Commentary Schedule 4: Disposals and changes of use of land Section 37: Staff at foundation or voluntary schools with religious character
179.Subsection (1) amends section 58 of the 1998 Act to enable head teachers at foundation and voluntary controlled schools with religious character to be 'reserved teachers', that is teachers who are appointed specifically to teach religious education in accordance with the tenets of the school’s designated religion.
180.Subsection (2) amends section 60 of the 1998 Act. Paragraph (a) makes amendments consequential on the amendment to section 58 made by subsection (1). Paragraph (b) excludes the application to England of section 60(6) of that Act, which prevents a voluntary aided school with a religious character from applying religious criteria in connection with the employment of members of staff other than teachers. The appointment of these members of staff will however be subject to the provisions of the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660). Those regulations will have the effect of preventing the governing body from discriminating on religious grounds in the appointment of non-teaching staff, except in a case where being of a particular religion or religious denomination is a genuine occupational requirement.