- Latest available (Revised)
- Point in Time (27/06/2016)
- Original (As enacted)
Point in time view as at 27/06/2016.
Education and Inspections Act 2006, Cross Heading: Removal of foundation or reduction in foundation governors is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies to any foundation or foundation special school having a foundation if either or both of the following conditions is met.
(2)Condition A is that the school was established (whether or not as a foundation or foundation special school) in pursuance of proposals falling to be implemented under Schedule 2.
(3)Condition B is that the school acquired its foundation in pursuance of proposals falling to be implemented under regulations under section 24.
(4)The governing body of any foundation or foundation special school to which this section applies may at any time publish proposals under this section for either or both of the following alterations to the school—
(a)the removal of the foundation, or
(b)the alteration of the instrument of government in such a way that foundation governors will cease to constitute the majority of governors.
(5)A prescribed proportion of the governors of a foundation or foundation special school to which this section applies may in the prescribed manner require the governing body of the school to publish proposals under this section for either or both of the alterations mentioned in subsection (4).
(6)Subsection (5) does not require the governing body of a foundation or foundation special school to publish proposals under this section—
(a)at any time within a prescribed period beginning with the date on which—
(i)proposals for the establishment of the school were implemented under Schedule 2, or
(ii)proposals for the acquisition of a foundation, for a relevant change in the instrument of government or for a change of category to foundation school or foundation special school were implemented under regulations under section 24, or
(b)at any time within a prescribed period beginning with the date on which previous proposals published under this section in pursuance of a requirement under subsection (5) were rejected by the governing body in accordance with regulations under section 26.
(7)In subsection (6)(a)(ii) “relevant change”, in relation to the instrument of government of a school, is to be read in accordance with section 22(2).
(8)In this section “foundation” means a foundation established otherwise than under SSFA 1998.
Commencement Information
I1S. 25(1)-(4) (8) in force at 25.5.2007 by S.I. 2007/935, art. 7(e)
I2S. 25(5)-(7) in force at 1.4.2007 by S.I. 2007/935, art. 5(d)
(1)Regulations may make provision about the publication and determination of proposals under section 25.
(2)The provision that may be made includes provision—
(a)about the information to be included in, or provided in relation to, the proposals;
(b)about consultation on the proposals;
(c)about the manner in which proposals are to be published under section 25;
(d)for the making of objections to or comments on the proposals;
(e)for the withdrawal of proposals in prescribed cases;
(f)for the consideration of the proposals by the governing body;
(g)enabling the governing body to approve or reject the proposals;
(h)enabling the governing body to reject any proposals published in pursuance of a requirement under section 25(5) (“required proposals”) only by a decision made with the support of a prescribed proportion of the governors;
(i)for the approval of required proposals given in the prescribed manner by a prescribed proportion of the governors to be treated as approval by the governing body;
(j)for the approval of proposals either without modifications or in prescribed cases with modifications of a prescribed kind;
(k)as to the manner in which, and time within which, anything authorised or required by the regulations must be done.
(3)Regulations under this section may in prescribed cases—
(a)require the governing body to ensure that matters relating to—
(i)any transfer which may be required by virtue of subsection (2)(b) of section 27, or
(ii)any payment which might be required by virtue of subsection (4) or (5) of that section,
are agreed or determined before the proposals are published, and
(b)enable or require any such matter to be referred to the adjudicator for determination before the proposals are published.
(4)Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.
Commencement Information
I3S. 26 in force at 1.4.2007 by S.I. 2007/935, art. 5(e)
(1)Regulations may make provision in connection with the implementation of proposals under section 25 which have been approved in accordance with regulations under section 26.
(2)Regulations under this section may, in particular—
(a)make provision for the revision or replacement of the school's instrument of government and the reconstitution of its governing body;
(b)make provision for the transfer of property, rights and liabilities;
(c)make provision about the manner in which, and time within which, anything required or authorised by the regulations must be done.
(3)Regulations made by virtue of subsection (2)(b) may make provision about any of the matters mentioned in section 24(5)(a) to (i).
(4)Where—
(a)any land forming part of the school premises (“the excluded land”) is not transferred to the governing body, and
(b)the governing body, a [F1local authority] or a prescribed person has incurred capital expenditure in relation to the excluded land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the excluded land,
regulations under this section may authorise or require the foundation to pay any part of the value of the excluded land to the governing body, the [F1local authority] or a prescribed person.
(5)Where—
(a)any land forming part of the school premises (“the transferred land”) is transferred to the governing body, and
(b)the foundation has incurred capital expenditure in relation to the transferred land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the transferred land,
regulations under this section may authorise or require the governing body to pay any part of the value of the transferred land to the foundation.
(6)Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.
(7)The implementation of proposals under section 25 is not to be taken as authorising any change in the religious character of the school or the loss of religious character.
(8)In this section “foundation” means a foundation established otherwise than under SSFA 1998.
Textual Amendments
F1Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)
Commencement Information
I4S. 27(1)-(6) (8) in force at 1.4.2007 by S.I. 2007/935, art. 5(f)
I5S. 27(7) in force at 25.5.2007 by S.I. 2007/935, art. 7(f)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: