Education and Inspections Act 2006

18 Alterations that may be made under section 19

(1) Regulations may prescribe alterations to maintained schools that may be implemented in pursuance of proposals published under section 19.

(2) The prescribed alterations must include any alteration that involves one or more of the following—

(a) in the case of a school falling within any of the categories set out in section 20(1) of SSFA 1998, any change in the category within which the school falls (other than a change prevented by subsection (4)(c) to (f) of this section),

(b) the acquisition by a foundation or foundation special school of a foundation established otherwise than under SSFA 1998, and

(c) in the case of a school whose instrument of government does not provide for a majority of the governing body to be foundation governors, any change in the instrument of government which results in the majority of governors being foundation governors.

(3) The prescribed alterations may include other alterations of any nature (other than those prevented by subsection (4)).

(4) None of the following alterations may be made to a maintained school—

(a) any change in the religious character of the school;

(b) any change whereby the school would acquire or lose a religious character;

(c) any change of category from foundation or voluntary school to community school;

(d) any change of category from foundation special school to community special school;

(e) any change of category from mainstream school to community or foundation special school or from community or foundation special school to mainstream school;

(f) any change from maintained nursery school to any other kind of maintained school, or from any other kind of maintained school to maintained nursery school.

(5) In subsection (4)(e) “mainstream school” means community, foundation or voluntary school.