Denominational Education (Abolition) (Scotland) Act 2017 1

MODEL
SCOTTISH PARLIAMENT

Denominational Education (Abolition)

(Scotland) Act 2017
2017 asp 11

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 10th
November 2017 and received Royal Assent on 12th November 2017

An Act of the Scottish Parliament to abolish denominational education in the state sector;
and for connected purposes.

1 Repeal of previous legislation

(1) The Education (Scotland) Act 1918 (c. 48) is repealed.
(2) The Universities (Scotland) Act 1932 (c. 26) is repealed, except section 5.
(3) Part IV of the Secularisation Act 2016 (T5 c. 5) is repealed.

2 General provisions
(1) State schools are prohibited from holding an institutional religion or favouring one
religious denomination, or none, over other viewpoints.
(2) State schools may not discriminate appointment on the basis of the applicant's
religious denomination, or lack thereof.
(3) Applicants of any religion may be appointed to positions within the theology
departments of universities.

3 Admission to state schools

(1) Schools within the state sector which currently have an institutional religion will be
reclassified as non-denominational schools.
(2) A Commission for Redrawing Educational Boundaries shall be established, with a
remit as follows
(a) to firstly reform learning communities, based on the proximity of primary
schools to their nearest high school,
(b) to redraw the catchment areas for primary schools, based on proximity to the
school grounds, although local considerations may be taken into account,
(c) the catchment area for high schools shall be determined by the catchment
2 Denominational Education (Abolition) (Scotland) Act 2017

areas of its feeder primary schools, and

(d) to finally allocate responsibility for any learning communities which cross the
boundaries of local authorities to the most suitable local authority, based on
local considerations.
(3) The Commission for Redrawing Educational Boundaries shall be formed of former
heads of Education Departments are local authorities and former members of the
Local Government Boundary Commission at a 50:50 ratio.
(4) The Commission for Redrawing Educational Boundaries must publish its report and
recommendations within one year of this Act receiving Royal Assent, with its
recommendations coming into force at the subsequent cycle of enrolment.
(5) Children will normally attend their local primary school, with the following
exceptions
(a) children with siblings currently enrolled within a learning community may
also attend that learning community, if the child's parents or legal guardians
communicate this desire to the local authority, and
(b) parents or legal guardians may make a placing request for their child(ren) to
attend any school, subject to place availability.
(6) The placing request system is unaffected by this legislation.
(7) The age at which children enter Primary 1 is unaffected by this legislation.
(8) Additional Support Needs schools, and enrolment within them, are unaffected by
this section of this legislation.

4 Religious observance in schools

(1) Schools within the state sector are prohibited from organising group religious
observance.
(2) Topical presentations from religious figures are allowed, but a bias towards any
religion (or non-religious viewpoint) is prohibited.
(3) Parents or legal guardians have the right to withdraw their child(ren) from school in
order to attend recognised religious observations, but
(a) once a child reaches the school leaving age (16), this right passes to the child.
(4) Schools are prohibited from appointing a religious chaplain.
(5) Schools are prohibited from displaying religious symbols, except in an educational
context, but
(a) this clause does not apply to individual students, teachers or other employees
from having personal religious symbols in schools.
(6) Schools shall be required to provide a non-religious place for private prayer and/or
quiet reflection, available for the use of any member of the school community.

5 Religious and moral education in schools

(1) Religious and moral education shall remain an integral part of the Curriculum for
Excellence and, subsequently, Curriculum for Life.
(2) All religious bodies are prohibited from having any control over the content of these
courses.
(3) No religion, or non-religious viewpoint, may be promoted, or focused on more than
Denominational Education (Abolition) (Scotland) Act 2017 3

any other viewpoint.

(4) These courses should be analytical in nature, whilst encouraging students to come to
their own conclusion about moral and philosophical issues.
(5) Students and staff may not prepare for, or take part in, religious ceremonies and/or
services during these lessions, and
(a) religious services and celebrations may be observed from an educational
perspective only.
(6) This shall not affect the content of Religious, Moral and Philosophical Studies
courses offered by the Scottish Qualifications Authority.

6 Staff within schools

(1) Schools within the state sector are prohibited from discriminating between
prospective employees, for any position, on the basis of their religious views, or lack
thereof.
(2) Appointment of staff shall be a matter solely for local authorities and head teachers,
where appropriate.
(3) Staff may not be discriminated within a school within the state sector on the basis of
their religious views, or lack thereof.
(4) Staff may not promote any religious viewpoint or non-religious within schools to
each other, students, or members of the general public.
(5) Staff shall be allowed to withdraw from duties for recognised religious observance.
(6) Staff shall not promote religiously sectarian views within schools, to each other,
students, or members of the general public.

7 Theology faculties in universities

(1) People of any religious denomination, or none, may be appointed to positions within
theology departments of universities.
(2) Theology departments of universities may not discriminate between job applicants
on the basis of their religious denomination, or lack thereof.
(3) This section does not apply to institutions of further education designed to prepare
people to serve in the ministry of a specific denomination or religion, but
(a) these institutions, and their staff, may not promote sectarian or religious
extremist ideology, at any event.
(4) This section does not affect the eligibility of ministers of any denomination from
holding positions witihn theology departments of universities, as long as the
position is not reserved for a specific denomination.

8 Independent schools
(1) This Act does not apply to independent schools, or other educational institutions
outside the state sector.
(2) These institutions, and their staff, however, are prohibited from promoting
religiously sectarian or religious extremist ideology, at any event.
(3) These institutions have a statutory responsibility to make students aware of other
religions', and non-religious, positions on moral and philosophical issues.
4 Denominational Education (Abolition) (Scotland) Act 2017

9 Short title and commencement

(1) The short title of this Act is the Denominational Education (Abolition) (Scotland)
Act 2017.
(2) This Act comes into force on the day after Royal Assent.