The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007

Made: 26th April 2007

Laid before Parliament: 4th May 2007

Coming into force: 25th May 2007

In exercise of the powers conferred upon the Secretary of State by sections 18, 19, 21, 22, 23, 24, 31, 181 and 183 of the Education and Inspections Act 2006[^f00001], the Secretary of State for Education and Skills makes the following Regulations:

Citation, commencement and application

1

• (1) These Regulations may be cited as the School Organisation (Prescribed Alterations to Maintained Schools)(England) Regulations 2007 and come into force on 25th May 2007.

• (2) These Regulations apply to England only.

Interpretation

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In these Regulations—

• “the Act” means the Education and Inspections Act 2006[^f00002];

• “EA 2002” means the Education Act 2002[^f00003];

• “EA 2005” means the Education Act 2005[^f00004];

• “SSFA 1998” means the School Standards and Framework Act 1998[^f00005];

• “the Constitution Regulations” means the School Governance (Constitution) (England) Regulations 2007[^f00006];

• “the Foundation Regulations” means the School Organisation (Requirements as to Foundations)(England) Regulations 2007;[^f00007]

• “Accessibility Strategy” has the meaning given by section 28D of the Disability Discrimination Act 1995[^f00008];

• “admission number” means the number of pupils in any relevant age group that it is intended to admit or (where the context requires) have been admitted as determined by the admission authority (in accordance with section 89 and 89A of the SFFA 1998[^f00009]);

• “the capacity guidance” means the Department for Education and Skills Guidance “Assessing the Net Capacity of Schools” issued in August 2002, reference number DfES/0729REV/2001[^f00010] and references to the capacity of a school are references to the net capacity of that school determined in accordance with that guidance;

• “change of category to foundation” has the meaning set out in regulation 3;

• “Children and Young People’s Plan” means any plan published by the local education authority under section 17 of the Children Act 2004[^f00011];

• “date of publication” of proposals is— the date on which the requirements of paragraphs 6, 7 and 21(4) of Schedule 1, 28 and 41(4) of Schedule 3, and 28 and 41(4) of Schedule 5 as applicable, are satisfied; and where different requirements are satisfied on different days, the last of such days;

• “Early Years Foundation Stage” means the foundation stage defined by section 81 of EA 2002, or the learning and development and welfare requirements specified by the Secretary of State by order and regulations made under section 39 of the Childcare Act 2006 when they come into force[^f00012];

• “extended services” has the same meaning given to it in the publication entitled “Extended Schools Access to Opportunities and Services for All” published by the Department for Education and Skills, dated June 2005 and with ISBN Number 1-84478-451-7;

• “foundation proposals” has the meaning set out in regulation 3;

• “further education college” means an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992[^f00013]);

• “grammar school” has the same meaning as in Chapter 2 of Part 3 of SSFA 1998;

• “implementation date” means the date approved or specified by the governing body, local education authority or adjudicator (as the case may be) as the date on which it is intended that the change of category to foundation or other change of category which falls to be implemented, should take place;

• “indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with, the net capacity assessment method set out in the capacity guidance;

• “mainstream school” means a maintained school which is not a special school;

• “NHS trust” means a body established by the Secretary of State under section 25 of the National Heath Service Act 2006[^f00014];

• “NHS foundation trust” has the same meaning as in section 30(1) of the National Health Service Act 2006;

• “Primary Care Trust” means a body established or continuing under section 18 of the National Health Service Act 2006;

• “representation period” means the appropriate period prescribed in these Regulations in which objections or comments must be made;

• “relevant change” has the meaning set out in regulation 3;

• “special educational needs” has the meaning given by section 312 of the Education Act 1996[^f00015];

• “special school” means a community special school or a foundation special school;

• “sponsor governor” means a person who is nominated as a sponsor governor and is appointed as such by the governing body in accordance with Schedule 5 to the Constitution Regulations;

• “sixth form education” means full-time education suitable to the requirements of pupils over compulsory school age;

• “trustees of the school” means any person (other than the governing body) holding property on trust for the purposes of the school;

• “14-16 education” means educational provision for 14-16 year olds;

• “16-19 institution” means a maintained school which— provides full-time education suitable to the requirements of pupils over compulsory school age, and does not provide full-time education suitable to the requirements of pupils of compulsory school age; and

any references to section 18, 19, 20, 21 , 23 or 24 is a reference to that section of the Act.

Alterations to maintained schools by governing bodies: foundation proposals

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• (1) The alterations specified in paragraph (2), are to be known as foundation proposals and are—

• (a) prescribed under section 18 as alterations that may be implemented in respect of a community, foundation, voluntary aided, voluntary controlled, community special or foundation 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 prescribed alterations are—

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

• (i) from a community school to a foundation school;

• (ii) from a voluntary aided school to a foundation school;

• (iii) from a voluntary controlled school to a foundation school;

• (iv) 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 established 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, any change in the instrument of government which results in the majority of governors being foundation governors (“a relevant change”).

• (3) Part 1 of Schedule 1 provides for the information to be included in, or provided in relation to, foundation proposals.

• (4) Part 2 of Schedule 1 provides for the publication, determination and implementation of foundation proposals.

Other alterations to maintained schools by governing bodies

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• (1) The alterations specified in Part 1 of Schedule 2 are (in addition to foundation proposals) prescribed under section 18 as alterations that may be implemented in respect of a foundation or voluntary school in pursuance of proposals published by the governing body of the school.

• (2) The alterations specified in Part 2 of Schedule 2 are (in addition to foundation proposals)—

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

• (b) designated under section 19(3) as alterations capable of being proposed by that governing body.

• (3) The alterations specified in Part 3 of Schedule 2 are (in addition to foundation proposals)—

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

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

• (4) Part 1 of Schedule 3 provides for the information to be included in, or provided in relation to, governing body proposals for alterations other than foundation proposals.

• (5) Part 2 of Schedule 3 provides for the publication, determination and implementation of proposals for alterations other than foundation proposals.

• (6) Part 3 of Schedule 3 applies in relation to change of category alterations, other than foundation proposals.

Alterations to maintained schools by local education authorities

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• (1) The alterations specified in Part 1 of Schedule 4 are—

• (a) prescribed under section 18 as alterations that may be implemented in respect of a community school in pursuance of proposals published by the local education authority; and

• (b) designated under section 19(2) as alterations capable of being proposed by the local education authority.

• (2) The alterations specified in Part 2 of Schedule 4 are—

• (a) prescribed under section 18 as alterations that may be implemented in respect of a community special school in pursuance of proposals published by the local education authority; and

• (b) designated under section 19(2) as alterations capable of being proposed by the local education authority.

• (3) The alterations specified in Part 3 of Schedule 4 are—

• (a) prescribed under section 18 as alterations that may be implemented in respect of a maintained nursery school in pursuance of proposals published by the local education authority; and

• (b) designated under section 19(2) as alterations capable of being proposed by the local education authority.

• (4) The alterations specified in Part 4 of Schedule 4 are prescribed under section 18 as alterations that may be implemented in respect of a foundation or voluntary school in pursuance of proposals published by the local education authority[^f00016].

• (5) The alterations specified in Part 5 of Schedule 4 are prescribed under section 18 as alterations that may be implemented in respect of a foundation special school in pursuance of proposals published by the local education authority[^f00017].

• (6) Part 1 of Schedule 5 provides for the information to be included in or provided in relation to, proposals concerning alterations falling within paragraphs (1) to (5).

• (7) Part 2 of Schedule 5 provides for the publication, determination and implementation of proposals concerning alterations falling within paragraphs (1) to (5).

Consultation prior to these Regulations

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If before May 25th 2007 any action was taken which (had it been taken on or after that day) would to any extent have satisfied the requirements of paragraph 5 of Part 2 of Schedule 1, paragraph 27 of Part 2 of Schedule 3 and paragraph 27 of Part 2 of Schedule 5, those requirements are to that extent to be treated as satisfied.

Land transfers

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Schedule 6 has effect in relation to the transfer of land where a school changes category.

Regard to guidance

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Any governing body, local education authority or adjudicator (where applicable) when—

• (a) consulting on proposals;

• (b) considering or determining proposals;

• (c) considering what are related proposals;

• (d) making decisions on matters relating to implementation

must have regard to any guidance given from time to time by the Secretary of State.

Revocation

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The regulations specified in Schedule 7 are revoked.

SCHEDULE 1 — FOUNDATION PROPOSALS

PART 1 — Information to be included in or provided in relation to foundation proposals

1

All proposals must include the following information—

• (a) School Details

The name, address and category of the school for which the governing body are publishing the proposals;

• (b) Dates

The proposed implementation date (“implementation date”);

• (c) Objections and comments

A statement explaining the procedure for making representations, including—

• (i) the date pursuant to paragraph 8 by which objections or comments should be sent to the governing body; and

• (ii) the address to which objections or comments should be sent;

• (d) Consultation

Evidence of the consultation before the proposals were published including—

• (i) a list of persons who were consulted;

• (ii) minutes of all public consultation meetings;

• (iii) the views of the persons consulted;

• (iv) a statement to the effect that all applicable statutory requirements in relation to the proposal to consult were complied with; and

• (v) copies of all consultation documents and a statement on how these documents were made available;

• (e) Alteration description

A statement of which one of, or combinations of, the alterations prescribed in regulation 3 comprise the proposals.

2

Where the prescribed alteration is a change of category to foundation, the proposals must contain the following information—

• (a) the rationale for the proposals;

• (b) a statement that the school will—

• (i) have a foundation established otherwise than under SSFA 1998; or

• (ii) belong to a group of schools for which a foundation body acts; or

• (iii) be a foundation school not falling within either of sub-paragraphs (i) or (ii); and

• (c) where it is a change of category to foundation from a voluntary aided school or voluntary controlled school, a statement that in accordance with section 20, the consent of the trustees and the persons by whom the foundation governors are appointed has been obtained.

3

Where the prescribed alteration is the acquisition of a foundation established otherwise than under SSFA 1998, the proposals must contain the following information—

• (a) the name or proposed name of the foundation;

• (b) the rationale for acquiring the foundation and the ethos that it will bring to the school;

• (c) the details of membership of the foundation, including the names of the members;

• (d) where the majority of governors are to be foundation governors, a statement that a parent council will be established in accordance with section 23A of EA 2002[^f00018];

• (e) the entitlement to appoint charity trustees and the number of trustees to be appointed;

• (f) the proposed constitution of the school’s governing body;

• (g) details of the foundation’s charitable objects;

• (h) whether the foundation already acts as a foundation for any foundation or voluntary schools;

• (i) except where the alteration consists of a voluntary aided or voluntary controlled school changing category to a foundation school and it is intended that the foundation should appoint a minority of foundation governors, a statement that the requirements set out in the Foundation Regulations will be met;

• (j) a statement and supporting evidence as to how the foundation will contribute to the advancement of education at the school and in particular how it will help to raise standards; and

• (k) a statement of how the foundation will contribute to the promotion of community cohesion and the impact the foundation will have on the diversity of school provision in the area.

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• (1) Subject to sub-paragraph (2) where the prescribed alteration is a relevant change at a school for which a foundation already acts, the proposals must include the following information—

• (a) the name of the foundation;

• (b) the rationale for the change and how it will contribute to the advancement of education at the school and in particular how it will help to raise standards;

• (c) the details of membership of the foundation, including the names of the members;

• (d) details of the foundation’s charitable objects;

• (e) a statement that the requirements set out in the Foundation Regulations will be met;

• (f) a statement that a parent council will be established in accordance with section 23A of EA 2002;

• (g) the proposed constitution of the school’s governing body; and

• (h) the entitlement to appoint charity trustees and the number of trustees to be appointed.

• (2) In addition where the relevant change relates to—

• (a) a foundation school which immediately before the 25th May 2007, was a foundation school having a foundations; or

• (b) a foundation school which having been a voluntary school immediately before the 25th May 2007, changed category to a foundation school on or after that date

a statement that in accordance with section 20 the consent of the trustees and the persons by whom the foundation governors are appointed has been obtained.

PART 2 — Publication, determination and implementation of foundation proposals

Consultation on proposals

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• (1) The governing body must, before they publish any proposals, consult the following persons—

• (a) any local education authority likely to be affected by the proposals, in particular neighbouring local education authorities where there may be significant cross-border movement of pupils;

• (b) families, teachers, and other staff at the school;

• (c) the governing body, teachers and other staff of any other school that may be affected by the proposals;

• (d) families at any other school that may be affected by the proposals including where appropriate parents of pupils at feeder primary schools;

• (e) any trade unions who represent staff at the school and representatives of any trade union of any other staff at schools that may be affected by the proposals;