EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations prescribe various matters relating to prescribed alterations to maintained schools pursuant to provisions contained in Part 2 of the Education and Inspections Act 2006.
Regulation 3 with Schedule 1 provides that governing bodies of maintained schools can publish and determine their own ‘foundation proposals’ with rights of referral to the adjudicator in certain circumstances. Foundation proposals are defined in regulation 3 as a change of category from a community school, voluntary controlled or voluntary aided school to a foundation school, or from a community special school to a foundation special school; and for foundation and foundation special schools only the acquisition of a foundation, and a change in the instrument of government so as the majority of governors may be foundation governors (“a relevant change”).
Regulation 4 with Schedule 2 prescribes other alterations capable of being published by the governing body of a maintained school. Part 1 of Schedule 3 provides for the information that must be provided in relation to these proposals. Part 2 of Schedule 3 outlines the procedure to be followed for publication, determination and implementation. Part 2 provides that these governing body proposals are determined by the local education authority, with rights of referral to the adjudicator for prescribed persons after this initial determination.
Regulation 5 with Schedule 4 prescribes the alterations capable of being published by a local education authority to maintained schools. Part 1 designates the alterations which may be made in respect of community schools; Part 2 in respect of community special schools. Part 3 in respect of maintained nursery schools; Part 4 in respect of foundation and voluntary schools; and Part 5 in respect of foundation special schools.
Part 1 of Schedule 5 provides for the information to be provided in relation to proposals published by a local education authority. Part 2 of Schedule 5 outlines the procedures to be followed for publication, determination and implementation of the proposals. It provides that these proposals are determined by the local education authority, with rights of referral to the adjudicator for prescribed persons after this initial determination.
Regulation 6 outlines the transitional provisions.
Regulation 7 and Schedule 6 provide for land transfers when a school changes category.