The Education (Foundation Body) (Wales) Regulations 2001

Winding-up of group foundation bodies

24.—(1) If membership of a group would fall below three as a result of one or more schools leaving or being discontinued then—

(a) the clerk must inform the National Assembly that this is the case;

(b) the notice to leave given by the school or the publication of the proposals to discontinue shall be taken as a notice of dissolution;

(c) the foundation body shall be dissolved on such date as the National Assembly may by order specify;

(d) the governing body of each school in the group (other than a school which is to be discontinued) must apply to the local education authority for their own instrument of government to be modified (so that references to the foundation body can be removed as from the dissolution date);

(e) the governing body of a foundation school must replace foundation governors with partnership governors as from the dissolution date unless by that date they have either applied to join another group or applied, together with the governing bodies of two or more other schools, for the establishment of a foundation body.

(2) The governing body of a voluntary school must publish change of category proposals in accordance with the Change of Category Regulations to become a foundation or community school, if (as the case may be) within 6 months of the date of the notice to leave given by the school or within 6 months of the approval of the proposals to discontinue the school they have not—

(a) formed or joined another group; or

(b) established a foundation, other than a foundation body, which satisfies the National Assembly that it can meet the requirements specified from time to time under paragraph 4(2)(b) of Schedule 8 to the 1998 Act.

(3) At any time after the expiry of the relevant 6 months period referred to in paragraph (2), the National Assembly may require the governing body of a school to publish proposals for the school to change to another specified category.

(4) Subject to paragraph (5), in the case of a school which is not being discontinued, on the dissolution date any land or other property which, immediately before that date, is held by the foundation body for the purposes of the schools in the group and used for the purposes of that school shall be transferred to, and, by virtue of this regulation vest in, the governing body of the school.

(5) Paragraph (4) does not apply in relation to a school where following approval of proposals in accordance with the Change of Category Regulations it becomes, on or before the dissolution date, a school of a different category.