The Foundation Body Regulations 1999

Establishment of foundation bodies

5.—(1) If the Secretary of State is satisfied that the membership of the foundation body has been properly constituted, that the instrument of government has been adopted and that the schools have or will on entering the group become schools of the category specified in the application then he shall by notice in writing provide that–

(a) the foundation body shall perform the functions conferred on it by these Regulations for the schools in the group as from a date specified by him;

(b) the schools specified in the application shall on that date form the group for which the foundation body is to act; and

(c) 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.

(2) If the Secretary of State is not so satisfied within what is, in his opinion, a reasonable time in all the circumstances he may dissolve the foundation body by notice in writing.

(3) The Secretary of State’s notice under paragraph (1) above shall constitute the Secretary of State’s written consent to the disposal of land referred to in sub-paragraph (c) of that paragraph as required by paragraph 1(2) of Schedule 22 to the 1998 Act.