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The Control of School Premises (Wales) Regulations 2008

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Control of school premises: foundation and foundation special schools

5.—(1) The occupation and use of the premises of a foundation or foundation special school (both during and outside school hours) are under the control of the governing body, subject to —

(a)any transfer of control agreement entered into by the governing body under regulation 6;

(b)any requirements of an enactment other than the Act or regulations made under it.

(2) In exercising control of the occupation and use of the premises of the school outside school hours the governing body must have regard to the desirability of those premises being made available for community use.

(3) Where the school has a trust deed which provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that (disregarding any transfer of control agreement made under regulation 6) the use of those premises is or would be under the control of such a person —

(a)this regulation, and

(b)regulation 6,

have effect in relation to the school with the substitution of references to that person for references to the governing body.

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