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The School Companies Regulations 2002

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PART 3Seeking Consent to Become a Member of a School Company

Grounds on which a local education authority may refuse permission to a school governing body to become a member of a school company

15.  Where the governing body of a maintained school seek the consent of the local education authority to form or become a member of a company in exercise of their powers under section 11 of the 2002 Act, the local education authority must give that consent unless–

(a)the school is subject to special measures;

(b)the school has serious weaknesses;

(c)the local education authority considers that the school is likely to become subject to special measures or be assessed as having serious weaknesses within the next year;

(d)the school has a deficit budget;

(e)the governing body of the school has, within the last 3 years, been a member of a school company which became insolvent at a time when the governing body was a member; or

(f)the governing body of the school has been a member of a company which failed to act in accordance with these regulations within the last 3 years.

Duty to provide written reasons for refusal

16.  Where the local education authority does not consent to a governing body becoming a member of a school company, it must provide written reasons for its refusal.

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