The Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003

Regulation 24

SCHEDULE 6 Modification of the Constitution Regulations

1.  In regulation 21(2) for “head teacher of the school” there shall be substituted “head teacher of the federation or a federated school”.

2.  In regulation 25 for “paragraphs 9 to 11 of Schedule 1” there shall be substituted “paragraphs 8 to 10 of Schedule 2 to the Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003”.

3.  In regulation 27 for “school” there shall be substituted “federated school”.

4.  In regulation 29—

(a) in paragraph (1) for “maintained school” there shall be substituted “federation”;

(b) in paragraph (1)(a) for “school” there shall be substituted “federation”,

(c) for paragraph (1)(b) there shall be substituted the following paragraph—

“(b) the names and categories of the federated schools within the federation;”;

(d) paragraph (1)(c) shall be omitted;

(e) in paragraph (1)(d) for “Part 3” there shall be substituted “Part 4 of the Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003”;

(f) in paragraph (1)(d)(ii) the words “and additional foundation governors appointed in accordance with regulation 16(2)(b)” shall be omitted;

(g) in paragraph (1)(g) for “Schedule 5” there shall be substituted “regulation 18 of and Schedule 5 to the Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003”;

(h) in paragraph (1)(h) for “Schedule 3” there shall be substituted “regulation 16 of and Schedule 4 to the Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003”;

(i) in paragraphs (1)(i) and (3) for “ the school” there shall be substituted “a federated school”;

(j) in paragraph (1)(j) for “the school is a foundation or a voluntary school” there shall be substituted “a federated school is a voluntary controlled school”; and

(k) in paragraph (2) for “these Regulations as they apply to a school of the category to which the schools belong” there shall be substituted “regulations 21 to 23 of the Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003”.

5.  For regulation 30, there shall be substituted—

“30.— (1) In this regulation, where reference is made to the authority and the federation is to include schools maintained by different authorities, the reference shall be taken as a reference to whichever of those authorities the governing bodies of the schools agree between them should make the instrument of government for the federation.

(2) The governing bodies of the schools which are to form the federation shall jointly prepare a draft instrument of government and submit it to the authority.

(3) Where the federation will contain a voluntary controlled school, the governing bodies of the proposed federation shall not submit the draft to the authority unless it has been approved in respect of each such school by—

(a) that school’s foundation governors;

(b) any trustees of a trust relating to such a school;

(c) in the case of a Church of England or Roman Catholic school, the appropriate diocesan authority; and

(d) in the case of any other school designated under section 69(3) of the 1998 Act as having a religious character, the appropriate religious body.

(4) If—

(a) the authority are content that the draft complies with all the applicable statutory provisions, or

(b) there is agreement between the authority, the governing bodies and (in the case of a voluntary controlled school) the persons mentioned in paragraph (3) that the draft should be revised to any extent, and the revised draft complies with all the applicable statutory provisions,

the instrument of government shall be made by the authority in the form of the draft or (as the case may be) the revised draft.

(5) If, in the case of a proposed federation which is to include a voluntary controlled school, there is at any time disagreement as to the content of the draft among the persons mentioned in paragraph (3), any of those persons may refer the draft to the Secretary of State who shall give such direction as he thinks fit having regard, in particular, to the category of schools which are proposed to be included within the federation.”.

6.  In regulation 31—

(a) in paragraphs (4) to (7)—

(i) for “school” there shall be substituted “federation”; and

(ii) for “regulation 30(2)” there shall be substituted “regulation 30(3)”;

(b) in paragraphs (6) and (7) the words “having regard, in particular, to the category of school to which the school belongs” shall be omitted; and

(c) in paragraph (9) for “regulation 30(3) there shall be substituted “regulation 30(4)”.

7.  In regulation 32—

(a) in paragraph (1) for “school” there shall be inserted “federation”;

(b) in paragraph (2) after sub-paragraph (a) there shall be inserted—

“(aa) the Secretary of State.”; and

(c) in paragraph (2)(c) for “the school” there shall be substituted “a federated school”.

8.  In Schedule 6—

(a) in paragraph 1(2) for “regulation 11” there shall be substituted “regulation 19 of the Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003”;

(b) in paragraph 5(3) the words “, partnership governor” shall be omitted.