Part 2

Establishment, discontinuance or alteration of schools

Alterations to schools

Alterations that may be made under section 19
18
1
Regulations may prescribe alterations to maintained schools that may be implemented in pursuance of proposals published under section 19.
2
The prescribed alterations must include any alteration that involves one or more of the following—
a
in the case of a school falling within any of the categories set out in section 20(1) of SSFA 1998, any change in the category within which the school falls (other than a change prevented by subsection (4)(c) to (f) of this section),
b
the acquisition by a foundation or foundation special school of a foundation established otherwise than under SSFA 1998, and
c
in the case of a school whose instrument of government does not provide for a majority of the governing body to be foundation governors, any change in the instrument of government which results in the majority of governors being foundation governors.
3
The prescribed alterations may include other alterations of any nature (other than those prevented by subsection (4)).
4
None of the following alterations may be made to a maintained school—
a
any change in the religious character of the school;
b
any change whereby the school would acquire or lose a religious character;
c
any change of category from foundation or voluntary school to community school;
d
any change of category from foundation special school to community special school;
e
any change of category from mainstream school to community or foundation special school or from community or foundation special school to mainstream school;
f
any change from maintained nursery school to any other kind of maintained school, or from any other kind of maintained school to maintained nursery school.
5
In subsection (4)(e) “mainstream school” means community, foundation or voluntary school.
S. 18(1)-(3) in force at 1.4.2007 by S.I. 2007/935, art. 5(b)
S. 18(4)(5) in force at 25.5.2007 by S.I. 2007/935, art. 7(c)