The Foundation Body Regulations 1999

Joining a group after the initial establishment of the foundation body

21.—(1) A school may only join a group with the agreement of the governing bodies of all the schools already in the group.

(2) An application to the Secretary of State must be made jointly in writing by the governing body of the school seeking to join the group and the foundation body and must indicate that the governing bodies of all the schools in the group agree to the school joining the group. The Secretary of State shall, if he considers it appropriate, declare in writing that the school forms part of the group as from such date and on satisfaction of such conditions as he specifies.

(3) The foundation body shall seek approval from the Secretary of State to the modification of the instrument of government.

(4) On the date specified in paragraph (2) above, in the case of a school which joins the group and does not change category in accordance with Schedule 8 to the 1998 Act, any land, other than land held on trust, which immediately before that date is held by the governing body for the purposes of the school shall on that date be transferred to, and by virtue of these Regulations vest in, the foundation body for the purposes of the schools comprising the group for which that body acts.

(5) On that date the governing body of the school joining the group shall appoint a member of their governing body to be a governor member of the foundation body.

(6) The governing body of the school shall apply to the local education authority for that authority to revise or replace the instrument of government for the school so as to name the foundation body as the appointing body for the purpose of appointing foundation governors and the local education authority shall do so in order that the appointment of foundation governors can take effect from the date that the school joins the group.