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The Change of Category of Maintained Schools (Wales) Regulations 2001
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Restrictions on changing category of school
5.—(1) A school may not change category to become a voluntary aided school unless the governing body of the school satisfy the National Assembly that the governing body (as the governing body of a voluntary aided school) will be able to carry out their obligations under Schedule 3 to the Act for a period of at least five years following the implementation date.
(2) A foundation, voluntary aided or voluntary controlled school may not become a community school and a foundation special school may not become a community special school unless any transfer agreement and transfer of rights and liabilities agreement required by Schedule 4 has been entered into.
(3) A school’s change of category under these Regulations shall not be taken as authorising a school to establish, join or leave a foundation body.
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