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

Regulation 11

SCHEDULE 1 Temporary governing bodies of new schools intending to federate

General principles

1.  The size of the membership of the temporary governing body, being no fewer than 9 or more than 22 temporary governors, shall be determined by the authority.

2.  In determining the size of the temporary governing body, the authority must not include any temporary sponsor governors.

3.  Where application of paragraphs 4 to 7 produces a number other than a whole number, the authority shall specify either the whole number next above or the whole number next below (at their choice) provided that the total number of governors may not exceed the limit set in paragraph 1.

4.  In calculating the number of temporary staff governors required, the head teacher of the federation and the head teacher or head teacher designate of each school shall be included whether or not he has resigned his governorship.

New community schools, community special schools and maintained nursery schools

5.  A temporary governing body constituted for two or more proposed community schools, proposed community special schools or proposed maintained nursery schools only, shall be composed as follows—

(a) one third or more shall be temporary parent governors, provided always that for each proposed school at least one temporary parent governor shall be appointed to represent the interests of the parents of children who are or are likely to become registered pupils at that school;

(b) at least two but no more than one third shall be temporary staff governors;

(c) one fifth shall be temporary LEA governors; and

(d) one fifth or more shall be temporary community governors.

New voluntary controlled schools

6.  A temporary governing body constituted for two or more proposed voluntary controlled schools only, shall be composed as follows—

(a) one third or more shall be temporary parent governors, provided always that for each proposed school at least one temporary parent governor shall be appointed to represent the interests of the parents of children who are or are likely to become registered pupils at that school;

(b) at least two but no more than one third shall be temporary staff governors;

(c) at least one but no more than one fifth shall be temporary LEA governors;

(d) one tenth or more shall be temporary community governors; and

(e) at least two but no more than one quarter shall be temporary foundation governors.

New schools of more than one category

7.  A temporary governing body constituted for at least one proposed community school, proposed community special school or proposed maintained nursery school and at least one proposed voluntary controlled school shall be composed as follows—

(a) one third or more shall be temporary parent governors, provided always that for each proposed school at least one temporary parent governor shall be appointed to represent the interests of the parents of children who are or are likely to become registered pupils at that school;

(b) at least two but no more than one third shall be temporary staff governors;

(c) at least one but no more than one fifth shall be temporary LEA governors;

(d) at least two shall be temporary community governors; and

(e) at least one shall be a temporary foundation governor.

Temporary sponsor governors

8.  A temporary governing body constituted in accordance with paragraphs 5 to 7 may, in addition, appoint up to two temporary sponsor governors.

Regulation 13

SCHEDULE 2 Election and appointment of parent governors

1.  In this Schedule, where reference is made to the authority and the federation includes schools maintained by more than one authority, the reference shall be taken as a reference to each authority.

2.  The authority may delegate to the head teacher of the federation or, where applicable, the head teacher of the federated school in question, any of their functions under this Schedule.

3.  Subject to paragraphs 2 and 4 to 7 the authority shall make all the necessary arrangements for the election of parent governors.

4.  The power conferred by paragraph 3 does not include power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected.

5.  Any election which is contested shall be held by ballot.

6.—(1) The arrangements made under paragraph 3 shall provide for every person who is entitled to vote to have an opportunity to do so by post.

(2) For the purposes of sub-paragraph (1), “post” includes delivery by hand.

(3) The arrangements made under paragraph 3 may provide for every person who is entitled to vote to have an opportunity to do so by electronic means.

7.  Where a vacancy for a parent governor arises, the authority shall take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school is—

(a) informed of the vacancy and that it is required to be filled by election;

(b) informed that he is entitled to stand as a candidate and vote in the election; and

(c) given the opportunity to do so.

8.  The number of parent governors required shall be made up of parent governors appointed by the governing body if one or more vacancies of parent governors arises and either—

(a) the number of parents standing for election is less than the number of vacancies;

(b) at least 50 per cent of the registered pupils at the school are boarders and it would, in the opinion of the authority, be impractical for there to be an election of parent governors; or

(c) in the case of a school which is a community special school established in a hospital, it would, in the opinion of the authority, be impractical for there to be an election of parent governors.

9.—(1) Except where paragraph 10 applies, in appointing a parent governor to represent a federated school, the governing body of a federation shall appoint—

(a) a parent of a registered pupil at the school;

(b) a parent of a registered pupil at another school within the federation;

(c) a parent of a former registered pupil at the school;

(d) a parent of a former registered pupil at a school within the federation; or

(e) a parent of a child.

(2) The governing body shall only appoint a person referred to in sub-paragraph (1)(b), (c), (d) or (e) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.

10.—(1) Where the school is a community special school, in appointing a parent governor the governing body of a federation shall appoint—

(a) a parent of a registered pupil at the school; or

(b) a parent of a former pupil at the school; or

(c) a parent of a child with special educational needs for which the school is approved; or

(d) a parent with experience of a child with special educational needs.

(2) The governing body of a federation shall only appoint a person referred to in sub-paragraph (1)(b), (c) or (d) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.

Regulation 14

SCHEDULE 3 Election of staff governors

1.  The authority may delegate to the head teacher of the federation or, where appropriate, the head teacher of the school in question, any of its functions under this Schedule.

2.  Subject to paragraphs 3 and 4, the authority shall make all the necessary arrangements for the election of staff governors.

3.  The power conferred by paragraph 2—

(a) includes the power to make provision as to qualifying dates, but

(b) does not include power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected.

4.  Any election which is contested shall be held by ballot.

Regulation 16

SCHEDULE 4 Appointment of community governors in federations which include community special schools

1.  Subject to paragraphs 2 and 3, the governing body of a federation which includes a community special school shall appoint community governors in accordance with regulation 16(1).

2.—(1) In relation to a community special school established in a hospital, the authority shall designate either—

(a) one or more primary care trusts; or

(b) the National Health Service Trust,

with which the school is most closely connected as the appropriate body.

(2) The governing body of a federation shall invite the appropriate body to nominate (and if more than one, jointly) a person to be appointed as one of the community governors in accordance with regulation 16(2).

(3) For the purposes of this Schedule—

“National Health Service Trust” means a body established by the Secretary of State under section 5 of the National Health Service or Community Care Act 1990(1);

“primary care trust” means a body established under section 16A of the National Health Service Act 1977(2).

3.  The governing body of a federation which includes a community special school not established in a hospital shall appoint as one of their community governors—

(a) if a voluntary organisation is designated by the authority, in relation to the school, as the appropriate voluntary organisation concerned with matters in respect of which the school is specially organised, a person (if any) nominated by that organisation; or

(b) if two or more voluntary organisations are so designated, a person (if any) nominated by those organisations acting jointly.

Regulation 18

SCHEDULE 5 Appointment of sponsor governors

1.  In this Schedule, “sponsor” in relation to a federation means—

(a) a person who gives or has given substantial financial assistance (which for these purposes includes benefits in kind) to the federation or to a federated school other than pursuant to statutory obligation; or

(b) any other person (not being otherwise represented on the governing body of a federation) who provides or has provided substantial services to the federation or to a federated school.

2.  Where the federation has one or more sponsors, the governing body of a federation may determine that the instrument of government shall provide for the governing body of a federation to appoint such number of sponsor governors, not exceeding two, nominated in accordance with paragraph 3.

3.  The governing body of a federation shall seek nominations for such appointments from the federation’s or federated school’s sponsor or (as the case may be) from one or more of the federation’s or federated school’s sponsors.

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.

Regulation 25

SCHEDULE 7 Modification of the Procedure Regulations

1.  In regulation 3(1) for “regulation 11 of the Constitution Regulations” 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”.

2.  In regulation 5 for paragraph (3) there shall be substituted the following paragraph—

“(3) A governor who is paid to work at the federation or at a federated school or who is a pupil at a federated school is not eligible to be chair or vice-chair of the governing body of the federation in question.”.

3.  In regulations 5(5)(b), 13(3)(a), 15(1)(a), 15(1)(d) and 24(9)(a) and paragraphs 1(2) and 3(1) and (2) of the Schedule(3) for “school” there shall be substituted “federation or a federated school”.

4.  In regulation 6 for paragraph (2) there shall be substituted the following paragraph—

“(2) The circumstances are that a delay in exercising the function would be likely to be seriously detrimental to the interests of—

(a) the federation or a federated school;

(b) any pupil at a federated school, or his parent; or

(c) a person who works at the federation or at a federated school.”.

5.  In regulations 8(3)(c), 10(1)(b), 18(1)(b), 21(1), 23(1)(b) and 24(2) and in paragraph 3(2) of the Schedule, for “head teacher of a school” there shall be substituted “head teacher of the federation or of a federated school”.

6.  In regulation 8(6) for “If at any time the school does not have delegated budget” there shall be substituted “If at any time no federated school has a delegated budget”.

7.  In regulations 11(5)(c), 12(4), 13(3)(b), 17(3) and 24(9)(b) for “the school” there shall be substituted “a federated school”.

8.  In regulations 12(5), 14(1)(b), 14(2) and 14(4) to (6) for “school” there shall be substituted “federation”.

9.  In regulations 11(4)(b), 14(1)(a)(4), 16(1)(c) and 21(2) for “the head teacher” there shall be substituted “the head teacher of the federation or a federated school”.

10.  In regulation 15(1) for sub-paragraph (c) there shall be substituted the following sub-paragraph—

“(c) that the governor has acted in a way that is inconsistent with the ethos of the federation and has brought or is likely to bring the federation or the governing body or his office into disrepute; or”

11.  In regulation 19 for “school staff” there shall be substituted “staff of a federation or federated school”.

Regulation 26

SCHEDULE 8 Modification of the Staffing Regulations

1.  In regulation 10 there shall be inserted “and federations or federated schools(5)” after “maintained nursery schools”.

2.  In regulations 4(2)(a) and (c), 4(3), 4(4) and 13(1)(a) for “head teacher” there shall be substituted “head teacher of the federation or a federated school”.

3.  In regulation 5—

(a) for “head teacher of a school” there shall be substituted “head teacher of a federation or of a federated school”; and

(b) after “sending a copy to the” there shall be inserted “relevant”.

4.  In regulation 16 for paragraph (1) there shall be substituted the following paragraph—

“16.— (1) Subject to regulation 18, where, in the opinion of the governing body of the federation or (as the case may be) the head teacher, his suspension is required—

(a) both the governing body of the federation and the head teacher of the federation or a federated school shall have the power to suspend any person employed to work at the federation; and

(b) both the governing body of the federation and the head teacher of the federation or a federated school shall have the power to suspend any person employed to work at that federated school.”.

5.  In regulation 17 and paragraphs 2(2), 2(3) and 2(6)(a) and (b) of the Schedule for “the school” there shall be substituted “the federation or a federated school”.

6.  In regulation 18(1) and (3) for “work at a school” there shall be substituted “work at the federation or a federated school”.

7.  In regulations 28(2), 29, 30(3) and 31(1) and paragraph 2(5) of the Schedule for “relevant school” there shall be substituted “relevant federated school or federation”.

8.  In regulation 28(2) for “school or schools” there shall be substituted “federated school or federation”.

9.  In regulations 30 and 31 for sub-paragraphs (a), (b) and (c) of paragraph (1) there shall be substituted the following sub-paragraphs—

“(a) the head teacher of one or more of the collaborating federated schools or federations;

(b) one or more governors from any of the collaborating governing bodies; or

(c) one or more head teachers with one or more governors from any of the collaborating federated schools or federations.”

(1)

1990 c. 19 as amended by the Health Act 1999 (c. 8).

(2)

1977 c. 49 as amended by the Health Act 1999.

(3)

As substituted by regulation 4 of the School Governance (Constitution and Procedures) (England) (Amendment) Regulations 2003.

(4)

As substituted by regulation 3 of the School Governance (Constitution and Procedures) (England) (Amendment) Regulations 2003.

(5)

Federated in accordance with the Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003.