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SCHEDULE 8
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CHANGES OF CATEGORY OF SCHOOL |
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Permitted changes of category |
| | 1. - (1) A community school may in accordance with this Schedule become a foundation school in pursuance of proposals published by the local education authority.
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(2) A school within one of the following categories, namely-
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(c) a voluntary aided school, or |
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(d) a voluntary controlled school, |
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may in accordance with this Schedule become a school within another of those categories in pursuance of proposals published by the governing body.
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(3) A community special school may in accordance with this Schedule become a foundation special school in pursuance of proposals published by the local education authority.
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(4) A community special school or a foundation special school may in accordance with this Schedule become a foundation special school or a community special school in pursuance of proposals published by the governing body.
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Procedure for changing category of school |
| | 2. - (1) Where, in the case of any maintained school, the local education authority or the governing body propose that the school should become a school of another category as permitted by paragraph 1, they shall publish their proposals under this paragraph.
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(2) Regulations may provide for any of the provisions of sections 27 and 30 and Part I or II of Schedule 6 to have effect in relation to any such proposals with or without modifications.
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Restrictions on changing category of school |
| | 3. - (1) Regulations may make provision for preventing a school of any description specified in the regulations from changing its category under this Schedule unless such conditions are satisfied as are so specified.
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(2) The conditions which may be so specified include conditions requiring (according to the circumstances of the case) any of the following to be demonstrated to the satisfaction of any person so specified, namely-
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(a) that the school will join a group of schools for which a foundation body acts or proposes to act; |
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(b) that the governing body will be able, with the assistance of grant under Schedule 3, to carry out their obligations under that Schedule; |
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(c) that the governing body are unable or unwilling, even with such assistance, to carry out those obligations; |
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(d) that the school's governing or foundation body or trustees have agreed to sell or otherwise transfer to the local education authority any land of a description so specified. |
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Implementation of proposals |
| | 4. - (1) Regulations may make such provision as the Secretary of State considers necessary or expedient in connection with the implementation of proposals approved under regulations under this Schedule, including provision with respect to-
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(a) the revision or replacement of the school's instrument of government and the reconstitution of its governing body; |
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(b) the transfer of property and staff; and |
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(c) any transitional matters (whether relating to the implementation of proposals published under other provisions of this Act or otherwise). |
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(2) Regulations made in pursuance of sub-paragraph (1)(b) may, in particular-
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(a) make provision for applying with or without modifications, or |
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(b) make provision corresponding or similar to, |
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any provision of section 69 or Schedule 21.
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