The Federation of Maintained Schools (Wales) Regulations 2014

Review of instruments of government

45.—(1) The governing body or the local authority may review the instrument of government at any time after it is made.

(2) Where on any review the governing body or the local authority decides that the instrument of government should be varied, the governing body or (as the case may be) the local authority must notify the other of its proposed variation together with its reasons for proposing such a variation.

(3) Where the governing body has received notification under paragraph (2), it must inform the local authority as to whether or not it is content with the proposed variation and, if not content, its reasons.

(4) Where the federation has foundation governors, the governing body must not—

(a) give the local authority any notification under paragraph (2); or

(b) inform the local authority under paragraph (3) that it is content with the local authority’s proposed variation;

unless the persons listed in regulation 44(3) have approved the proposed variation.

(5) If—

(a) whichever of the governing body and the local authority is the recipient of a notification under paragraph (2) agrees with the proposed variation; or

(b) there is agreement between the local authority, the governing body and (if the federation has foundation governors) the other persons listed in regulation 44(3) that some other variation should be made instead;

the local authority must vary the instrument of government accordingly.

(6) If, in the case of a federation which has foundation governors, at any time the persons listed in regulation 44(3) disagree with the proposed variation any of those persons may refer it to the Welsh Ministers; and on such a reference the Welsh Ministers must give such direction as they think fit having regard, in particular, to the categories of school which make up the federation.

(7) If neither sub-paragraphs (a) and (b) of paragraph (5) applies in the case of a federation which does not have foundation governors, the local authority must—

(a) inform the governing body of the reasons—

(i) why it is not content with the governing body’s proposed variation, or as the case may be;

(ii) why it wishes to proceed with its own variation; and

(b) give the governing body a reasonable opportunity to reach agreement with it with regard to the variation;

and the instrument of government must be varied by it either in the manner agreed between it and the governing body or (in the absence of such agreement) in such manner as it thinks fit having regard, in particular, to the categories of school which make up the federation.

(8) Nothing in this regulation is to be taken as requiring the local authority to vary the instrument of government if it does not consider it appropriate to do so.

(9) Where an instrument of government is varied under this regulation the instrument must set out the date on which the variation takes effect.