The School Governance (Federations) (England) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations apply to federations consisting of all categories of maintained schools in England.

Part 1 provides for the Regulations to come into force on 1st September 2012, and contains application, savings and transitional provisions and the interpretation provisions.

Part 2 sets out the circumstances in which a federation can be established or a school can join an existing federation. At least two schools can federate in accordance with section 24 of the Education Act 2002.

Regulations 7 to 13 set out the procedure for schools to federate including circumstances where a federation wishes to join another federation to form a new federation and where a new school wishes to join a federation.

Regulation 13 provides that on the federation date the governing bodies of the individual schools dissolve and the governing body of the federation is incorporated. All relevant land, property, rights and liabilities are transferred to the governing body of the federation.

Part 3 describes the various categories of governor. Regulation 14 and Schedule 2 deal with parent governors and set out the basis on which they are elected or appointed.

Regulation 15 deals with staff governors. This category includes both teaching and non-teaching staff and the head teacher of each federated school or of the federation. Every head teacher, whether the head teacher of a federation or the head teacher of a school within the federation, is a staff governor by virtue of being the head teacher but may resign as governor (or withdraw the resignation) at any time. Schedule 3 sets out the election process for other staff governors.

Regulation 16 deals with the appointment of local authority governors.

Regulation 17 deals with the appointment of foundation governors, including ex officio foundation governors and substitute governors.

Regulation 18 and Schedule 4 make provision for the nomination and appointment of partnership governors.

Regulation 19 makes provision for the appointment of an optional category of co-opted governor.

Regulation 20 provides for the appointment of persons who are not governors (known as associate members) to committees of the governing body of a federation.

Part 4 sets out the requirements regarding composition of governing bodies of federations.

Part 5 applies provisions within other sets of Regulations to the governing bodies of federations, and to governors, where certain modifications are required as set out in Schedules 5 to 7. Provisions relating to the exercise of the power to nominate and appoint a governor and relating to qualifications and terms of office apply, together with provisions dealing with the procedure for making, reviewing and varying a federation’s instrument of government and the contents of that instrument of government. The instrument of government of a federation must conform to the School Governance (Constitution) (England) Regulations 2012.

Part 5 also deals with information and funding matters. Regulation 27 provides for the governing bodies of each school which will be part of a federation to provide specified information to assist the governing body of the federation.

Regulation 28 applies Chapter 4 of Part 2 of SSFA 1998 to federations subject to regulation 29 and Schedule 8, which modify section 50 of SSFA 1998 as it applies to federated schools and the governing bodies of federations. The modified section 50 applies until a temporary governing body is established when a school proposes to leave a federation or when a federation is dissolved.

Part 6 sets out the procedure required where a federated school wishes to leave the federation. Regulation 35 provides that where a school is to leave a federation, the local authority must establish a temporary governing body and issue an instrument of government in respect of that school and review the instrument of government of the federation.

Regulation 38 provides for the incorporation of the governing body of the school leaving the federation on the de-federation date and regulation 39 deals with the transfer of land, property, rights and liabilities to the governing body of the school leaving the federation.

Part 7 sets out the procedure for the dissolution of a federation. The local authority must establish a temporary governing body for each school within the federation and issue an instrument of government in relation to each school.

Part 8 sets out the procedure applying where one or more federated schools are being discontinued or are converting to Academies. Regulations 41 to 43 deal with the procedure for the situation where the federation is dissolved in these circumstances and regulation 45 deals with the procedure where the federation is not dissolved.

Part 9 sets out the proportion of governors and other requirements regarding an application for an Academy order in respect of a federated school.