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The Secretary of State for Education and Skills makes the following Regulations in exercise of the powers conferred by section 138(7) of, and paragraph 2(2) of Schedule 8 to, the School Standards and Framework Act 1998[1]. Citation, commencement and interpretation 1. —(1) These Regulations may be cited as the Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2006 and shall come into force on 31st May 2006. (2) In these Regulations—
Amendment of the Amending Regulations (3) Proposals under paragraph 2 of Schedule 8 shall—
(ii) the proposed implementation date; (iii) the relevant contact name (if any) and address of the school's governing body to where any objections or comments may be sent and the date by which they should be sent; (iv) a statement that it is proposed to change the category of the school (stating the current category of school) to a foundation school; (v) a statement that the school will—
(bb) belong or continue to belong to a group of schools for which a foundation body acts and if it does, the identity of that body and the identity of the other schools in the group for which the body performs or will perform the functions set out in section 21(4), or (cc) be a foundation school not falling within either of sub-paragraphs (v)(aa) or (bb) above;
(vi) details of any trusts on which the school premises are held or it is proposed will be held or any proposed trusts on which it is proposed the school premises will be held;
(cc) the name of any person who is entitled to request the removal of any ex officio foundation governors and to appoint any substitute governor;
(ix) where the school is to be a foundation school which has a religious character, a description of the religious ethos of the school; and
(b) shall be published—
(ii) in at least one newspaper circulating in the area served by the school; and (iii) by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.
(5) Before publishing any proposals under paragraph 2 of Schedule 8, the governing body shall consult such persons as appear to them to be appropriate; and in discharging their duty under this subsection the governing body shall have regard to any guidance given from time to time by the Secretary of State. 1. —(1) This Part of this Schedule applies to proposals published under paragraph 2 of Schedule 8 which relate to a school in England. Objections 2. —(1) Any person may make objections to or comments on any proposals published under paragraph 2 of Schedule 8. (2) Any objections or comments made under this paragraph shall be sent to the name (if any) and address of the governing body given in the notice published under section 28(3) within 4 weeks from the date of the publication of the proposals. Determination by governing body whether to implement proposals 4. —(1) Where any proposals have been published by a governing body under paragraph 2 of Schedule 8 then (subject to sub-paragraph (2)) that governing body shall after considering all objections and comments which are received on or before the period referred to in paragraph 2(2), determine whether the proposals shall be implemented. (2) Any determination under sub-paragraph (1) must be made within the period of six months beginning with the date of publication of the proposals, and the governing body shall notify the Secretary of State and the local education authority of any determination made by them under sub-paragraph (1). Requirement to implement proposals 5. —(1) Where the governing body have determined under paragraph 4 to implement any proposals published under paragraph 2 of Schedule 8, then (subject to sub-paragraph (2)), the proposals shall be implemented, in the form in which they were so determined in accordance with regulations made under paragraph 5 of Schedule 8. (2) The governing body may modify the implementation date in respect of the proposals after consulting the relevant local education authority."
(This note is not part of the Regulations) These Regulations further amend the Education (Change of Category of Maintained Schools) (England) Regulations 2000 (No. 2195) ("the Principal Regulations") for the purpose of inserting Schedule 2B (setting out in full the changes made by virtue of Schedule 2A) into the Principal Regulations. In doing so it rectifies the fact that the Education (Change of Category of Maintained Schools) (Amendment) (England) Regulations 2005 ("the Amending Regulations") failed to give effect to this. Regulation 2 revokes Schedule 2B as it appears in the Amending Regulations. Regulation 4 inserts Schedule 2B into the Principal Regulations to follow on from Schedule 2A. Notes: [1] 1998 c. 31. By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), the powers conferred by these provisions are exercisable by the Secretary of State only in relation to England.back [3] S.I. 2000/2195 amended by S.I. 2005/1731; there are other amending instruments but none is relevant.back
ISBN 0 11 074526 4
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