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(This note is not part of the Regulations)
Section 21 of the School Standards and Framework Act 1998 (“the Act”) defines the different kinds of foundation and voluntary school, and the different kinds of foundation which may exist for the purposes of education legislation.
Section 21(3)(a) defines “foundation” in relation to foundation and voluntary schools, as (i) any body of persons (whether incorporated or not but excluding the governing body) which holds land on trust for the purposes of the school, or (ii) a foundation body. A foundation body (as defined in section 21(4)) is a particular type of foundation established under the Act.
Section 21(3)(b) sets out the situations in which a school “has” a foundation; and section 21(3)(c) defines references to land or other property held on trust, or by trustees, for the purposes of the school.
These Regulations apply section 21(3) to foundation special schools, excluding the references to “foundation bodies”, to enable foundation special schools to have foundations established otherwise than under the Act.
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