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Many school trust deeds stipulate that the school should be in Union with the National Society, and often this is the only express provision in the trust deed that requires the school to be conducted as a Church of England or Church in Wales school. Other schools adopted the Terms of Union by endorsement on their trust deed in order to obtain grants from the Society.
They can therefore be seen as a statement of the essential characteristics of a Church of England or Church in Wales school.
The 1812 Terms of Union required children to be given instruction in the liturgy and catechism of the Church, that the children “do constantly attend Divine Service” on Sundays and that only tracts in the SPCK catalogue be admitted into the School. The 1839 Terms required the superintendence of the religious instruction by the Parochial Clergyman, that the children be regularly assembled for the purpose of attending Divine Service, that the masters and mistresses be members of the Church of England and that the school be periodically inspected by person appointed by the Bishop, the Society or the Diocesan Board of Education.
The most recent revision of the Terms of Union appears to have taken place twelve or thirteen years ago.
At its March 2005 meeting, the National Society Council agreed to reconsider the Terms of Union in the light of a diocesan request for an interpretation of what ‘in union with the National Society’ was currently understood to mean, and in view of the need to maintain the Terms of Union in line with changing legislation.
The draft of new Terms of Union, attached as Annex A, was prepared by the Society’s legal adviser Nick Richens, and revised by him following the Council’s consideration of the draft at its meeting on 19 May 2005. The current Terms of Union are also attached for the purposes of comparison.
The Council has asked for an extensive consultation on the new draft Terms of Union.
Responses to the consultation, including any proposed amendments, in each case with the reason for the proposed change, should be made to me at the latest by close of play on Friday 30 September 2005.
Canon John Hall
Chief Education Officer and General Secretary
Education Division and National Society
19 May 2005
email: john.hall@c-of-e.org.uk
References in these Terms of Union to “the Church” are to the Church of England in respect of schools situated in the Provinces of Canterbury or York and to the Church in Wales in respect of schools situated in the Province of Wales.
The governing body and the trustees of the school must ensure that the school is designated by the Secretary of State under section 69 of the School Standards and Framework Act 1998 (or any successor legislation) as having a religious character that is Church of England or (if the school is situated in the Province of Wales) Church in Wales
The instrument of government of the school should describe its ethos in the manner set out below or in words to the same effect:
Recognising its historic foundation, the school will preserve and develop its religious character in accordance with the principles of the Church at parish and diocesan level. The school aims to serve its community by providing education of the highest quality within the context of Christian belief and practice. It encourages an understanding of the meaning and significance of faith and promotes Christian values through the experience it offers all its pupils
The governing body should ensure that the school is led by a headteacher who is committed, with the help of staff, to preserve and develop the Christian character of the school in its day to day activities and in the curriculum
If the school is a voluntary aided school the governing body should endeavour to ensure that the staff of the school include teachers who are practising members of the Church or of Christian religious denominations with which the Church enjoys good relations and ecumenical co-operation
The governing body should offer a school life that incorporates the values of the Christian faith
The governing body should ensure that all pupils each day engage meaningfully in a real act of Christian worship which is in accordance with the faith and practice of the Church
The headteacher and the governing body should ensure that religious education is given at least five per cent of curriculum time and that such religious education is consistent with the faith and practice of the Church
The school should observe the major Christian festivals and, where those of other faiths are present in the school, ensure that they are able and encouraged to mark their major festivals with integrity
The school should maintain and develop an active and affirming relationship with the parish church of the parish in which the school is situated or a parish church of one of the parishes which the school serves
The school should proclaim that it is a Church school on its external signboard and on its stationery and make appropriate use of Christian symbols inside and outside the school
The National Society may from time to time make a grant to the Trustees for the School to be applied by them for the purposes of the School and such grant may be made and received by the Trustees on condition that if the school premises or part thereof shall cease to be used for the purposes of a Church of England maintained school the grant or part thereof shall subject to any direction or determination of the Secretary of State for Education and Science under the Education Acts be repaid to the Society on demand as the Society in its absolute discretion may require.
The daily act of collective worship required by law in the School shall be consistent with the faith and practice of the Church of England and the basic curriculum required by law in the school shall include religious education consistent with the faith and practice of the Church of England.
Use should be made, within the provisions of the Education Acts for the time being in force, of the Parish Church or other Church of England place of worship, both for occasional acts of collective worship and for religious education.
(a) Consistent with the primary duty to appoint good teachers, the Governing Body of the School shall endeavour to appoint practising members of the Church of England or practising members of Christian religious denominations with which the Church of England enjoys good relationships and ecumenical co-operation.
(b) The contract between the Governing Body and a teacher shall as far as circumstances permit be to the model form from time to time issued by the Society.
The School will welcome periodic visits from persons representing the Society.
If any consultative matter affecting the School shall arise or be in the contemplation of the Governing Body full information shall be given to the Society by the Governing Body or the Trustees as soon as possible and before any commitment is entered into. And when any such consultative matter has been concluded the Society shall be similarly informed. In this clause "consultative matter" means any matter on which the Governing Body is required to obtain the advice of the Diocesan Board of Education under the Diocesan Board of Education Measure 1991 (or any Measure amending or replacing the same) that is to say any application to or entering into any agreement or arrangement with any body or person for or in connection with the discontinuance of the school, any change in the status, size or character of the school, any disposal (whether by sale or otherwise) of the premises of the school or any part thereof, or any amalgamation of that school with any other school.
If the School is a School in Wales then for "Church of England" read "Church in Wales". Furthermore the sixth term of union shall operate so as to impose an obligation on the Trustees and Governing Body to inform the Society whenever that obligation would be imposed if the School were a School in England.
In the event of the School ceasing to be a Church of England maintained school then the School shall cease to be in union with the Society.
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