The Federation of Maintained Schools (Wales) Regulations 2014
PART 1INTRODUCTION
1Title, commencement and application
2Revocation, transitional provisions and savings
3Interpretation
PART 2ESTABLISHING OR JOINING A FEDERATION
4General
5Procedure for federation – governing body proposed
6Publication of proposals – governing body proposed
7Consideration of responses to proposals and determination as to whether to proceed – governing body proposed
8New schools wishing to federate
9Procedure for federation - local authority proposed
10Consideration of responses to proposals and determination as to whether to proceed – local authority proposed
11Procedure for federation - small schools
12Consideration of responses to proposals and determination as to whether to proceed – small schools
13Incorporation of governing bodies of federations and dissolution of former governing bodies
PART 3CATEGORIES OF GOVERNOR
14Parent governors
15Teacher governors
16Staff governors
17Local authority governors
18Community governors
19Additional community governors
20Foundation governors
21Partnership governors
22Sponsor governors
23Representative governors
24Associate pupil governors
PART 4COMPOSITION OF GOVERNING BODIES OF A FEDERATION
25General principles
26Federation comprising only community, community special and maintained nursery schools
27Federation comprising only foundation schools
28Federation comprising voluntary controlled schools only
29Federation comprising voluntary aided schools only
30Federation comprising voluntary controlled and voluntary aided schools
31Additional Community Governors
32Notification of vacancies and appointments
33Joint appointments
34Surplus Governors
PART 5QUALIFICATIONS AND TERM OF OFFICE
35Qualifications and disqualifications
36Term of office
37Resignation
38Removal of local authority, foundation, representative, additional community and sponsor governors
39Removal of community governors
40Removal of appointed parent governors, partnership governors and associate pupil governors
41Procedure for removal of governors by the governing body
PART 6INSTRUMENT OF GOVERNMENT, STAFFING, SCHOOL COUNCILS AND CHARITABLE STATUS
42Duty to have regard to guidance
43Contents and form of instrument of government
44Procedure for making an instrument
45Review of instruments of government
46Other requirements relating to instruments of government
47Staffing of federations
48School Council Regulations
49Charitable status of federations
PART 7APPOINTMENT, FUNCTIONS AND REMOVAL OF OFFICERS
50Election of the chair and vice-chair
51Delegation of functions to the chair or vice-chair in cases of urgency
52Removal of the chair or vice-chair from office
53Appointment and removal of the clerk to the governing body
54Functions of the clerk to the governing body
PART 8MEETINGS AND PROCEEDINGS OF GOVERNING BODIES
55Right of persons to attend meetings of the governing body
56Exclusion of associate pupil governors from meetings
57Convening meetings of the governing body
58Quorum and proceedings of the governing body
59Minutes and papers
60Publication of minutes and papers
61Suspension of governors
62Delegation of functions
63Restrictions on delegation and specified committees
64Reporting to the governing body following the exercise of delegated functions
PART 9COMMITTEES OF GOVERNING BODIES
65Application of this Part
66Establishment of committees of the governing body
67Staff disciplinary and dismissal committee and disciplinary and dismissal appeals committee
68Pupil discipline and exclusions committee
69Admissions committee
70Clerks to committees
71Right of persons to attend meetings of committees
72Meetings of committees
73Minutes of meetings of committees
74Publication of minutes and papers
PART 10RESTRICTIONS ON PERSONS TAKING PART IN PROCEEDINGS OF THE GOVERNING BODY OR ITS COMMITTEES
75Restrictions on persons taking part in proceedings
PART 11INFORMATION AND FUNDING
76Information for the governing body of a federation
77Financing of federations
78Modification of Chapter 4 of Part 2 of the 1998 Act
PART 12FEDERATED SCHOOLS LEAVING FEDERATIONS
79Procedure for a school to leave a non local authority federation
80Procedure for a school to leave a local authority federation
81Decision to permit federated school to leave a federation
82Availability of amounts representing budget share
83Incorporation of governing body of a school leaving a federation
84Transfer of property
PART 13DISSOLUTION OF FEDERATIONS
85Dissolution by governing body of non local authority federations
86Dissolution by governing body of local authority federations
87Dissolution by local authority of local authority federations
88Establishment of temporary governing body
89Availability of amounts representing budget share
90Incorporation of governing body of a school leaving a federation
91Transfer of property
PART 14AMENDMENTS TO REGULATIONS
92Amendments to the Collaboration Between Education Bodies (Wales) Regulations 2012
93Amendments to the Government of Maintained Schools (Training Requirements for Governors) (Wales) Regulations 2013
94Amendments to the Government of Maintained Schools (Clerk to a Governing Body) (Wales) Regulations 2013
SCHEDULE 1Temporary governing bodies of new schools intending to federate
1General principles
2In determining the size of the membership of the temporary...
3In determining the size of the membership of the temporary...
4Where application of paragraphs 5 to 10 produces a number...
5Temporary governing body for new community, community special and maintained nursery schools
6Temporary governing body for new voluntary controlled schools
7Temporary governing body for new voluntary aided schools
8Temporary governing body for new voluntary controlled and voluntary aided schools
9Temporary sponsor governors
10Temporary associate pupil governors
11Temporary additional community governors
SCHEDULE 2Election and appointment of parent governors
1Subject to paragraph 2(2), in this Schedule “appropriate body” (“corff...
2(1) Where a local authority is the appropriate body in...
3Subject to paragraphs 4 to 8 the appropriate body must...
4The appropriate body must determine for the purposes of an...
5The duty conferred by paragraph 3— (a) does not include...
6Any election which is contested must be held by secret...
7(1) The arrangements made under paragraph 3 must provide for...
8Where a vacancy for a parent governor arises, the appropriate...
9The number of parent governors required must be made up...
10(1) Except where paragraph 11 applies, in appointing a parent...
11(1) Where the school is a community special school, in...
SCHEDULE 3Election of teacher and staff governors
1Subject to paragraphs 2 to 4, the governing body of...
2The governing body of the federation is to determine for...
3The duty conferred by paragraph 1— (a) does not include...
4Any election which is contested must be held by secret...
SCHEDULE 4Appointment of partnership governors
1Where a partnership governor is required, the governing body of...
2No person may nominate for appointment, or appoint, a person...
3Subject to paragraph 4(2), no governor may nominate a person...
4(1) The governing body must appoint such number of partnership...
5(1) Where the governing body of a federation makes an...
6The governing body of a federation must make all necessary...
SCHEDULE 5Appointment of sponsor governors
1In this Schedule, “sponsor” (“noddwr”) in relation to a federation...
2Where the federation has one or more sponsors, the governing...
3The governing body of a federation must seek nominations for...
SCHEDULE 6Appointment of representative governors
1(1) In relation to a community special school established in...
2Where a community special school is not established in a...
SCHEDULE 7Qualifications and disqualifications
1General
2No person may at any time hold the office of...
3Save as otherwise provided in these Regulations, the fact that...
4Mental disorder
5Failure to attend meetings
6Bankruptcy
7Disqualification of company directors
8Disqualification of charity trustees
9Persons whose employment is prohibited or restricted
10Criminal convictions
11Governors of more than two schools
12Failure to complete required training
13Refusal to make an application for a criminal records certificate
14Notification to clerk
SCHEDULE 8Modification of the Staffing Regulations
1In regulation 3, after paragraph (7) insert the following paragraph—...
2In regulation 4, for paragraph (1) substitute—
3In regulation 6(1)(a), after “sending a copy to the” insert...
4In regulations 7(1), (2)(a) to (c) and (4)(c), 24A(2) and...
5In regulation 7(3) for “school’s staff” substitute “federation or federated...
6In regulation 7(4)(a) for “school” substitute “federation”.
7In regulation 7(4)(b) and (d) for “school” substitute “federated school”....
8In regulations 9 and 20 after “This Part applies to”...
9In regulations 9A(3), 9B and 20A(3), for “school” in each...
10In regulation 10(11) for “work at the school” substitute “work...
11In regulations 12(1), 12(4), 12(9)(b), 12(15), 15A(1), (2) and (5),...
12In regulations 15A(4), 18(3) and 24A(4) for “work at the...
13In regulation 16 for paragraph (1) substitute—
14In regulation 17(4) for “school’s” substitute “federated school’s”.
15In regulation 18(1) for “work at a school” substitute “work...
16In regulation 18(3) for “school” in the first place it...
17In regulations 18A and 26A for “school” substitute “federation or...
18In regulation 19(1) after “applies to a” insert “federated”.
19In regulation 19(2)(a) after “teachers at the” insert “federated”.
20In regulation 19(4) after “apply to a” insert “federated”.
21In regulation 23(1) after “foundation school” insert “which is a...
22In regulation 23(5) for “school” substitute “federated school”.
23In regulation 24, after paragraph (8) insert—
24In regulation 24A for paragraph (1) substitute—
25In regulation 28 for paragraph (1) substitute—
26In regulation 32, for paragraph (2) substitute—
27In regulation 32(3) for “the school” substitute “a federated school”...
28In regulations 33(1) and 34(1) after “voluntary aided school” insert...
29In regulation 35, after “school” insert “which is to be...
SCHEDULE 9Modification of the School Councils Regulations
1In regulation 2 in the definition of “school” for “maintained...
2In regulation 2 in the definition of “infant school” for...
3In regulation 2 in the definition of “special educational needs...
4In regulation 3 for paragraph (1) substitute—
5In regulation 3(2) for “head teacher of a school” substitute...
6In regulation 3(3) for “head teacher of a school” substitute...
7In regulation 3(4) for “head teacher of a school” substitute...
8In regulation 4(2) for “head teacher” substitute “head teacher of...
9In regulation 4(4) for “head teacher of any school” substitute...
10For regulation 7 substitute— (1) The head teacher of the...
SCHEDULE 10Restrictions on persons taking part in proceedings of the governing body or its committees
1Pecuniary interests
2Office of governor, chair, vice-chair or clerk
3Pay or appraisal of persons working at the school
4Appointment of staff
5Persons who are members of more than one governing body

2014 No. 1132 (W. 111)

Education, Wales

The Federation of Maintained Schools (Wales) Regulations 2014

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers, in exercise of the powers conferred on the National Assembly for Wales in sections 19(2), (3) and (8), 20(2), (3) and (4A), 34(5), 35(4) and (5), 36(4) and (5), 210(7), and 214 of the Education Act 2002 and now vested in them1 and in exercise of their powers in sections 6, 10, 11, 12, 13, 14, 18 and 32 of the Education (Wales) Measure 20112 make the following Regulations: