Education and Inspections Act 2006 (c. 40)

Part 2 E+W Establishment, discontinuance or alteration of schools

Removal of foundation or reduction in foundation governors E+W

27 Proposals under section 25: implementation E+W

(1) 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.

(2) 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.

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

(4) 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 [F1 local 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 [F1 local authority] or a prescribed person.

(5) 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.

(6) 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.

(7) 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.

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

Textual Amendments

F1 Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)

Commencement Information

I1 S. 27(1)-(6) (8) in force at 1.4.2007 by S.I. 2007/935, art. 5(f)

I2 S. 27(7) in force at 25.5.2007 by S.I. 2007/935, art. 7(f)