Part II New framework for maintained schools

Chapter I Introductory

The new categories of schools

23 Charitable status of maintained schools, etc.

1

The following shall be charities F1...—

a

the governing body of any foundation, voluntary or foundation special school; and

b

any foundation body established under section 21;

but no governing body of a community or community special school shall be a charity.

F31A

Any body to which subsection (1)(a) or (b) applies is, as a result of its inclusion in Schedule 3 to the Charities Act 2011, an exempt charity for the purposes of that Act.

F22

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3

Any foundation established otherwise than under this Act which has no property other than the premises of any school or schools falling within subsection (1)(a) shall be a charity F4and is an institution which is to be treated for the purposes of section 31(3) of the Charities Act 2011 as if that provision applied to it.

4

In this section—

F5a

“institution” has the same meaning as in the Charities Act 2011;

b

“premises” includes a teacher’s dwelling-house.