The Education (Foundation Body) (Wales) Regulations 2001

Leaving a group

22.—(1) If the governing body of a school wish that school to leave the group they shall serve a notice in writing of at least 3 months on the governing bodies of all the other schools in the group, on the foundation body and on the National Assembly, and on the expiry of that period the National Assembly may declare in writing that the school leaves the group on such date as it may specify.

(2) Where the school leaving the group is doing so under a different category from its existing category, the date specified in accordance with paragraph (1) must be the date on which it is intended that the change of category should take place in accordance with the Change of Category Regulations.

(3) Subject to paragraph (4), on the date specified in accordance with paragraph (1), any land which, immediately before that date is held by the foundation body for the purposes of the schools in the group and used for the purposes of the school leaving the group shall be transferred to, and by virtue of this regulation vest in, the governing body of that school.

(4) Paragraph (3) does not apply in relation to a school where following approval of proposals in accordance with the Change of Category Regulations the school is leaving the group in a different category from its existing category.

(5) Where the school leaving the group is not doing so under a different category from its existing category, the governing body must apply to the local education authority for the instrument of government of the school to be varied or replaced so that references to the foundation body can be removed as from the date on which the school leaves the group.