Regulation 22 Joining a group after the initial establishment of the foundation body
A school may only join a group with the agreement of the governing bodies of all the schools already in the group.
An application to the Secretary of State shall be made jointly in writing by the governing body of the school seeking to join the group and the foundation body and shall contain—
a statement that the governing bodies of all the schools in the group agree to the school joining the group; and
a statement of the category in which it is proposed that the school will enter the group or a statement that the school will enter in its existing category.
The Secretary of State shall, if he considers it appropriate, declare in writing that the school forms part of the group as from such date and on satisfaction of such conditions as he specifies.
Where the school joining the group is doing so under a different category from its existing category, the date specified in accordance with paragraph (3) above shall be the date on which it is intended that the change of category should take place in accordance with the Change of Category Regulations.
The foundation body shall seek approval from the Secretary of State to the modification of the instrument of government.
Subject to paragraph (7), on the date specified in accordance with paragraph (3) above any land, other than land held on trust, which immediately before that date is held by the governing body for the purposes of the school shall be transferred to, and by virtue of this regulation vest in, the foundation body for the purposes of the schools comprising the group for which that body acts.
Paragraph (6) does not apply in relation to a school where, following approval of proposals published in accordance with the Change of Category Regulations, the school is joining the group in a different category from its existing category.
On the date specified in accordance with paragraph (3) above, the governing body of the school joining the group shall appoint a member of their governing body to be a governor member of the foundation body.
Where the school joining the group is not doing so under a different category from its existing category, the governing body shall apply to the local education authority for that authority to vary or replace the instrument of government for the school so as to name the foundation body as the appointing body for the purpose of appointing foundation governors and the local education authority shall do so in order that the appointment of foundation governors can take effect from the date that the school joins the group.