Explanatory note

These Regulations make provision for community, voluntary controlled, voluntary aided, and foundation schools to become another category of school within those categories, and for a community special school to become a foundation special school and a foundation special school to become a community special school.

Regulation 4 deals with how proposals to change category should be made and dealt with, by applying, with modifications, provisions of section 28 of and Schedule 6 to the School Standards and Framework Act 1998 to such proposals. Schedule 2 shows the effects of those modifications on section 28 and Schedule 6.

Regulations 5 to 7 are concerned with restrictions on schools changing category.

Regulation 8 provides that when considering matters relating to proposals for a change of category each group of members of the school organisation committee shall collectively have a single vote and that decisions must be unanimous.

Regulation 9 deals with the implementation of proposals.

Regulation 10 makes provision, by reference to Schedule 3, for the transfer of staff from employment by a local education authority to employment by a governing body and vice versa.

Regulations 11 to 13 and Schedule 4 deal with the making of a new instrument of government when a school changes category and set out standard form instruments to be used by governing bodies. Schedule 5 shows the effects of the modifications to Schedule 12 to the Act.

Regulations 14 to 16 provide for the reconstitution of the governing body when a school changes category. Certain governors are allowed to remain in office and provision is made for the removal of any governors who are surplus to the requirements of the new instrument of government.

Regulation 17 and Schedule 6 provide for the transfer of land.

Regulations 18 to 20 contain transitional provisions.