Commentary Part 2: Establishment, Discontinuance Or Alteration of Schools in England Section 27: Proposals under section 25: implementation
132.This section provides for regulations to make provision about the implementation of proposals published under section 25.
133.Subsection (2) provides that regulations may make provision about changes to the school’s instrument of government and the reconstitution of its governing body; for the transfer of property, rights and liabilities; and about the manner and time within which things must be done.
134.Subsection (3) provides that regulations made under subsection (2)(b) may make provision relating to the matters mentioned in section 24(5)(a) to (i). Section 24(5)(a) to (i) set out a detailed list of matters relating to the transfer of property, rights and liabilities.
135.Subsection (4) provides that regulations may authorise or require a foundation to pay compensation to the governing body, local authority or a prescribed person where they have incurred capital expenditure in relation to land which forms part of the school premises (or previously formed part of the school premises) and which is not transferred to the governing body.
136.Subsection (5) provides that regulations may authorise or require a governing body to pay compensation to the foundation where the foundation has incurred capital expenditure in relation to land which forms part of the school premises (or previously formed part of the school premises) and which is transferred to the governing body.
137.Subsection (6) provides that regulations may require any prescribed person to have regard to guidance from the Secretary of State when exercising functions under this section.
138.Subsection (7) makes clear that the implementation of proposals under section 25 does not authorise any change to, or loss of, the religious character of a school.
139.Subsection (8) defines the term “foundation” for the purposes of the section.