The Education (Foundation Body) (England) Regulations 2000

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Foundation Body) (England) Regulations 2000.

(2) These Regulations shall come into force on 15th November 2000.

(3) These Regulations apply only in relation to England.

Interpretation

2.—(1) In these Regulations:

“the 1998 Act” means the School Standards and Framework Act 1998;

“the Change of Category Regulations” means the Education (Change of Category of Maintained Schools) (England) Regulations 2000(1);

“the clerk” means the clerk to the foundation body appointed in accordance with regulation 15;

“community member” means a member of the foundation body nominated by the governing bodies of schools within the group and appointed by the governor members of the foundation body under regulation 6(b) or 9(4);

“the dissolution date” means the date on which a foundation body is to be dissolved, specified in an order of the Secretary of State in accordance with regulation 25(1) or regulation 10(5);

“the formation date” means the date on which a group is to be formed, specified in writing by the Secretary of State under regulation 7(1);

“governor member” means a member of the foundation body appointed by the governing body of a school under regulation 9(1) or (3) or regulation 22(8);

“group” means the group of three or more schools for which a foundation body performs the following functions, namely

(a)

to hold property of those schools for the purposes of those schools, and

(b)

to appoint foundation governors for those schools;

“initial governor member” shall be construed in accordance with regulation 5(4);

“the joining date” means the date on which a school joins a group, specified in writing by the Secretary of State under regulation 22(3); and

“the leaving date” means the date on which a school leaves a group, specified in writing by the Secretary of State under regulation 23(1).

(2) In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to a numbered regulation or, as the case may be, to a numbered Schedule to these Regulations.

(3) Where any land is transferred to and vests in any body in accordance with these Regulations, any rights or liabilities—

(a) enjoyed or incurred by the transferor in connection with the land; and

(b) subsisting immediately before the transfer of the land,

shall also be transferred to, and by virtue of these Regulations vest in, that body.

(4) Expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions set out opposite thereto in the second column.

Table

financial year	section 579(1) of the Education Act 1996(2)
foundation	section 21(3) of the 1998 Act
foundation body	section 21(4) of the 1998 Act
foundation governor	paragraph 2 of Schedule 9 to the 1998 Act.

(5) A reference to a category in any provision of these Regulations is a reference to one of the categories set out in section 20(1) of the 1998 Act.

Foundation bodies and groups

3.—(1) Subject to paragraph (2) below—

(a) a school may only form part of a group; and

(b) the governing body of a school may only apply to the Secretary of State for the establishment of a foundation body,

if that school is a foundation or voluntary school or if it is a community school which the governing body propose should become a foundation or voluntary school.

(2) A school which has a foundation, other than a foundation body, may not form part of a group and its governing body may not propose the establishment of a foundation body.

Change of Category

4.—(1) Where a school proposes to enter, join or leave a group under a different category from its existing category, or to become on or prior to the dissolution date of its foundation body a school of a different category, the Change of Category Regulations shall apply with the modifications set out in Schedule 1.

(2) The provisions of Schedule 6 to the Change of Category Regulations so applied are set out as modified in Schedule 2.

Establishment of foundation bodies

5.—(1) A foundation body may only be established under section 21 of the 1998 Act in accordance with the following provisions of this regulation.

(2) The governing bodies of the three or more schools which wish a particular foundation body to be established and which propose to form the group for which the foundation body will act shall together apply to the Secretary of State for the establishment of that foundation body.

(3) The application shall contain—

(a) a statement that the application has been agreed by the governing body of each school;

(b) a draft instrument of government for the foundation body based on the model set out in Schedule 3; and

(c) a statement containing—

(i) the names of the initial governor members of the foundation body to be appointed in accordance with regulation 9(1),

(ii) the date on which it is proposed that the foundation body will be established, and

(iii) the category in which it is proposed that each school will enter the group or a statement that a particular school will enter in its existing category.

(4) If the Secretary of State approves the application, a foundation body shall be established as a body corporate under section 21 of the 1998 Act on a date specified by him in writing. On the date of establishment, the initial governor members specified in the application, subject to any changes agreed by the Secretary of State with the governing body or bodies in question, shall be the initial governor members of the foundation body.

6.  After establishment of the foundation body and before the formation date, the initial governor Members shall—

(a) adopt the instrument of government in the form approved by the Secretary of State;

(b) appoint community members from those nominated in accordance with regulation 9(2); and

(c) select persons to be appointed as foundation governors to schools in the group,

and the foundation body may only exercise its powers before that date for or in connection with those purposes.

7.—(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; and

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

(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 by order dissolve the foundation body on such date as he may specify in the order.

(3) Where any of the schools is entering the group under a different category from its existing category, the date specified in accordance with paragraph (1) of this regulation shall be the date on which it is intended that the change of category should take place in accordance with the Change of Category Regulations.

(4) Subject to paragraph (5), on the date specified in accordance with paragraph (1) above any land, other than land held on trust, which immediately before that date is held by the governing body of any school entering the group for the purposes of that school shall on that date be transferred to, and by virtue of this regulation vest in, the foundation body for the purposes of the schools comprising the group for which that body acts.

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

8.  The governing body of a school in or to be in the group which is not entering the group in a different category from its existing category shall notify the local education authority that the instrument of government for the school should identify the foundation body as the appointing body for the purpose of appointing foundation governors.

Membership of foundation bodies

9.—(1) The governing body of each school which proposes the establishment of the foundation body shall appoint a member of the governing body to be a governor member of that foundation body.

(2) The governing bodies of the schools which propose the establishment of the foundation body shall nominate persons to be community members.

(3) If a governor member ceases to hold office then—

(a) the clerk shall notify all the governing bodies of schools in the group; and

(b) the governing body who appointed that governor member shall appoint a new governor member at their next full meeting.

(4) If a community member ceases to hold office or there is a need to appoint a new community member because a school has joined the group, the clerk shall notify the governing bodies of all schools in the group. The governor members of the foundation body shall appoint a replacement or a new community member on the basis of nominations made by the governing bodies of schools in the group.

10.—(1) The quorum for a decision of the governing body of a school under regulation 9 shall be two-thirds (rounded up to a whole number) of the governors in post who are entitled to vote.

(2) The term of office of a member of a foundation body shall be four years but a member may be re-appointed.

(3) A person may not vote for his own appointment or re-appointment as a member of a foundation body.

(4) Vacancies must be filled by the next meeting of the foundation body or the meeting after if the vacancy arises fewer than three months before the next meeting.

(5) If a vacancy of a member is not filled then the Secretary of State may by order on such date as he may specify in the order dissolve the foundation body and the provisions of regulation 25(1)(d) and (e) and 25(2) to (5) shall apply to such a dissolution, save that the 6 months period referred to in paragraph 25(2) shall commence on such date as may be specified by the Secretary of State in writing.

Eligibility and disqualification

11.—(1) A foundation governor who has been appointed to a school in the group by a foundation body may not be a governor member of that foundation body and may not vote on appointments to the foundation body.

(2) A community member must—

(a) have business or other interests in the local community;

(b) not be a parent of a registered pupil, a member of the governing body, teaching or non-teaching staff or a registered pupil, at any school in the group;

(c) not be an elected member of a local education authority which maintains any school in the group or a person employed by such an authority in their capacity as a local education authority; and

(d) have attained the age of 18 years at the date of his appointment.

(3) A governor member of the foundation body shall cease to hold office on ceasing to be a member of the governing body of the school which appointed him.

(4) A member of the foundation body may not be an employee of that body.

Disqualification for holding office

12.  Schedule 4 to these Regulations shall have effect in relation to the disqualification of a person for holding, or for continuing to hold, office as a member of a foundation body.

13.  A member may resign at any time by notice in writing to the clerk.

Restrictions

14.  A member of a foundation body shall receive no payment, other than reasonable and necessary out-of-pocket expenses, and may take no direct or indirect benefit from any contracts entered into by the foundation body or have any interest in any land held by the foundation body.

Clerk

15.—(1) The foundation body shall appoint a person to be the clerk to the foundation body.

(2) A member of a foundation body may not act as clerk except that, where the clerk fails to attend a meeting, the foundation body may appoint a member to be the clerk for the purposes of that meeting (but without prejudice to his position as a member).

Conduct and meetings

16.—(1) The foundation body shall—

(a) elect a member as chairman who shall be elected (or re-elected) at the first ordinary meeting of each year;

(b) define a quorum which cannot be less than half (rounded up to the nearest whole number) the total number of members of the foundation body when complete; and

(c) keep minutes of the proceedings of meetings and make them available to the governing bodies of schools in the group on request.

(2) At the first meeting the foundation body shall appoint foundation governors to schools in the group in accordance with the instruments of government of the schools in question.

Annual report and records

17.—(1) The foundation body shall publish an annual report of its activities for the information of the governing bodies of the schools in the group setting out—

(a) the names of each member, including any changes since the last annual report and identifying the chairman;

(b) a summary of the decisions and actions of the foundation body since the last annual report was published unless minutes of the foundation body’s meetings are published separately;

(c) a statement of any income and expediture showing the balance as at the end of each financial year falling within the period of the report; and

(d) a statement of any significant disposals, purchases or gifts and of any outstanding liabilities at the end of each financial year falling within the period of the report.

(2) The first report shall be issued within two years of the formation date and may deal with a period longer than a year.

(3) Following the first report, annual reports must be issued no later than the next meeting after the end of the year being reported on.

Accounts

18.—(1) The foundation body shall maintain acounts and ensure that they are audited by independent external auditors. The foundation body shall publish in each financial year a copy of the accounts for the previous financial year as audited together with a statement that they have been audited.

(2) The foundation body shall comply within 1 month with a written request from any person that he be supplied with a copy of the body’s most recent accounts.

Information and records

19.—(1) The foundation body shall provide the Secretary of State with such information as he requests from time to time.

(2) The foundation body shall keep all records for at least 6 years.

Functions of foundation bodies

20.  Foundation bodies shall have the following functions—

(a) to hold land and other property of schools in the group for the purposes of those schools;

(b) to appoint foundation governors to every school in the group; and

(c) to promote co-operation between schools in the group.

Additional powers

21.—(1) Foundation bodies may in connection with their functions—

(a) borrow such sums as the foundation body thinks fit and in connection with such borrowing, grant any mortgage, charge or other security over any land or other property of the foundation body;

(b) accept gifts of money, land or other property, and apply it or hold it for the purposes of the schools in the group;

(c) engage in fund raising so far as is compatible with their charitable status;

(d) acquire and dispose of any land or property;

(e) enter into contracts including contracts of employment;

(f) make standing orders for the management of the foundation body and any committees and for the conduct of their business;

(g) appoint committees;

(h) delegate the exercise of any powers to individual members or to committees, except those relating to the appointment of foundation governors, the granting of any security or the disposal of any land; and

(i) employ such staff (who cannot be members) as are necessary and to make all necessary provisions for those staff.

(2) The power to borrow sums and grant security or to dispose of any land mentioned above may only be exercised with the written consent of the Secretary of State.

Joining a group after the initial establishment of the foundation body

22.—(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 shall be made jointly in writing by the governing body of the school seeking to join the group and the foundation body and shall contain—

(a) a statement that the governing bodies of all the schools in the group agree to the school joining the group; and

(b) a statement of the category in which it is proposed that the school will enter the group or a statement that the school will enter in its existing category.

(3) 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.

(4) Where the school joining the group is doing so under a different category from its existing category, the date specified in accordance with paragraph (3) above shall be the date on which it is intended that the change of category should take place in accordance with the Change of Category Regulations.

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

(6) Subject to paragraph (7), on the date specified in accordance with paragraph (3) above 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 be transferred to, and by virtue of this regulation vest in, the foundation body for the purposes of the schools comprising the group for which that body acts.

(7) Paragraph (6) does not apply in relation to a school where, following approval of proposals published in accordance with the Change of Category Regulations, the school is joining the group in a different category from its existing category.

(8) On the date specified in accordance with paragraph (3) above, 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.

(9) Where the school joining the group is not doing so under a different category from its existing category, the governing body shall apply to the local education authority for that authority to vary 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.

Leaving a group

23.—(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 Secretary of State. On the expiry of that period the Secretary of State may declare in writing that the school leaves the group and on such date as he 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) of this regulation shall 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) above, 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 that school shall be transferred to, and by virtue of this regulation vest in, the governing body of the school.

(4) Paragraph (3) does not apply in relation to a school where, following approval of proposals published 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 shall 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 leaving date.

24.  If a school leaves a group or is discontinued and the group still has three or more members the foundation body shall modify the instrument of government with the approval of the Secretary of State.

Winding-up of foundation bodies

25.—(1) If membership of a group would fall below three as a result of one or more schools leaving or being discontinued then—

(a) the clerk shall inform the Secretary of State that this is the case;

(b) the notice to leave given by the school or the publication of the proposals to discontinue shall be taken as a notice of dissolution;

(c) the foundation body shall be dissolved on such date as the Secretary of State may by order specify;

(d) the governing body of each school in the group (other than a school which is to be discontinued) shall apply to the local education authority for their own instrument of government to be modified (so that references to the foundation body can be removed as from the dissolution date); and

(e) the governing body of a foundation school shall replace foundation governors with partnership governors as from the dissolution date unless by that date it has either applied to join another group or has applied, together with the governing bodies of two or more other schools, for the establishment of a foundation body.

(2) The governing body of a voluntary school must publish change of category proposals in accordance with the Change of Category Regulations to become a foundation or community school, if (as the case may be) within 6 months of the date of the notice to leave given by the school or within 6 months of the approval of the proposals to discontinue the school it has not—

(a) formed or joined another group; or

(b) established a foundation, other than a foundation body, which satisfies the Secretary of State that it can meet any requirements that may be specified from time to time under paragraph 4(2)(b) of Schedule 8 to the 1998 Act.

(3) At any time after the expiry of the relevant 6 months period referred to in paragraph (2) above, the Secretary of State can require the governing body of a school to publish proposals for the school to change to another specified category.

(4) Subject to paragraph (5), in the case of a school which is not being discontinued, on the dissolution date any land or other property 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 that school shall be transferred to, and by virtue of this regulation vest in, the governing body of the school.

(5) Paragraph (4) does not apply in relation to a school where, following approval of proposals published in accordance with the Change of Category Regulations, the school becomes on or before the dissolution date a school of another category.

Resolution of Disputes

26.  Where there is a dispute between the governing bodies of schools in the group or between the governing body of one or more schools in the group and the foundation body then one of the parties to that dispute can apply in writing to the Secretary of State for him to determine the matter.

Use of Land

27.  The transfer of land to a foundation body under these Regulations or under the Change of Category Regulations as modified by Schedule 1 to these Regulations shall not affect the rights of the governing body in relation to that land under Schedule 13 to the 1998 Act.

Transfers of land

28.  Regulations 7(4), 22(6), 23(3) and 25(4) are subject to section 198 of the Education Reform Act 1988(3) (which with Schedule 10 to that Act makes further provision in relation to transfers of property, rights and liabilities), and references in that Schedule as applied by virtue of this regulation to the transfer date are (as the case may be) to the formation date, the joining date, the leaving date or the dissolution date.

Revocation

29.  The Foundation Body Regulations 1999(4) are hereby revoked in relation to England.

Jacqui Smith

Parliamentary Under-Secretary of State,

Department for Education and Employment

20th October 2000