I thank the right reverend Prelate the Bishop of Chichester for moving this amendment. As he said, the amendment would require the Secretary of State to make regulations under Clause 20, rather than providing the Secretary of State with a power to make regulations.
The Government entirely appreciate that the governance protections in Clause 20 are incredibly important to the Church of England and all other religious denominations. They will provide reassurance to local authority-maintained schools with a religious character that their religious character, which is maintained and developed through their governance arrangements, will continue to be protected once they become academies.
To explain why the current wording in Clause 20 is appropriate, it is useful to compare the clause with Clause 19, as there are some differences. Clause 19 relates to a very specific point regarding members and directors in certain academy trusts. The exact provision that is to be set out in the regulations is stated in the clause. It is therefore appropriate for this clause to provide that the Secretary of State must make these regulations.
In contrast, the regulation-making power in Clause 20 is much wider and the extent to which it is used will be finalised only after consultation. Clause 20 applies to all academy trusts which contain academies with a religious character. It also covers a much wider range of governance matters than the specific point in Clause 19. For example, regulations made under Clause 20 may include who can be appointed into different governance roles and the connection they must have to the relevant religious body. It may also include alterations to the articles of association, the composition of committees and the delegation of responsibilities.
Clause 20 needs to be a power for the Secretary of State to make regulations as the exact scope and content of the regulations will be informed by future
consultation. However, to be clear, the Government do not intend to avoid making regulations under Clause 20. Instead, I assure the right reverend Prelate of our absolute commitment that, after consultation, the Government will make regulations under Clause 20 which apply to all academy trusts with an academy school of any religious character.
The regulations made under Clauses 19 and 20 will make clear the circumstances in which certain governance arrangements must be in place. For example, this could be when a trust must ensure that the majority of directors are appointed by the relevant religious body. However, this does not mean that similar arrangements cannot be used in other circumstances. For example, an academy trust in which fewer than half the academies are former voluntary aided Church of England schools can still adopt articles of association in which the majority of directors are appointed by the relevant religious body.
In addition, as stated in the clause, the Secretary of State will consult before the regulations are first made. This consultation will include appropriate stakeholders, including religious bodies. The right reverend Prelate can be reassured that this means we will continue to work constructively with dioceses and other religious bodies to agree the most appropriate governance arrangements for academy trusts comprising different types of academies with a religious character.
I hope this has provided some confidence to the right reverend Prelate that, after appropriate consultation, regulations under Clause 20 will be made. I hope he is therefore able to withdraw the amendment on behalf of his noble friend.