The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005

Amendment of the Principal Regulations

7.  After Schedule 2, there shall be inserted the following Schedules—

Regulation 4(3)

““SCHEDULE 2A PROVISIONS OF SECTION 28 OF, AND SCHEDULE 6 TO THE ACT HAVING EFFECT IN RELATION TO PROPOSALS MENTIONED IN REGULATION 4(3)

The subsections of section 28 of, and the paragraphs in Part 1 of Schedule 6 to, the Act specified in the left hand column of the table below shall have effect in relation to proposals mentioned in regulation 4 with the modifications specified in the right hand column of the table.

Provision	Modification
Section 28(3)	That subsection shall have the effect as if— (a) for “under this section” there were substituted “under paragraph 2 of Schedule 8”; and (b) for sub-paragraphs (a) and (b) and the words “as may be prescribed.” there were substituted— “(a) contain the following information— (i) the name of the school for which the governing body are publishing the proposal; (ii) the proposed implementation date; (iii) the relevant contact name (if any) and address of the school’s governing body to where any objections or comments may be sent and the date by which they should be sent; (iv) a statement that it is proposed to change the category of the school (stating the current category of school) to a foundation school; (v) statement that the school will— (aa) have or continue to have a foundation established otherwise than under this Act and if it will, the identity of that foundation, or (bb) belong or continue to belong to a group of schools for which a foundation body acts and if it does, the identity of that body and the identity of the other schools in the group for which the body performs or will perform the functions set out in section 21(4), or (cc) be a foundation school not falling within either of sub-paragraphs (v)(aa) or (bb) above; (vi) details of any trusts on which the school premises are held or it is proposed will be held or any proposed trusts on which it is proposed the school premises will be held; (vii) details of the body or authority to whom, on the date on which it is proposed that the school change category, it is proposed that land should be transferred in accordance with regulations made under paragraph 5 of Schedule 8; (viii) (aa) the name of any person who is entitled to appoint the foundation governors and, if there is more than one such person, the basis upon which such appointments are made, (bb) details of any foundation governorship to be held ex offico by the holder of a named office, and (cc) the name of any person who is entitled to request the removal of any ex officio foundation governor and to appoint any substitute governor; (ix) where the school is to be a foundation school which has a religious character, a description of the religious ethos of the school; and (b) shall be published— (i) by being posted in a conspicuous place in the area served by the school; (ii) in at least one newspaper circulating in the area served by the school; and (iii) by being posted at or near the main entrance to the school, or if there is more than one main entrance, all of them.”
Section 28(5)	That subsection shall have the effect as if for “under this section” there were substituted “under paragraph 2 of Schedule 8”, and for the words “relevant body or promoters” in each of the places these words occur there were substituted “governing body”.
Section 28(6)	That subsection shall have effect as if the following were substituted— “(6) The governing body shall send at the time of publication a copy of the published proposals to the Secretary of State and to the local education authority.”
Section 28(8)	That subsection shall have effect as if the following were substituted— “(8) Schedule 6 as modified shall have effect in relation to the procedure for dealing with proposals under paragraph 2 of Schedule 8.”
Schedule 6 Paragraph 1	That paragraph shall have effect as if— (a) in sub-paragraph (1) for “section 28, 29 or 31” there were substituted “paragraph 2 of Schedule 8” and the words “or proposed school” were omitted; and (b) sub-paragraph (2) were omitted.
Schedule 6 Paragraph 2	That paragraph shall have effect as if— (a) in sub-paragraph (1) for “section 28, 29 or 31” there were substituted “paragraph 2 of Schedule 8”; (b) for sub-paragraph (2) there were substituted— “(2) Any objections or comments made under this paragraph shall be sent to the name (if any) and address of the governing body given in the notice published under section 28(3) within 4 weeks from the date of the publication of the proposals.” (c) sub-paragraph (3) were omitted.
Schedule 6 Paragraph 4	That paragraph shall have effect as if— (a) in the heading, for “LEA” there were substituted “governing body”. (b) for sub-paragraph (1) there were substituted— “(1) Where any proposals have been published by a governing body under paragraph 2 of Schedule 8 then (subject to sub- paragraph (2)) that governing body shall after considering all objections and comments which are received on or before the period referred to in paragraph 2(2), determine whether the proposals shall be implemented.” (c) for sub-paragraph (2) there were substituted— “(2) Any determination under sub-paragraph (1) must be made within the period of six months beginning with the date of publication of the proposals, and the governing body shall notify the Secretary of State and the local education authority of any determination made by them under sub-paragraph (1).” (d) sub-paragraphs (3), (4), (4A) and (5) were omitted.
Schedule 6 Paragraph 5	That paragraph shall have effect as if it were omitted and the following were substituted— “5.— (1) Where the governing body have determined under paragraph 4 to implement any proposals published under paragraph 2 of Schedule 8, then (subject to sub-paragraph (2)), the proposals shall be implemented, in the form in which they were so determined in accordance with regulations made under paragraph 5 of Schedule 8. (2) The governing body may modify the implementation date in respect of the proposals after consulting the relevant local education authority.“””