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The Control of School Premises (Wales) Regulations 2008

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Transfer of control agreements: foundation and foundation special schools

6.—(1) Subject to paragraph (2), the governing body of any foundation or foundation special school may enter into a transfer of control agreement with any body or person if their purpose (or one of their purposes) in doing so is to promote community use of the whole or any part of the school premises.

(2) Paragraph (1) applies even where the school has a trust deed that would (apart from this paragraph) expressly or impliedly preclude the governing body from entering into a transfer of control agreement with the body or person concerned or from conferring control on the controlling body in question.

(3) However, the governing body may not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by any such trust deed as would apply if control was being exercised by the governing body.

(4) The governing body may not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless it has first obtained the consent of the Welsh Ministers to the agreement insofar as it makes such provision.

(5) A transfer of control agreement is taken to include the following terms, namely —

(a)that the controlling body, in exercising control of the use of any premises subject to the agreement, must have regard to the desirability of the premises being made available for community use; and

(b)that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then —

(i)the use of the specified premises at those times is to be under the control of the governing body, and

(ii)accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

even though their use at those times would (apart from this paragraph) be under the control of the controlling body.

(6) Paragraph (7) applies where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement.

(7) In such a case sub-paragraph (b) of paragraph (5) does not have effect in relation to the transfer of control agreement if, at the time of entering into it, the governing body was of the opinion that the express provision would be more favourable to the interests of the school and the term that would otherwise be included by virtue of that sub-paragraph.

(8) In this regulation —

“the controlling body” (“y corff rheoli”) means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question; and

“transfer of control agreement” (“cytundeb i drosglwyddo rheolaeth”) means an agreement which (subject to paragraph (5)) provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.

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