PART 1INTRODUCTION

Title, commencement and application1

1

The title of these Regulations is the Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010 and they come into force on 12 April 2010.

2

These Regulations apply in relation to Wales.

Interpretation2

1

In these Regulations—

  • “the 1996 Act” (“Deddf 1996”) means the Education Act 19963

  • “the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 19984;

  • “the 2002 Act” (“Deddf 2002”) means the Education Act 2002;

  • “acting head teacher” (“pennaeth dros dro”) means a person appointed to carry out the functions of the head teacher of the school, pending the appointment of head teacher or in the absence of the head teacher;

  • “appropriate diocesan authority” (“awdurdod esgobaethol priodol”) has the meaning given by section 142(1) and (4) of the 1998 Act;

  • “appropriate religious body” (“corff crefyddol priodol”) in relation to a school designated under section 69(3) of the 1998 Act as having a religious character that is not a Church in Wales school or a Roman Catholic Church school, means the body that the Welsh Ministers consider appropriate in relation to the religion or religious denomination to which the school belongs;

  • “day” (“diwrnod”) means school day as defined by section 579 of the 1996 Act;

  • “the federation date” (“y dyddiad ffedereiddio”) means the date on which governing bodies federate;

  • “governing body” (“corff llywodraethu”) means a governing body incorporated under section 19(1) of the 2002 Act or these Regulations as appropriate;

  • “the Government of Maintained Schools Regulations” (“y Rheoliadau Llywodraethu Ysgolion a Gynhelir”) means the Government of Maintained Schools (Wales) Regulations 20055;

  • “local authority” (“awdurdod lleol”) means the local education authority in Wales by which a maintained school is, or a proposed school is to be, maintained; and where a federation includes schools maintained by different local education authorities in Wales, “relevant local authority” (“awdurdod lleol perthnasol”) means the local education authority by which a maintained school is, or a proposed school is to be, maintained;

  • “the New Maintained Schools Regulations” (“y Rheoliadau Ysgolion a Gynhelir Newydd”) means the New Maintained Schools (Wales) Regulations 20056;

  • “new school” (“ysgol newydd”) has the same meaning as in regulation 3 of the New Maintained Schools Regulations;

  • “pupil” (“disgybl”) has the meaning given by section 3 of the 1996 Act;

  • “school council” (“cyngor ysgol”) means a council established in accordance with regulation 3 of the School Councils Regulations;

  • “the School Council Regulations” (“y Rheoliadau Cynghorau Ysgol”) means the School Councils (Wales) Regulations 20057;

  • “school teacher” (“athro neu athrawes ysgol”) is to be interpreted in accordance with section 122 of the 2002 Act;

  • “the Staffing Regulations” (“y Rheoliadau Staffio”) means the Staffing of Maintained Schools (Wales) Regulations 20068 and;

  • “working day” (“diwrnod gwaith”) means any day other than a Saturday, a Sunday or a day which is a bank holiday within the meaning of section 1 of the Banking and Financial Dealings Act 19719.

2

Any reference in these Regulations to—

a

the governing body or governors of a school is to be construed, in relation to a federated school, as a reference to the governing body or governors of the federation; and

b

the instrument of government of a school is to be construed, in relation to a federated school, as a reference to the instrument of government of the federation.