http://www.legislation.gov.uk/anaw/2013/1/section/40/notesExplanatory Notes to School Standards and Organisation (Wales) Act 2013Welsh Assembly GovernmentKing's Printer of Acts of Parliament2014-10-06 1 4 March 2013 55 This section requires that the opening or closing of a maintained school, or the making of a significant alteration (known as a ‘regulated alteration’) be done in accordance with the processes set out in this Part – except where the Welsh Ministers are using their power of intervention to direct that a school be closed  under section 16. The regulated alterations are set out in Schedule 2. Subsection (2) of section 40 prohibits the establishment of a new foundation or foundation special school in Wales. Subsection (5) prohibits any alteration to a maintained school that changes its religious character or causes it to acquire or lose a religious character. 56 Similar provision was made in sections 28(11) and 33 of the 1998 Act.