Part 2Establishment, discontinuance or alteration of schools

Removal of foundation or reduction in foundation governors

27Proposals under section 25: implementation

I11

Regulations may make provision in connection with the implementation of proposals under section 25 which have been approved in accordance with regulations under section 26.

I12

Regulations under this section may, in particular—

a

make provision for the revision or replacement of the school's instrument of government and the reconstitution of its governing body;

b

make provision for the transfer of property, rights and liabilities;

c

make provision about the manner in which, and time within which, anything required or authorised by the regulations must be done.

I13

Regulations made by virtue of subsection (2)(b) may make provision about any of the matters mentioned in section 24(5)(a) to (i).

I14

Where—

a

any land forming part of the school premises (“the excluded land”) is not transferred to the governing body, and

b

the governing body, a F1local authority or a prescribed person has incurred capital expenditure in relation to the excluded land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the excluded land,

regulations under this section may authorise or require the foundation to pay any part of the value of the excluded land to the governing body, the F1local authority or a prescribed person.

I15

Where—

a

any land forming part of the school premises (“the transferred land”) is transferred to the governing body, and

b

the foundation has incurred capital expenditure in relation to the transferred land or in relation to other land the proceeds of the disposal of which were used to acquire or enhance the value of the transferred land,

regulations under this section may authorise or require the governing body to pay any part of the value of the transferred land to the foundation.

I16

Regulations under this section may require any prescribed person, in exercising functions under the regulations, to have regard to any guidance given from time to time by the Secretary of State.

I27

The implementation of proposals under section 25 is not to be taken as authorising any change in the religious character of the school or the loss of religious character.

I18

In this section “foundation” means a foundation established otherwise than under SSFA 1998.