Part 2Establishment, discontinuance or alteration of schools
Alterations to schools
I124Proposals under section 19: implementation
1
Regulations may make provision in connection with the implementation of—
a
proposals under section 19 which have been approved in accordance with regulations under section 21, or
b
proposals under section 19 in respect of which approval in accordance with those regulations is not required, and which the person making the proposals has determined to implement.
2
Regulations under this section may, in particular—
a
enable a prescribed person to determine in prescribed cases that proposals are not to be implemented or are to be implemented with modifications,
b
enable prescribed matters relating to the implementation of proposals to be referred to the adjudicator in prescribed cases, and
c
make provision about the manner in which, and time within which, anything required or authorised by the regulations must be done.
3
Regulations under this section relating to an alteration falling within subsection (2)(a), (b) or (c) of section 18 may include provision with respect to—
a
the revision or replacement of the school's instrument of government and the reconstitution of its governing body,
b
the transfer of property, rights and liabilities (including such a transfer to or from a foundation body or trustees),
c
the transfer of staff, and
d
any transitional matters.
4
Regulations made under this section by virtue of subsection (3)(b) in relation to an alteration falling within section 18(2)(a) may, in particular, make provision with respect to—
a
restricting the disposal by a local authority of land which is used or held for the purposes of a school in relation to which proposals to change category are, or may be, published under section 19, as from—
i
the date of publication of such proposals, or
ii
such other time as may be prescribed,
b
restricting the taking of action by virtue of which any such land would cease to be so used or held to any extent,
c
the consequences of any contravention of any such restriction as is mentioned in paragraph (a) or (b), and
d
conferring on any prescribed body such functions as may be prescribed with respect to any such contravention.
5
Regulations made under this section by virtue of subsection (3)(b) in relation to an alteration falling within section 18(2)(a) may also make provision with respect to—
a
the division and apportionment of property, rights and liabilities any part of which fall to be transferred by or under the regulations where the property has been used or held, or the rights or liabilities have been acquired or incurred, for the purposes of more than one school or for the purposes of one or more schools and for other purposes,
b
excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer,
c
identifying and defining the property, rights and liabilities which fall to be transferred,
d
requiring prescribed persons to enter into agreements and execute instruments,
e
the resolution of disputes relating to a transfer,
f
the construction of agreements,
g
the position of third parties affected by a transfer,
h
the production or delivery of documents, or the provision of information, by a prescribed person to another prescribed person, and
i
enabling a certificate issued by a prescribed person to be conclusive evidence as to whether or not any property, rights or liabilities were transferred by virtue of the regulations.
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
Regulations under this section may, in particular, make provision corresponding to that made by, or that which may be made by regulations under, any provision of paragraphs 21 to 31 of Schedule 2 (implementation of proposals for establishment or discontinuance).
8
A school's change of category in pursuance of proposals published under section 19 is not to be taken as authorising any change in the religious character of the school, or the acquisition or loss of religious character.
F19
In subsection (4) “local authority” includes a non-metropolitan district council for an area for which there is a county council.