Schedule 2

That sub-paragraph shall have effect as if the following were inserted after regulation 29(1)(h)—

“(hh)

where the school will become a foundation school or foundation special school, a voluntary aided school or a voluntary controlled school, subject to regulation 15 of the Education (Change of Category of Maintained Schools) (England) Regulations 2000, the name of any foundation body or person entitled to appoint foundation governors and, if there is more than one such person, the basis upon which such appointments are made both on the change of category and thereafter when there are vacancies to be filled;”.

That regulation shall have effect as if that regulation were omitted and the following substituted—

“30

(1)

This regulation applies in connection with the making of an instrument of government for a school changing its category in accordance with Schedule 8 to the 1998 Act.

(2)

The governing body must prepare a draft of the new instrument of government and submit it to the local education authority.

(3)

Where the school has foundation governors or it is proposed that the school will have foundation governors, the governing body must not submit the draft to the local education authority unless it has been approved by—

(a)

the existing foundation governors;

(b)

if there are no existing foundation governors, the persons whom it is proposed will be entitled to appoint foundation governors;

(c)

any trustees of any trust relating to the school;

(d)

in the case of a Church of England school or Roman Catholic Church school, the appropriate diocesan authority; and

(e)

in the case of any other school designated under section 69(3) of the 1998 Act as having a religious character, the appropriate religious body.

(4)

On receiving the draft the local education authority must consider whether it complies with all applicable statutory provisions, and if—

(a)

it is content that the draft so complies, or

(b)

there is agreement between it, the governing body and (if the school has foundation governors or it is proposed that the school will have foundation governors) the persons mentioned in paragraph (3) that the draft should be revised to any extent and the revised draft complies with all the applicable statutory provisions,

the instrument of government must be made by it in the form of the draft or (as the case may be) in the form of the revised draft.

(5)

If, in the case of a school which has foundation governors or it is proposed should have foundation governors, at any time the persons listed in paragraph (3) disagree with the draft, any of those persons may refer it to the Secretary of State who will give such direction as he thinks fit having regard, in particular, to the category of school to which it is proposed the school should belong.

(6)

If neither of sub-paragraphs (a) and (b) of paragraph (4) applies in the case of a school which does not have foundation governors or it is not proposed should have foundation governors, the local education authority must—

(a)

inform the governing body of the reasons why it is not content with the draft instrument of government, and

(b)

give the governing body a reasonable opportunity to reach agreement with it on revising the draft;

and the instrument of government must be made by it either in the form of a revised draft agreed between it and the governing body or (in the absence of such agreement) in such form as it thinks fit having regard, in particular, to the category of school to which it is proposed the school should belong.

(7)

When taking any decision as to the name of the school the governing body, the local education authority and (if the school has foundation governors or it is proposed should have foundation governors) the persons mentioned in paragraph (3), shall have regard to any guidance given from time to time by the Secretary of State.”.