Part 3

Further provisions about maintained schools

Foundation, voluntary and foundation special schools

Requirements as to foundations
33
1
After section 23 of SSFA 1998 insert—

Foundation and foundation special schools: requirements as to foundations
23A
1
This section applies to any foundation or foundation special school having a foundation if any one or more of the following conditions is met.
2
Condition A is that the school was established as a foundation or foundation special school in pursuance of proposals falling to be implemented under Schedule 2 to the Education and Inspections Act 2006.
3
Condition B is that the school—
a
acquired its foundation, or
b
became a school whose instrument of government provides for the majority of governors to be foundation governors,
in pursuance of proposals falling to be implemented under regulations under section 24 of that Act.
4
Condition C is that the school changed category from voluntary aided school to foundation school in pursuance of proposals falling to be implemented under regulations under section 24 of that Act and has an instrument of government providing for the majority of governors to be foundation governors.
5
No institution may act as the foundation of a school to which this section applies unless—
a
it is a body corporate of a prescribed description,
b
it is a charity (whether by virtue of section 23(3) or otherwise), and
c
it has as its purpose, or one of its purposes, the advancement of the education of pupils at the school or schools in respect of which it acts as the foundation.
6
The foundation of a school to which this section applies shall, in carrying out its functions in relation to the school, promote community cohesion.
7
Where any members of the foundation are to be local authorities or persons appointed by local authorities, the proportion of voting rights exercisable by such members must not exceed 20 per cent. of the total voting rights exercisable by members.
8
Where any of the charity trustees in relation to the foundation are to be appointed by local authorities—
a
the proportion of the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total number of charity trustees, and
b
the voting rights exercisable by the charity trustees who are appointed by local authorities must not exceed 20 per cent. of the total voting rights exercisable by charity trustees.
9
Regulations may disqualify persons from acting as charity trustee in relation to a school to which this section applies.
10
In this section and section 23B—
- “charity” has the same meaning as in the Charities Act 1993;
- “charity trustee”, in relation to a school to which this section applies, means any individual who is for the purposes of the Charities Act 1993 a charity trustee in relation to the school's foundation;
- “foundation” means a foundation established otherwise than under this Act;
- “institution” has the same meaning as in the Charities Act 1993;
- “purpose” includes object.

Powers of Secretary of State in relation to charity trustees of foundations
23B
1
Regulations may make provision enabling the Secretary of State in prescribed cases by direction—
a
to remove any charity trustee of a school to which section 23A applies, even though the person is not disqualified by virtue of subsection (9) of that section;
b
to appoint a person to be a charity trustee of such a school (whether in place of a trustee removed by him under paragraph (a) or otherwise).
2
Regulations under subsection (1) may make provision as to the effect of a direction given by the Secretary of State under the regulations, and may in particular provide for any such direction to have the same effect as an order of the Charity Commission for England and Wales under section 18 of the Charities Act 1993 for the removal or appointment of a charity trustee.
3
Nothing in this section affects the powers of the Charity Commission for England and Wales under any enactment.
2
In relation to any time before the commencement of section 1A(1) of the Charities Act 1993 (c. 10) (which provides for the establishment of the Charity Commission for England and Wales as a body corporate), any reference in section 23B of SSFA 1998 (as inserted by subsection (1) of this section) to the Charity Commission for England and Wales is to be read as a reference to the Charity Commissioners for England and Wales.
S. 33 in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(h)
S. 33 in force at 25.5.2007 in so far as not already in force by S.I. 2007/935, art. 7(h)