Regulation 30 Review of instrument of governmentI1C1

The governing body or the local authority may review the instrument of government at any time after it is made.

Where, on any review, the governing body or the local authority decide that the instrument of government should be varied, the governing body or (as the case may be) the local authority must notify the other of their proposed variation together with their reasons for proposing such a variation.

Where the governing body have received notification under paragraph (2), they must inform the local authority as to whether or not they are content with the proposed variation and, if not content, their reasons.

Where the school has foundation governors, the governing body must not give the local authority—

unless the persons listed in regulation 29(2) have approved the proposed variation.

If—

the local authority must vary the instrument of government accordingly.

If neither sub-paragraph (a) nor (b) of paragraph (5) applies in the case of a school which does not have foundation governors, the local authority must—

the local authority must vary the instrument of government either in the manner agreed between them and the governing body or (in the absence of such agreement) in such manner as they think fit, having regard, in particular, to the category of school to which the school belongs and, where appropriate, to the school’s relationship with its foundation as specified in accordance with regulation 28(1)(b).

The requirement under regulation 29(3) for the local authority to consider compliance with all applicable statutory provisions applies in relation to a proposed variation of an instrument of government as it applies in relation to a draft of such an instrument.

Where the instrument of government is varied under this regulation the instrument must set out the date on which the variation takes effect