My Lords, the amendments in this group primarily relate to schools with a religious character, along with an amendment regarding religion and worldview education for academy schools without a religious character. I will speak to the amendments regarding schools with a religious character first.
I thank the right reverend Prelates the Bishops of Durham and Chichester for their support in Committee. We have listened to the concerns and suggestions raised by them and other noble Lords on schools with
a religious character. These amendments adopt similar principles to the amendments proposed by the right reverend Prelate the Bishop of Durham in Committee.
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I turn first to Amendment 26 and to Amendments 27, 28 and 29, which are consequential to it. The Government heard the concerns raised about the contrast between the requirement to make regulations in Clause 19 and the power to make regulations in Clause 20. Amendment 26 would create a legal requirement on the Secretary of State to make regulations under Clause 20, just like in Clause 19. In making regulations under this power, the Government will also hold a consultation with religious bodies, and other interested parties, to inform the content of the final regulations. I hope that these amendments provide reassurance to noble Lords that the governance of all schools with a religious character will be appropriately safeguarded.
Amendments 39 and 35 relate to academy orders, which is where certain bodies may apply to the Secretary of State to convert maintained schools into academies. Amendment 39 would add a new section to the Academies Act 2010 which creates an additional circumstance in which an application for an academy order may be made to the Secretary of State. This amendment gives a power for key bodies involved in the governance of maintained schools with a religious character, such as dioceses and other religious bodies, to apply for an academy order for some or all of their maintained schools. The Church and religious bodies are our partners in education, and we intend for this amendment to help dioceses and other religious bodies manage conversion of their maintained schools in a strategic way, ensuring none is left behind and all can experience the benefits of being in a strong trust. This includes the high number of small schools, often in rural communities, many of which are schools with a religious character.
It may be helpful to give noble Lords more detail on the scope of bodies who will be able to apply for an academy order under this amendment. We are extending the power to apply for an academy order further than just the “appropriate religious body”. This is because, in a limited number of schools, the key body who is best placed to apply for an academy order on behalf of several schools with a religious character may not be the appropriate religious body. Instead, it is either the trustees of the school or the persons who appoint foundation governors. By ensuring that these three categories of body can apply for an academy order for their schools with a religious designation, we ensure that the power works for all faiths and all schools with a religious character.
Amendments 36, 40, and 61 are associated amendments. Broadly, they are consequential amendments which ensure that the two powers to apply for academy orders would work with existing provisions regarding academy orders in the Academies Act 2010.
Amendment 35 adds the “appropriate religious body” to the list of bodies or persons that must consent to a local authority’s application for an academy order for a maintained school in its area that is designated with a religious character. The amendment requires a local authority that is intending to apply for an academy
order for a maintained school with a religious character to obtain the consent of the appropriate religious body before submitting an application relating to that school to the Secretary of State. The amendment recognises the existing non-statutory requirement for religious bodies to provide their consent before any of their designated maintained schools can become academies. The amendment ensures that the requirement is properly reflected in Clause 29.
I note that Amendment 30 is tabled in the name of the noble Baroness, Lady Meacher, and will respond to it in my closing speech so I can hear the arguments that she puts forth first. For now, I beg to move.