SCHEDULES
SCHEDULE 22Statutory provisions
Educational appointments, etc: religious belief
I13
1
A person does not contravene Part 5 (work) only by doing a relevant act in connection with the employment of another in a relevant position.
2
A relevant position is—
a
the head teacher or principal of an educational establishment;
b
the head, a fellow or other member of the academic staff of a college, or institution in the nature of a college, in a university;
c
a professorship of a university which is a canon professorship or one to which a canonry is annexed.
3
A relevant act is anything it is necessary to do to comply with—
a
a requirement of an instrument relating to the establishment that the head teacher or principal must be a member of a particular religious order;
b
a requirement of an instrument relating to the college or institution that the holder of the position must be a woman;
c
an Act or instrument in accordance with which the professorship is a canon professorship or one to which a canonry is annexed.
4
Sub-paragraph (3)(b) does not apply to an instrument taking effect on or after 16 January 1990 (the day on which section 5(3) of the Employment Act 1989 came into force).
5
A Minister of the Crown may by order provide that anything in sub-paragraphs (1) to (3) does not have effect in relation to—
a
a specified educational establishment or university;
b
a specified description of educational establishments.
6
An educational establishment is—
a
a school within the meaning of the Education Act 1996 or the Education (Scotland) Act 1980;
b
a college, or institution in the nature of a college, in a university;
c
an institution designated by order made, or having effect as if made, under section 129 of the Education Reform Act 1988;
F2ca
a registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017;
d
a college of further education within the meaning of section 36 of the Further and Higher Education (Scotland) Act 1992;
e
a university in Scotland;
f
an institution designated by order under section 28 of the Further and Higher Education Act 1992 or section 44 of the Further and Higher Education (Scotland) Act 1992.
7
This paragraph does not affect paragraph 2 of Schedule 9.
I24
A person does not contravene this Act only by doing anything which is permitted for the purposes of—
a
section 58(6) or (7) of the School Standards and Framework Act 1998 (dismissal of teachers because of failure to give religious education efficiently);
b
section 60(4) and (5) of that Act (religious considerations relating to certain appointments);
c
section 124A of that Act (preference for certain teachers at independent schools of a religious character).
F1d
section 124AA(5) to (7) of that Act (religious considerations relating to certain teachers at Academies with religious character).