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The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013

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Alterations to maintained schools by governing bodies: foundation proposals

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3.—(1) Foundation proposals are [proposals for] the alterations specified in paragraph (2) and are—

(a)prescribed under section 18 as alterations that may be implemented in respect of a community, foundation, voluntary aided, voluntary controlled or special school in pursuance of proposals published by the governing body; and

(b)in the case of a community or community special school, are designated under section 19(3) as alterations capable of being proposed by the governing body.

(2) The alterations are—

(a)a change of category (a “change of category to foundation”)—

(i)from a community, voluntary aided or voluntary controlled school to a foundation school;

(ii)from a community special school to a foundation special school;

(b)in relation to foundation and foundation special schools only, the acquisition of a foundation otherwise than under SSFA 1998;

(c)in relation to foundation and foundation special schools only, where the instrument of government of the school does not provide for a majority of the governing body to be foundation governors(1), any change in the instrument of government which results in the majority of governors being foundation governors (“a relevant change”).

(1)

For the meaning of “foundation governor” see section 19(1A)(e) of the Education Act 2002 (c. 32).

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