Part 2Establishment, discontinuance or alteration of schools

Alterations to schools

I120Restriction on power of governing body to publish foundation proposals

1

The governing body of a school specified in the first column of the Table below may not publish proposals under section 19 for a prescribed alteration of a kind specified in the second column, except with the consent of—

a

the trustees of the school, and

b

the person or persons by whom the foundation governors are appointed.

TABLE

School

Prescribed alteration

1. A foundation school which, immediately before the commencement date, was a foundation school having a foundation.

A relevant change in the instrument of government.

2. A voluntary school.

A change of category from voluntary controlled school or voluntary aided school to foundation school.

3. A foundation school which, having been a voluntary school immediately before the commencement date, changed category to foundation school on or after that date.

A relevant change in the instrument of government.

2

For the purposes of this section, a “relevant change” in the instrument of government of a school is a change which results in the majority of governors being foundation governors.

3

In this section—

  • “the commencement date” means the day on which this Part comes into force, otherwise than merely for the purpose of enabling orders or regulations to be made;

  • “prescribed alteration”, in relation to a maintained school, means an alteration prescribed under section 18.