Commentary Part 2: Establishment, Discontinuance Or Alteration of Schools in England Section 24: Proposals under section 19: implementation
114.This section provides that regulations may make provision in connection with the implementation of approved proposals for the alteration of schools (including arrangements under which the duty to implement the proposals may be removed, or the proposals modified).
115.Subsection (3) provides that regulations in respect of proposals for a school to change its category or gain a foundation may include provision about changes to the constitution of the governing body and the transfer of property or staff. Subsections (4) and (5) give further detail of what regulations in relation to the transfer of property may cover.
116.Subsection (6) provides that regulations may require any prescribed persons, in exercising functions under the regulations, to have regard to guidance issued by the Secretary of State.
117.Subsection (7) provides that regulations may in particular make provision corresponding to the provisions of Schedule 2 governing the implementation of proposals for the establishment or discontinuance of schools.
118.Subsection (8) provides that a school’s change of category is not to be taken as authorising any change in the religious character of the school.