Part 2

Establishment, discontinuance or alteration of schools

Alterations to schools

Right of governing body to determine own foundation proposals
22
1
Subsection (3) applies to proposals which are published under section 19 by the governing body of a community, voluntary controlled or community special school and relate only to—
a
a change of category from community or voluntary controlled school to foundation school, without the acquisition of a foundation or a relevant change in the instrument of government, or
b
a change of category from community special school to foundation special school, without the acquisition of a foundation.
2
For the purposes of this section a “relevant change” in the instrument of government of a school is a change which results in the majority of governors being foundation governors.
3
In relation to proposals to which this subsection applies, regulations under section 21—
a
must provide for the proposals to be determined by the governing body, and
b
may not make any provision under subsection (2)(g) or (h) of that section enabling the proposals to be referred to the adjudicator.
4
Subsection (5) applies to—
a
proposals which are published under section 19 by the governing body of a community or voluntary controlled school and relate only to a change of category from community or voluntary controlled school to foundation school, together with the acquisition of a foundation or a relevant change in the instrument of government (or both),
b
proposals which are published under that section by the governing body of a community special school and relate only to a change of category from community special school to foundation special school, together with the acquisition of a foundation or together with both the acquisition of a foundation and a relevant change in the instrument of government, and
c
proposals which are published under that section by the governing body of a foundation or foundation special school and relate only to the acquisition of a foundation or a relevant change in the instrument of government (or both).
5
In relation to proposals to which this subsection applies, regulations under section 21—
a
must provide for the proposals to be determined by the governing body unless the local authority exercise the right conferred on them by regulations made by virtue of section 23(1), and
b
may not make any provision under subsection (2)(g) or (h) of section 21 enabling a person other than the local authority to require the proposals to be referred to the adjudicator.
S. 22 in force at 1.4.2007 by S.I. 2007/935, art. 5(c)
Words in Pts. 1-7 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 14(2)