Commentary Part 2: Establishment, Discontinuance Or Alteration of Schools in England Section 25: Proposals for removal of foundation or reduction in foundation governors
119.This section provides for the governing bodies of certain foundation schools with foundations to publish proposals to remove the foundation or to reduce the proportion of governors appointed by the foundation.
120.Subsection (1) provides for this section to apply to foundation and foundation special schools where either or both of two conditions is met.
121.Subsection (2) sets out the first condition, which is that the school was established pursuant to proposals implemented under the Act.
122.Subsection (3) sets out the second condition, which is that the school acquired its foundation pursuant to proposals implemented under the Act.
123.Subsection (4) enables the governing body of a school meeting either of these conditions at any time to publish proposals to remove a foundation or to alter the school’s instrument of government so as to reduce the proportion of governors appointed by the foundation so that they no longer constitute a majority.
124.Subsection (5) provides for a prescribed proportion of governors to be able to require the governing body to publish proposals for either of the changes mentioned in subsection (4), in accordance with procedures set out in regulations.
125.Subsection (6) provides that the governing body is not required to publish proposals under subsection (5) (proposals required to be published by the prescribed proportion of governors) at any time within a prescribed period beginning with the date on which (a) proposals for either the establishment of the school, the acquisition of the foundation, a relevant change in instrument of government or a change of category to foundation or foundation special school were implemented under the Act (and regulations made under the Act) or (b) proposals published under subsection (5) were rejected.
126.Subsection (7) defines the term “relevant change” for the purposes of subsection (6), that is a change to the instrument of government which results in the majority of governors being foundation governors.
127.Subsection (8) defines the term “foundation” for the purposes of the section.