval of such proposals, as originally published or as modified by the Secretary of State (whether before or after they are approved).

(3) Regulations shall require in the case of each grant-maintained school which is not a member of a group but is to become a member of a new group--

(a) a resolution for the purpose of the existing governing body,

(b) the publication by the existing governing body (together with the governing bodies of any other schools which are to become members of the group) of proposals for the schools to become a new group conducted by a single governing body, and

(c) the approval of such proposals, as originally published or as modified by the Secretary of State (whether before or after they are approved).

(4) Regulations made by virtue of subsection (2) or (3) above shall not enable the Secretary of State to modify any proposals after approving them so as to exclude any school to which they relate; and where under such regulations the Secretary of State modifies any proposals so as to exclude any school to which they relate--

(a) he may not approve them without the consent of the existing governing bodies of the schools to which the proposals as modified relate, and

(b) if he approves them, the regulations shall have effect as if the proposals as published had related only to those schools.

(5) Where proposals for the purposes of subsection (1)(a) or (b) above are approved, regulations shall provide--

(a) for the determination of the persons who are to be the initial members of the governing body,

(b) for their incorporation, and

(c) for sections 119 to 123 of this Act, Schedule 8 to this Act and the instrument of government to have effect in relation to any person who becomes a member of the governing body--

(i) before the date of implementation of the proposals, or

(ii) before the date on which the first instrument under section 57(1) of this Act for the governing body comes into effect,

with such modifications as may be prescribed.

(6) Where proposals for the purposes of subsection (1)(a) above in relation to any schools, or proposals for the purposes of subsection (1)(c) above in relation to a school which is eligible for grant-maintained status, are approved, regulations shall provide in relation to each of the schools--

(a) for the local education authority to cease to be under a duty to maintain the school,

(b) for any special agreement relating to the school to cease to have effect, and

(c) for the functions, during the period beginning with the approval of the proposals and ending with their implementation, of the governing body incorporated under the regulations.

(7) Where proposals for the purposes of subsection (1)(b) above are approved, regulations shall provide for the functions, during the period beginning with the approval of the proposals and ending with their implementation, of the governing body incorporated under the regulations.

(8) In relation to--

(a) any schools seeking to acquire grant-maintained status as a group or grant-maintained schools seeking to become a new group,

(b) any school seeking to become a member of an existing group, and

regulations may provide for any provision of this Part of this Act, other than this Chapter, to apply with such modifications as may be prescribed.

(9) Regulations may make provision for the governing body of a group to be reconstituted where any change occurs in the membership of the group.

(10) The Secretary of State may instead of, or in addition to, prescribing requirements for the purposes of subsection (1) above issue guidance as to the requirements he would expect to be satisfied for any application--

(a) for any maintained schools, or grant-maintained schools, to become a new group,

(b) to join or leave a group, or

to be approved.

(11) This section does not apply to nursery schools.

Chapter X General and Miscellaneous

Further education

128 Provision of further education in grant-maintained schools

It shall be the duty of the governing body of any grant-maintained school which provides--

(a) part-time education suitable to the requirements of persons of any age over compulsory school age, or

(b) full-time education suitable to the requirements of persons who have attained the age of nineteen years,

to secure that it is not provided at any time in a room where pupils are at that time being taught except in such circumstances as may be prescribed.

Provision of benefits and services by local education authority

129 Provision of benefits and services for pupils by local education authority

(1) Where--

(a) a local education authority are under a duty, or have power, to provide any benefits or services for pupils, and

(b) the duty is to be performed, or the power may be exercised, both in relation to pupils at schools maintained by a local education authority and in relation to pupils at grant-maintained schools,

the authority shall in performing the duty, or exercising the power, treat pupils at grant-maintained schools no less favourably (whether as to the benefits or services provided or as to the terms on which they are provided) than pupils at schools maintained by a local education authority.

(2) Where--

(a) a local education authority are under a duty, or have power, to provide any benefits or services for persons, other than pupils, receiving education at a school, and

(b) the duty is to be performed, or the power may be exercised, both in relation to such persons at schools maintained by a local education authority and in relation to such persons at grant-maintained schools,

the authority shall in performing the duty, or in exercising the power, treat such persons at grant-maintained schools no less favourably (whether as to the benefits or services provided or as to the terms on which they are provided) than such persons at schools maintained by a local education authority.

Transfer and disposal of premises

130 Transfer of premises to trustees

(1) Where grant under section 53(2) of this Act or capital grant is paid to the governing body of a grant-maintained school established in pursuance of proposals published under section 49 of this Act in respect of the provision of a site for the school or of school buildings, a requirement shall be imposed under section 53 or, as the case may be, Chapter VI for the purpose of securing that the site or buildings in question are held on trust by trustees of the school.

(2) Where buildings are to be provided for any grant-maintained school which are to--

(a) form part of the school premises, and

(b) be constructed partly on land held by the governing body and partly on land held on trust for the purposes of the school by persons other than the governing body,

the governing body shall transfer to those persons the land held by the governing body on which the buildings are to be constructed; and section 68(7)(b) of this Act does not apply to a transfer required by this subsection.

(3) In this section "site" does not include playing fields.

131 Disposal of premises on transfer of school to new site

(1) Where--

(a) the funding authority pay capital grant in respect of a transfer of a grant-maintained school to a new site authorised under Chapter VII, and

(b) the governing body or any trustees of the school possess, or are or may become entitled to, a sum representing the proceeds of disposal of other premises which have been used for the purposes of the school,

the governing body or (as the case may be) the trustees or their successors shall pay to the Secretary of State the whole of that sum, if it is equal to or less than the amount of the capital grant, and otherwise so much of it as is required to repay that amount.

(2) Any sum paid under subsection (1) above shall, in a case where any interest in the new site has vested in any trustees of the school, be treated for the purposes of section 14 of the [1841 c. 38.] Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school.

(3) Where trustees of a grant-maintained school are required to pay any sum to the Secretary of State under subsection (1) above in a case where any interest in the new site is or is to be held by the governing body, then--

(a) if the interest or, as the case may be, all the interests held by any persons for the purposes of the school in the previous site were freehold interests held by the trustees, the governing body shall transfer their interest in the new site to the trustees, and

(b) if in any other case the trustees held any interest in the previous site, the governing body shall if directed to do so by the Secretary of State transfer to the trustees their interest in the whole of the new site or such part of it as may be specified in the direction.

(4) Where trustees of a grant-maintained school are required to pay any sum to the Secretary of State under subsection (1) above in a case in which they may also be required to pay any sum to a local education authority under paragraph 8 of the First Schedule to the [1946 c. 50.] Education Act 1946 in respect of the disposal of the same premises, that paragraph shall have effect as if--

(a) in relation to that disposal, the reference to the purchase money paid in respect of the acquisition of the premises were a reference to so much of the amount of that purchase money as remains after deducting the amount of the payment under subsection (1) above, and

(b) any premises transferred to the trustees in pursuance of subsection (3) above were premises conveyed by the authority as mentioned in that paragraph.

(5) In subsection (3)(a) above "site" does not include playing fields.

132 Disposal of premises transferred under section 38

(1) This section applies where the governing body of a grant-maintained school apply to the Secretary of State for his consent to the disposal of--

(a) any premises transferred to the governing body under section 38(1)(a) of this Act, or

(b) any premises acquired wholly or partly with the proceeds of the disposal of any premises so transferred or of any premises so acquired.

(2) Subject to subsection (3) below, the Secretary of State may--

(a) require the premises or any part of the premises to be transferred to such local authority as the Secretary of State may specify, subject to the payment by that authority of such sum by way of consideration (if any) as he determines to be appropriate, or

(b) where he does not impose a requirement under paragraph (a) above, require the governing body when the premises are disposed of to pay to such local authority as the Secretary of State may specify the whole or any part of the proceeds of disposal.

(3) Where the occasion of the disposal is a transfer of the school to a new site in respect of which the funding authority have paid capital grant--

(a) no requirement shall be imposed under subsection (2)(a) above, and

(b) the reference in subsection (2)(b) above to the proceeds of disposal shall be read as a reference to such part (if any) of those proceeds as remains after repayment of the amount of that capital grant in accordance with section 131 of this Act.

133 Disposal of premises held by trustees

(1) This section applies where any premises--

(a) transferred to the governing body of a grant-maintained school under section 38(1)(a) of this Act, or

(b) acquired by such a governing body wholly or partly with the proceeds of the disposal of any premises so transferred or of any premises so acquired,

have been transferred by them to be held on trust by the trustees of the school.

(2) If at any time the trustees dispose of the premises the Secretary of State may require them to pay to such local authority as he may specify the whole or any part of the proceeds of the disposal.

134 Disposal of premises provided, etc. by the funding authority

(1) Where the governing body of a grant-maintained school apply to the Secretary of State for his consent to the disposal of--

(a) any premises provided by the funding authority, or

(b) any premises acquired wholly or partly with the proceeds of the disposal of any premises so provided or of any premises so acquired,

the Secretary of State may require the governing body when the premises are disposed of to pay to him or to the funding authority the whole or any part of the proceeds of disposal.

(2) Where--

(a) any premises falling within subsection (1)(a) or (b) above are transferred by the governing body to be held on trust by the trustees of the school, or

(b) any premises in respect of which capital grant was paid are transferred by the governing body (otherwise than in pursuance of a requirement imposed in accordance with section 130 of this Act or in pursuance of section 131(3) of this Act) to be held on trust by the trustees of the school,

then, if at any time the trustees dispose of the premises, the Secretary of State may require them to pay to him or to the funding authority the whole or any part of the proceeds of the disposal.

135 Interpretation of sections 130 to 134

(1) For the purposes of sections 131 and 132 of this Act, the funding authority are to be regarded as paying capital grant in respect of the transfer of a school to a new site if they pay capital grant in respect of the acquisition of the new site or the provision on that site of the school buildings or of any other buildings forming part of the new school premises.

(2) In sections 130 to 134 of this Act "trustees of the school" means any person (other than the governing body) holding property on trust for the purposes of the school.

(3) For the purposes of sections 131 to 134 of this Act--

(a) a governing body or trustees are to be regarded as disposing of any premises if those premises are acquired from them, whether compulsorily or otherwise, and

(b) "proceeds of disposal", in relation to a disposal of premises by a governing body or trustees, means the compensation or purchase money paid in respect of the acquisition from them of those premises.

(4) In subsection (3) above--

(a) references to the acquisition of premises from a governing body or trustees include, in the case of any premises held under a tenancy to which Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 ("the 1954 Act") applies, the termination of that tenancy under that Part of that Act, and

(b) the reference to the purchase money paid in respect of such an acquisition includes any compensation paid by the landlord on the quitting of any such premises by the governing body or trustees (whether or not the compensation is required to be paid by section 37 of that Act (compensation where order for new tenancy precluded on certain grounds)).

(5) In subsection (4) above, expressions to which a meaning is given for the purposes of the 1954 Act have the same meaning as in that Act.

Modification of instruments

136 Variation of trust deeds etc. by order

(1) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body of the school and the trustees (if any), appear to him to be requisite--

(a) in consequence of the approval of proposals for acquisition of grant-maintained status for the school,

(b) for removing any inconsistency between the provisions of that trust deed or other instrument and any provisions included or proposed to be included in any instrument or articles of government made for the school under Chapter V, or any scheme under section 69 of this Act, which it appears to him to be expedient to remove in the interests of the school, or

(c) in consequence of any proposals as to a change in the character or an enlargement of the premises of the school or a transfer of the school to a new site which fall to be implemented under section 100 of this Act.

(2) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to an independent school where proposals have been approved for the establishment of a grant-maintained school in its place as, after consultation with the promoters and the trustees (if any), appear to him to be requisite--

(a) in consequence of the approval of the proposals, or

(b) for removing any inconsistency between the provisions of that trust deed or other instrument and any provisions included or proposed to be included in any instrument or articles of government made for the grant-maintained school under Chapter V which it appears to him to be expedient to remove in the interests of the school.

(3) Any modification made by an order under this section may be made to have permanent effect or to have effect for such period as may be specified in the order.

137 Modification of instruments relating to land held for purposes of voluntary schools

Any provision of an instrument relating to any land held for the purposes of a voluntary school which--

(a) confers on any person an option to acquire an interest in that land, or

(b) provides (in whatever terms) for the determination or forfeiture of any such interest,

in the event of the school's ceasing to be a voluntary school or (as the case may be) ceasing to be maintained by a specified local education authority shall, if the school becomes a grant-maintained school, have effect as if the event referred to were the school's ceasing to be a school which is either a grant-maintained school or a voluntary school.

Religious education, worship etc.: classes of grant-maintained school

138 Former county schools and certain schools established as grant-maintained schools

(1) Subject to section 141 of this Act, this section applies in relation to a grant-maintained school if--

(a) it was a county school immediately before it became grant-maintained,

(b) it was established in pursuance of proposals published under section 48 of this Act, or

(c) it was established in pursuance of proposals published under section 49 of this Act and neither any trust deed relating to the school nor the statement required by paragraph 8 of Schedule 3 to this Act makes provision as to the religious education for pupils at the school.

(2) Subject to the following provisions of this section, in the case of a school to which this section applies the collective worship required in the school by section 6 of the [1988 c. 40.] Education Reform Act 1988 (collective worship) shall be wholly or mainly of a broadly Christian character.

(3) For the purposes of subsection (2) above, collective worship is of a broadly Christian character if it reflects the broad traditions of Christian belief without being distinctive of any particular Christian denomination.

(4) Every act of collective worship required by section 6 of that Act in the case of a school to which this section applies need not comply with subsection (2) above provided that, taking any school term as a whole, most such acts which take place in the school do comply with that subsection.

(5) Subject to subsections (2) and (4) above--

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