Part 4: Miscellaneous and General 16 to 19 Academies: designation as having a religious character Section 31: 16 to 19 Academy: designation as having a religious character
This section inserts new sections 8A and 8B into the Academies Act 2010.
	For new inserted section 8A, "Designation of a 16 to 19 academy as having a religious character":
Subsection (1) allows the Secretary of State to designate by order a 16 to 19 academy as having a religious character.
Subsection (2) sets out that the Secretary of State may only designate the academy where the academy proprietor meets the requirements set out in section 12(2) of the Academies Act 2010.
Subsection (3) requires that the order designating a 16-19 academy with a religious character specifies the religion or religious denomination with which the academy is to be designated.
Subsection (4) provides for the Secretary of State to make regulations which set out the procedure to be followed in designating 16-19 academies with a religious character and specifying the religious denomination.
Subsection (5) states that an order designating a 16 to 19 academy as having a religious character under this section is to be made by a statutory instrument which is not subject to parliamentary procedure.
	For new inserted section 8B, "Constitution of Academy proprietor, collective worship and religious education":
Subsection (1) makes clear that the articles of association for a 16-19 academy designated as having a religious character must enable a majority of directors of the academy proprietor to be appointed for the purposes of securing the designated religious character of the institution and, where a trust deed is in place, ensuring that the academy follows it.
Subsection (2) provides for the academy proprietor to conduct the 16-19 academy designated as having a religious character in a way which reflects the specified religion or religious denomination and in accordance with a relevant trust deed.
Subsections (3) and (4) require an academy proprietor running a 16-19 academy designated with a religious character to ensure it provides at least one open act of collective worship a week which pupils attending the academy are free to attend. This act of collective worship must follow the practices of the specified religion or religious denomination and comply with any relevant trust deed.
Subsections (5) and (6) require the academy proprietor running a 16-19 academy designated with a religious character to ensure that it provides religious education for all pupils who wish to receive it at a time or times which are convenient for a majority of full-time pupils to attend.
Subsection (7) sets out that the religious education provided can take the form of a course of lectures or classes or single lectures or classes occurring regularly. They may also include courses or study which leads to an examination or a qualification.
Subsection (8) sets out that the religious education provided must reflect the requirements of any trust deed and not be contrary to the traditions of the specified religion or religious denomination.
Subsection (9) makes clear that the references to pupil in this section means a person receiving education at the 16-19 academy. It also sets out that references to "trust deed" including any document (other than the articles of association) which regulates the constitution, maintenance, management or conduct of the academy.