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42.—(1) Where—
(a)a governing body of a federation decides that the federation should be dissolved; or
(b)a governing body of a federation decides that one of only two federated schools should leave a federation,
the governing body of a federation must give notice of the fact and the proposed date of dissolution to the persons mentioned in paragraph (2) within 14 days.
(2) The persons to be notified are—
(a)all relevant authorities;
(b)the head teacher of the federation and each head teacher of a federated school;
(c)every member of staff paid to work at the federation or a federated school;
(d)every person known by the governing body to be a parent of a registered pupil at a federated school;
(e)where a federated school is a foundation or voluntary school with a religious foundation, the foundation governors, any trustees of a trust relating to the federated school and, in the case of a Church of England or Roman Catholic Church school, the appropriate diocesan authority, or the appropriate religious body in the case of all other such schools; and
(f)such other persons as the governing body of the federation consider appropriate.
43. Upon receipt of the notice issued under regulation 42, the relevant authority or authorities must—
(a)establish a temporary governing body in respect of each school in accordance with Parts 3 and 4 of the New Schools Regulations; and
(b)issue a new instrument of government for each school in accordance with Part 5 of the Constitution Regulations.
44. Subject to any provision made by or under a scheme made under section 48(1) of SSFA 1998, the temporary governing body of each school may spend any sum made available by the authority under section 50(1) of that Act(1) to the governing body of the federation in respect of each school, as they think fit for any purposes of that school.
45. On the date of dissolution the temporary governing body of each federated school are incorporated as the governing body of each de-federated school under the name given in the school’s instrument of government.
46.—(1) On the date of dissolution—
(a)all land or property which, immediately before the date of dissolution, was held by the governing body of the federation for the purposes of each de-federated school, transfers to, and by virtue of these Regulations vests in, the new governing body of each de-federated school incorporated under regulation 45; and
(b)all rights and liabilities subsisting immediately before the date of dissolution which were acquired or incurred by the governing body of the federation for the purposes of each de-federated school transfer to the new governing body of each de-federated school incorporated under regulation 45.
(2) Section 198 of and Schedule 10 to the Education Reform Act 1988 (which make provision in relation to transfers of property, rights and liabilities) apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.
As modified by regulation 36 of these Regulations.
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