The Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Change of Category of Maintained) (England) Regulations 2000 (No 2195) (“the Principal Regulations”) to provide for alternative procedures for the determination of proposals for certain community or voluntary schools to change category to foundation.

Regulations 3 and 4 and 6 make minor amendments to the Principal Regulations in connection with the amendments made in regulation 5.

Regulation 5 amends regulation 4 of the Principal Regulations so as to provide that where a governing body propose that either a community secondary or a voluntary controlled secondary school should become a foundation secondary school, sections 28(3), 28(5), 28(6) and 28(8) of and Part 1 of Schedule 6 to the School Standards and Framework Act 1998 (the “Act”) as modified in the new Schedule 2A (see below) shall apply, except where sections 15, 17 of and section 51 of and Schedule 15 to the Act (all of which deal primarily with failing schools) apply to a school.

Regulation 7 inserts a new Schedule 2A to the Principal Regulations which will apply in accordance with the changes made to regulation 4 of the Principal Regulations and makes modifications to sections 28(3), 28(5), 28(6) and 28(8) of and Part 1 of Schedule 6 to the Act.

Regulation 8 makes minor amendments to Schedule 6 to the Principal Regulations in consequence of the amendments made in regulation 5. It also amends paragraphs 8 and 10 of Schedule 6 in order to make these paragraphs consistent with other transfer of land provisions of Schedule 6.

Regulation 9 sets out the transitional provisions in relation to these Regulations.

Regulation 10 revokes regulation 20(3) of the Principal Regulations which is no longer needed.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the cost of business.