3(1)This paragraph applies to a foundation or foundation special school.E+W
(2)The occupation and use of the premises of the school, both during and outside school hours, shall be under the control of the governing body, subject to—
(a)any transfer of control agreement entered into by the governing body under paragraph 4; and
(b)any requirements of an enactment other than this Act or regulations made under it.
(3)In exercising control of the occupation and use of the premises of the school outside school hours the governing body shall have regard to the desirability of those premises being made available for community use.
(4)Where the school has a trust deed which provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under paragraph 4) the use of those premises is or would be under the control of such a person—
(a)this paragraph, and
(b)paragraph 4,
shall have effect in relation to the school with the substitution of references to that person for references to the governing body.