Regulation 23 Leaving a group

If the governing body of a school wish that school to leave the group they shall serve a notice in writing of at least 3 months on the governing bodies of all the other schools in the group, on the foundation body and on the Secretary of State. On the expiry of that period the Secretary of State may declare in writing that the school leaves the group and on such date as he may specify.

Where the school leaving the group is doing so under a different category from its existing category, the date specified in accordance with paragraph (1) of this regulation 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.

Subject to paragraph (4), on the date specified in accordance with paragraph (1) above, any land which immediately before that date is held by the foundation body for the purposes of the schools in the group and used for the purposes of that school shall be transferred to, and by virtue of this regulation vest in, the governing body of the school.

Paragraph (3) 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 leaving the group in a different category from its existing category.

Where the school leaving 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 the instrument of government of the school to be varied or replaced so that references to the foundation body can be removed as from the leaving date.