The School Governance (Federations) (England) Regulations 2012

Statutory Instruments

2012 No. 1035

Education, England

The School Governance (Federations) (England) Regulations 2012

Made

14th April 2012

Laid before Parliament

19th April 2012

Coming into force

1st September 2012

The Secretary of State for Education makes the following Regulations in exercise of the power conferred by sections 19(1A), (2), (3), (4A), (4B) and (8), 20(2), (3) and (4), 24, 25, 34(5), 35(4) and (5), 36(4) and (5) and 210(7) of the Education Act 2002(1) and section 3(6) of the Academies Act 2010(2).

PART 1 E+W GENERAL PROVISIONS

Citation, commencement and application E+W

1.  These Regulations may be cited as the School Governance (Federations) (England) Regulations 2012 and come into force on 1st September 2012.

Commencement Information

I1 Reg. 1 in force at 1.9.2012, see reg. 1

[F1 2.   These Regulations apply to governing bodies of maintained schools in England that are either federated governing bodies or are proposing to federate.] E+W

Textual Amendments

F1 Reg. 2 substituted (1.9.2015) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(2)

Commencement Information

I2 Reg. 2 in force at 1.9.2012, see reg. 1

Revocation, saving and transitional provisions E+W

[F2 3.   The School Governance (Federations) (England) Regulations 2007(3) are revoked.]

Textual Amendments

F2 Reg. 3 substituted (1.9.2015) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(3)

Commencement Information

I3 Reg. 3 in force at 1.9.2012, see reg. 1

4.—F3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(2) A decision by a governing body under regulation 32(2) of the School Governance (Constitution) (England) Regulations 2007 is to be treated for the purposes of these regulations as a decision of the governing body under regulation 30(2) of the School Governance (Constitution) (England) Regulations 2012(4).

Textual Amendments

F3 Reg. 4(1) omitted (1.9.2015) by virtue of The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(4)

Commencement Information

I4 Reg. 4 in force at 1.9.2012, see reg. 1

Interpretation E+W

5.—(1) In these Regulations—

“ERA 1988” means the Education Reform Act 1988(5);

“SSFA 1998” means the School Standards and Framework Act 1998(6);

“EA 2002” means the Education Act 2002;

“EIA 2006” means the Education and Inspections Act 2006(7);

“AA 2010” means the Academies Act 2010(8);

“appropriate diocesan authority” has the meaning given by section 142(1) and (4) of SSFA 1998;

“appropriate religious body”, in relation to a school designated under section 69(3) of SSFA 1998 as having a religious character that is not a Church of England school or a Roman Catholic Church school, means the body or person, if any, that represents the specified religion or religious denomination and that is prescribed under section 88F(3)(e) of SSFA 1998;

“the Constitution Regulations 2012” means the School Governance (Constitution) (England) Regulations 2012;

“day” means school day as defined by section 579 of the Education Act 1996;

“the federation date” means the date on which governing bodies federate;

“governing body” means a governing body incorporated under section 19(1) of EA 2002 or these Regulations as appropriate;

“the local authority” means the local authority by which a maintained school is, or a proposed school is to be, maintained;

“new school” has the same meaning as in the New Schools Regulations;

“the New Schools Regulations” means the School Governance (New Schools) (England) Regulations 2007(9)

“parent” includes any individual who has or has had parental responsibility for, or cares or has cared for, a child or young person under the age of 19;

“relevant local authority” means the local authority in which a federated school is situated and which is responsible for maintaining that school;

[F4 “the Roles and Procedures Regulations” means the School Governance (Roles, Procedures and Allowances) (England) Regulations 2013]

“qualifying foundation school” means a foundation or a foundation special school which has a foundation which meets any one or more of the conditions in section 23A(2),(3) and (4) of the SSFA 1998(10); and

“the Staffing Regulations” means the School Staffing (England) Regulations 2009(11).

Textual Amendments

F4 Words in reg. 5 substituted (1.9.2013) by The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013 (S.I. 2013/1624), reg. 1(1), Sch. 2 para. 2(a) (with reg. 1(3))

Commencement Information

I5 Reg. 5 in force at 1.9.2012, see reg. 1

PART 2 E+W ESTABLISHING OR JOINING A FEDERATION

Prescribed cases E+W

6.—(1) Regulations 7 to 10 apply where at least two governing bodies propose to federate in accordance with section 24 of EA 2002.

(2) Regulations 11 and 12 apply where it is proposed to establish a new school and either—

(a) the temporary governing body wish to federate with one or more governing bodies;

(b) the local authority propose that the school should be a federated school; or

(c) where the school is to be a foundation or voluntary school proposals for the establishment of which were published by proposers, the proposers propose that the school be a federated school.

Commencement Information

I6 Reg. 6 in force at 1.9.2012, see reg. 1

Procedure for schools proposing to federate E+W

7.—(1) Where a governing body are proposing to federate, they must first consider a report on the proposal.

(2) The consideration of the report must be specified as an item on the agenda for the meeting of which notice has been given in accordance with [F5 regulation 13(4) of the Roles and Procedures Regulations].

Textual Amendments

F5 Words in reg. 7(2) substituted (1.9.2013) by The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013 (S.I. 2013/1624), reg. 1(1), Sch. 2 para. 2(c) (with reg. 1(3))

Commencement Information

I7 Reg. 7 in force at 1.9.2012, see reg. 1

8.—(1) Where a governing body propose to federate with the governing body of a federation, they must give notice of the proposal to the governing body. E+W

(2) Upon receipt of the notice, the governing body of that federation must consider whether to—

(a) give preliminary consent to the governing body joining the federation (“preliminary consent”); or

(b) reject the proposal for the governing body to join the federation.

Commencement Information

I8 Reg. 8 in force at 1.9.2012, see reg. 1

9.—(1) Where a governing body propose to federate with one or more other governing bodies and, where necessary, preliminary consent has been given, they must jointly with the other governing body or bodies publish proposals for federation. E+W

(2) The proposals must contain the following—

(a) the name or names of the governing body or bodies with which the governing body propose to federate and confirmation that that governing body, or those governing bodies, agree with the proposal to federate;

(b) the proposed size of the governing body of the federation;

(c) the proposed number of governors for each category of governor;

(d) the proposed arrangements for staffing the schools within the federation;

(e) the proposed federation date;

(f) the identity of the admission authority or authorities for the schools within the federation;

(g) the date, not less than six weeks after the publication of the proposals, by which written representations may be made to any governing body regarding the proposals and the address to which they should be sent; and

(h) such other matters as the governing bodies consider appropriate.

(3) The governing bodies proposing to federate must publish the proposals by sending them to—

(a) the Secretary of State;

(b) the relevant local authorities;

(c) the head teacher of each school;

(d) in the case of any school with a foundation—

(i) the foundation governors; and

(ii) the trustees of any trust relating to the school;

(e) where any of the schools are designated under section 69(3) of SSFA 1998 as having a religious character, the appropriate diocesan authority in the case of a Church of England or Roman Catholic Church school, or the appropriate religious body in the case of any other school;

(f) all staff paid to work at any of the schools;

(g) every person known to them to be a parent of a registered pupil at any of the schools; and

(h) such other persons as the governing bodies consider appropriate.

(4) A copy of the proposals must be made available for inspection at all reasonable times at each school.

Commencement Information

I9 Reg. 9 in force at 1.9.2012, see reg. 1

10.—(1) The governing bodies proposing to federate must jointly consider any responses to the proposals and each governing body must determine whether— E+W

(a) to proceed with the proposals for federation as published;

(b) to proceed with the proposals for federation with such modifications as the governing body consider appropriate; or

(c) not to proceed with the proposals for federation.

(2) The modifications referred to in paragraph (1)(b) may not include a change in the identity of the governing bodies proposing to federate.

(3) All the governing bodies which determine to proceed must jointly give notice of that fact to the relevant local authority or authorities and the Secretary of State within one week of that determination.

(4) Any governing body which determines not to proceed must give notice of that fact to the Secretary of State within one week of that determination.

Commencement Information

I10 Reg. 10 in force at 1.9.2012, see reg. 1

New schools proposing to federate E+W

11.—(1) Where it is proposed that a new school should federate with one or more schools or a federation, paragraph (2) or (3) applies as appropriate.

(2) Where a temporary governing body has been established, regulations 7 to 10 have effect as if references to a governing body proposing to federate were references to a temporary governing body proposing to federate.

(3) Where a temporary governing body is yet to be established, regulations 7 to 10 have effect as if—

(a) references to the governing body proposing to federate were references to the local authority or, where proposals are to establish a foundation or voluntary school proposals for the establishment of which were published by proposers, the proposers;

(b) regulation 7(2) were omitted; and

(c) in regulation 9(2)(a) for “the governing body propose to federate” there were substituted “the authority or the proposers propose that the temporary governing body of the new school should federate”.

Commencement Information

I11 Reg. 11 in force at 1.9.2012, see reg. 1

12.—(1) Parts 1 to 3 and 5 to 7 of the New Schools Regulations apply to a temporary governing body constituted pursuant to this regulation. E+W

(2) Where it is proposed that two or more new schools should federate together, with or without one or more other schools or other federations, the local authority may make arrangements providing for the constitution of a single temporary governing body for those new schools.

(3) Where the proposed federation includes schools which are maintained by two or more local authorities, those local authorities must agree who may make arrangements providing for the constitution of a single temporary governing body for those new schools.

(4) Where one or more of the new schools referred to in paragraph (2) is to be a foundation or voluntary school proposals for the establishment of which were published by proposers, the local authority must consult the proposers—

(a) as to whether the power given to the local authority in paragraph (2) should be exercised; and

(b) if the local authority propose to exercise it, as to the date on which the arrangements should be made.

(5) Schedule 1 applies to a temporary governing body constituted pursuant to this regulation.

Commencement Information

I12 Reg. 12 in force at 1.9.2012, see reg. 1

Incorporation of governing bodies of federations and dissolution of former governing bodies E+W

13.—(1) On the federation date—

(a) the governing bodies of the federating schools or federations are dissolved;

(b) the governing body of the federation is incorporated;

(c) all land and property which, immediately before the federation date, was held by the governing body of a federating school or federation transfers to, and by virtue of these Regulations vests in, the governing body of the federation; and

(d) all rights and liabilities subsisting immediately before the federation date which were acquired or incurred by the governing body of a federating school or federation are transferred to the governing body of the federation.

(2) Section 198 of and Schedule 10 to ERA 1988(12) (which make further provision in relation to transfers of property, rights and liabilities) apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.

Commencement Information

I13 Reg. 13 in force at 1.9.2012, see reg. 1

PART 3 E+W CATEGORIES OF GOVERNOR

Parent governor E+W

14.—(1) In these Regulations “parent governor” means—

(a) a person who—

(i) is elected as a governor F6 ... in accordance with paragraphs 3 to 7 of Schedule 2 by—

(aa) parents of registered pupils(13) at [F7 a] federated school, or

(bb) parents of children for whom educational or other provision is made on the premises of [F8 a] federated school when it is a maintained nursery school (including any such provision made by the governing body under section 27(14) of EA 2002); and

(ii) is such a parent at the time of the election; or

(b) a person appointed as a parent governor F9 ... in accordance with [F10 paragraphs 8 to 11] of Schedule 2.

(2) Schedule 2 applies to the election and appointment of parent governors.

(3) A person is disqualified from election or appointment as a parent governor F11 ... if the person is—

(a) an elected member of the local authority; or

(b) paid to work at the federation or a federated school for more than 500 hours in any consecutive twelve month period.

(4) A person (“P”) is not disqualified from continuing to hold office as a parent governor because P ceases to be a parent of a registered pupil at a federated school or to fulfil any of the requirements set out in paragraphs 9 and 10 of Schedule 2 (as the case may be).

Textual Amendments

F6 Words in reg. 14(1)(a)(i) omitted (1.9.2016) by virtue of The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 (S.I. 2016/204), regs. 1(3), 3(2)(a)

F7 Word in reg. 14(1)(a)(i)(aa) substituted (1.9.2016) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 (S.I. 2016/204), regs. 1(3), 3(2)(c)

F8 Word in reg. 14(1)(a)(i)(bb) substituted (1.9.2016) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 (S.I. 2016/204), regs. 1(3), 3(2)(d)

F9 Words in reg. 14(1)(b) omitted (1.9.2016) by virtue of The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 (S.I. 2016/204), regs. 1(3), 3(2)(b)

F10 Words in reg. 14(1)(b) substituted (1.9.2015) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(5)

F11 Words in reg. 14(3) omitted (1.9.2016) by virtue of The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 (S.I. 2016/204), regs. 1(3), 3(2)(e)

Commencement Information

I14 Reg. 14 in force at 1.9.2012, see reg. 1

Staff governors E+W

15.—(1) In these Regulations “staff governor” means a person who—

(a) is elected in accordance with Schedule 3 as a governor by persons who are employed by either the governing body of the federation, or the local authority under a contract of employment providing for those persons to work at the federation or federated school, and

(b) is so employed at the time of the election referred to in sub-paragraph (a).

(2) Upon ceasing to work at the federation or at a school within the federation, a staff governor is disqualified from continuing to hold office as such a governor.

Commencement Information

I15 Reg. 15 in force at 1.9.2012, see reg. 1

Local authority governors E+W

16.—(1) In these Regulations “local authority governor” means a person who—

(a) is nominated by the local authority; and

[F12 (b) is appointed by the governing body having, in the opinion of the governing body, the skills required to contribute to the effective governance and success of the federation and having met any additional eligibility criteria set by the governing body.]

(2) Where the federation includes schools which are maintained by two or more local authorities, those local authorities must agree who may nominate the local authority governor.

(3) A person is disqualified from appointment as a local authority governor if the person is eligible to be a staff governor.

Textual Amendments

F12 Reg. 16(1)(b) substituted (1.9.2015) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(6)

Commencement Information

I16 Reg. 16 in force at 1.9.2012, see reg. 1

Foundation governors E+W

17.—(1) In these Regulations,

(a) “foundation governor” means a person who—

(i) is appointed to be a member of the governing body of the federation in respect of a particular federated school, by a person other than the local authority,

(ii) is appointed for the purpose of securing that the character of the federated school including, where the federated school has a particular religious character, such religious character, is preserved and developed,

(iii) where the federated school has a foundation, is appointed for the purpose of securing that the federated school is conducted in accordance with the foundation’s governing documents, including, where appropriate, any trust deed relating to the federated school, F13 ...

(iv) would, in the opinion of the person entitled to appoint the foundation governor, be capable of achieving the purposes for which they would be appointed as foundation governor; [F14 and]

[F15 (v) has, in the opinion of the person entitled to appoint the foundation governor, the skills required to contribute to the effective governance and success of the federation.]

(b) “ex officio foundation governor” means a person who is a foundation governor by virtue of an office held by the person; and

(c) “substitute governor” means a foundation governor appointed to act in the place of an ex officio foundation governor who is unwilling or unable to act as a governor or has been removed from office under regulation 21(1) of the Constitution Regulations 2012.

(2) An ex officio foundation governor is, upon ceasing to hold the office from which the governorship derives, disqualified from continuing to hold office as such a governor.

Textual Amendments

F13 Word in reg. 17(1)(a)(iii) omitted (1.9.2015) by virtue of The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(7)(a)

F14 Word in reg. 17(1)(a)(iv) inserted (1.9.2015) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(7)(a)

F15 Reg. 17(1)(a)(v) inserted (1.9.2015) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(7)(b)

Commencement Information

I17 Reg. 17 in force at 1.9.2012, see reg. 1

Partnership governors E+W

18.—(1) In these Regulations “partnership governor” means a person who is appointed as such in accordance with Schedule 4.

(2) A person is disqualified from nomination or appointment as a partnership governor of a federation if the person is—

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

(b) eligible to be a staff governor of the federation;

(c) an elected member of a relevant local authority; or

(d) employed by a relevant local authority in connection with their education functions.

(3) The disqualification criterion in paragraph (2)(d) does not apply in the case of a person who is employed by a local authority in England under a contract of employment providing for the person to work wholly at a school or schools maintained by the local authority.

Commencement Information

I18 Reg. 18 in force at 1.9.2012, see reg. 1

Co-opted governors E+W

19.  In these Regulations “co-opted governor” means a person who is appointed as a governor by the governing body of the federation and who, in the opinion of the governing body, has the skills required to contribute to the effective governance and success of the federation.

Commencement Information

I19 Reg. 19 in force at 1.9.2012, see reg. 1

Associate members E+W

20.—(1) In these Regulations “associate member” means a person appointed by the governing body of a federation as a member of any committee established by them but who is not a governor.

(2) Nothing in this regulation prevents an associate member from being reappointed at the expiry of the associate member’s term of office.

Commencement Information

I20 Reg. 20 in force at 1.9.2012, see reg. 1

[F16 Part 3A E+W

Textual Amendments

F16 Pt. 3A inserted (1.9.2013) by The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013 (S.I. 2013/1624), reg. 1(1), Sch. 2 para. 2(b) (with reg. 1(3))

Roles of the governing body and head teacher E+W

20A— (1) The functions of the governing body include the following core functions—

(a) ensuring that the vision, ethos and strategic direction of the federation and each federated school are clearly defined;

(b) ensuring that the head teacher of the federation or of each federated school performs his or her responsibilities for the educational performance of the school or schools as the case may be; and

(c) ensuring the sound, proper and effective use of the financial resources of the federation and each federated school.

(2) In exercising their functions the governing body shall—

(a) act with integrity, objectivity and honesty and in the best interests of the federation; and

(b) be open about the decisions they make and the actions they take and in particular shall be prepared to explain their decisions and actions to interested parties.

(3) The governing body must appoint a clerk with a view to ensuring their efficient functioning and must have regard to advice from the clerk as to the nature of the governing body’s functions.

(4) The responsibilities of the head teacher of the federation or of each federated school include—

(a) the internal organisation, management and control of the federated schools, or school as the case may be; and

(b) the educational performance of the federated schools, or school as the case may be.

(5) The head teacher of the federation or of a federated school is accountable to the governing body for the performance of all his or her responsibilities.

(6) The head teacher of the federation or of a federated school must comply with any reasonable direction of the governing body.

(7) In this regulation the term “governing body” includes the temporary governing body of new schools intending to federate.]

PART 4 E+W COMPOSITION OF GOVERNING BODIES OF A FEDERATION

Requirements for all federations E+W

21.—(1) The governing body of every federation must be constituted in accordance with this regulation.

(2) The total membership of the governing body of a federation must be no fewer than seven governors.

(3) The governing body of a federation must include the following—

[F17 (a) two parent governors;]

(b) the head teacher of each federated school unless any such head teacher resigns the office of governor in accordance with regulation 19 of the Constitution Regulations 2012;

(c) one staff governor; and

(d) one local authority governor.

(4) The governing body may in addition appoint such number of co-opted governors as they consider necessary provided that the requirements in regulation 22 are met in respect of governing bodies of federations comprising foundation and voluntary schools.

[F18 (5) The total number of co-opted governors who are also eligible to be elected as staff governors under Schedule 3, when counted together with the staff governor and the head teachers, must not exceed one third of the total membership of the governing body.]

Textual Amendments

F17 Reg. 21(3)(a) substituted (1.9.2016) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 (S.I. 2016/204), regs. 1(3), 3(3)

F18 Reg. 21(5) substituted (1.9.2015) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(8)

Commencement Information

I21 Reg. 21 in force at 1.9.2012, see reg. 1

Additional requirements for federations comprising foundation and voluntary schools E+W

22.—(1) The governing body of a federation comprising only foundation or foundation special schools which, in either case, do not have a foundation, must also include at least two (but no more than one quarter of the total) partnership governors.

(2) The governing body of a federation comprising only foundation or foundation special schools which have a foundation but which are not qualifying foundation schools must also include at least two (but no more than 45 per cent of the total) foundation governors.

(3) The governing body of a federation comprising only qualifying foundation schools must also include such number of foundation governors as to outnumber all the other governors by up to two.

(4) The governing body of a federation comprising only voluntary controlled schools must also include at least two (but no more than one quarter of the total) foundation governors.

(5) The governing body of a federation comprising only voluntary aided schools must also include such number of foundation governors as to outnumber all the other governors by two.

(6) The governing body of a federation comprising voluntary controlled schools and community, community special or maintained nursery schools must also include at least one foundation governor.

(7) The governing body of a federation comprising more than one category of school including at least one foundation, foundation special or voluntary aided school must also include at least two foundation governors (or partnership governors as appropriate in respect of any school without a foundation).

F19 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Reg. 22(8) omitted (1.5.2017) by virtue of The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017 (S.I. 2017/487), regs. 1(2), 3(2)

[F20 Surplus governors E+W

22A.— (1) Where—

(a) the governing body of a federation has more governors of a particular category than are provided for by the instrument of government for the federation, and

(b) the excess is not eliminated by the required number of governors resigning,

the number of governors in that category required to eliminate the excess must cease to hold office in accordance with paragraphs (2) to (4).

(2) Foundation governors must cease to hold office such that, in the opinion of those who appointed them under the instrument of government, the foundation governors remaining in office are those best placed to contribute to the effective governance and success of the federation and serve the purposes for which foundation governors are appointed.

(3) Governors who are not foundation governors must cease to hold office such that, in the opinion of the governing body, the governors remaining in office are those with the most relevant skills to contribute to the effective governance and success of the federation.

(4) In determining which governors should cease to hold office in accordance with paragraph (3)—

(a) the governing body must hold a vote in respect of each category in which there are excess governors;

(b) governors must not vote in respect of their own category; and

(c) no governor ceases to hold office until the votes on all categories are cast.

(5) Any procedure set out in the instrument of government for the removal of excess foundation governors does not apply in the circumstances set out in paragraph (1).]

Textual Amendments

F20 Reg. 22A inserted (1.9.2015) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(9)

PART 5 E+W INSTRUMENTS OF GOVERNMENT, PROCEDURES, STAFFING, FINANCING AND CHARITABLE STATUS

Qualifications, tenure of office and instruments of government E+W

23.  Regulations 16 to 31 of, and Schedule 4 (Qualifications and disqualifications) to, the Constitution Regulations 2012 apply to the governing body of a federation and its members subject to the modifications in Schedule 5.

Commencement Information

I22 Reg. 23 in force at 1.9.2012, see reg. 1

Procedures of governing bodies of federations E+W

24.   [F21 The Roles and Procedures Regulations] apply to the procedure of governing bodies of federations subject to the modifications in Schedule 6.

Textual Amendments

F21 Words in reg. 24 substituted (1.9.2013) by The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013 (S.I. 2013/1624), reg. 1(1), Sch. 2 para. 2(d) (with reg. 1(3))

Commencement Information

I23 Reg. 24 in force at 1.9.2012, see reg. 1

Staffing of federations E+W

25.  The Staffing Regulations apply to the staffing of federations subject to the modifications in Schedule 7.

Commencement Information

I24 Reg. 25 in force at 1.9.2012, see reg. 1

Charitable status of federations E+W

26.  The governing body of a federation which includes a foundation, voluntary or foundation special school is a charity but no governing body of a federation which includes only community, community special or maintained nursery schools is a charity.

Commencement Information

I25 Reg. 26 in force at 1.9.2012, see reg. 1

Information for the governing body of a federation E+W

27.—(1) Immediately before the federation date, the governing body of a school which is to become a federated school must prepare, for the purpose of assisting the governing body of the federation, a written report on the action which they have taken in the discharge of their functions relating to the school.

(2) All minutes and papers of a governing body of a school which is to become a federated school on the federation date, including the report prepared under paragraph (1), must be made available to the governing body of the federation.

Commencement Information

I26 Reg. 27 in force at 1.9.2012, see reg. 1

Financing of federations E+W

28.  Except as provided by regulation 29, Chapter 4 of Part 2 of SSFA 1998 (Financing of maintained schools) applies to federated schools and their governing bodies as it applies to other maintained schools and their governing bodies.

Commencement Information

I27 Reg. 28 in force at 1.9.2012, see reg. 1

29.  In their application to a federated school in England, other than one for which a temporary governing body is established pursuant to regulations 31(3), 35 or 41(3), sections 49 to 51 of, and Schedule 15 to, SSFA 1998 have effect subject to the modifications in Schedule 8. E+W

Commencement Information

I28 Reg. 29 in force at 1.9.2012, see reg. 1

PART 6 E+W FEDERATED SCHOOLS LEAVING FEDERATIONS

Procedure for a school to leave a federation E+W

30.—(1) This regulation applies to a request made to the governing body of a federation for a federated school (“the relevant school”) to leave the federation.

(2) The request must be made in writing and signed by—

(a) two or more governors;

(b) the parents of at least one fifth of the registered pupils at the relevant school;

(c) at least two fifths of staff who are paid to work at the relevant school;

(d) the local authority;

(e) the trustees of the relevant school; or

(f) a body entitled to appoint foundation governors to the governing body of the federation.

(3) The governing body of the federation must give notice of the request to—

(a) all relevant local authorities;

(b) the head teacher of the federation and the head teacher of each federated school;

(c) where the relevant school is a foundation or voluntary school with a religious foundation, the trustees of any trust relating to the relevant school and, in the case of a Church of England or Roman Catholic Church school, the appropriate diocesan authority, or the appropriate religious body in the case of all other such schools;

(d) all staff paid to work at the relevant school;

(e) every person known by the governing body of the federation to be a parent of a registered pupil at the relevant school; and

(f) such other persons as the governing body of the federation consider appropriate.

(4) Notice under paragraph (3)(a) and (b) must be given within the period of one week beginning with the date on which the request was received.

(5) A request under paragraph (1) is to be taken to have been received by the governing body of a federation if given or sent to the chair or to the clerk of the governing body of the federation.

(6) Not less than 14 days after the governing body of the federation has given notice of the request in accordance with paragraph (3), the governing body must consider the request and all responses received from the persons to whom notice of the request was given and must decide whether—

(a) the relevant school should leave the federation and, if so, on what date it should do so (“the de-federation date”);

(b) the federation should be dissolved, and if so, on what date; or

(c) the relevant school should not leave the federation.

(7) Such a decision does not have effect unless the matter is specified as an item on the agenda for the meeting of which notice has been given in accordance with regulation 11(4) of the Procedures Regulations.

(8) The governing body of the federation must give notice in writing of their decision under paragraph (6) within one week of the decision to those persons referred to in paragraph (3).

(9) Where the governing body of the federation decide under paragraph (6)(a) that the relevant school should leave the federation, the governing body must notify the Secretary of State in writing within one week of that decision.

Commencement Information

I29 Reg. 30 in force at 1.9.2012, see reg. 1

Decision to permit federated school to leave a federation E+W

31.—(1) Where a governing body of a federation have resolved that a federated school should leave the federation paragraph (2) or (3) applies.

(2) Where one of only two federated schools is to leave a federation, regulations 35 and 36 apply to the governing body.

(3) Where a governing body have given notice to a local authority pursuant to regulation 30(8) that a decision has been made that a federated school should leave the federation,

(a) the local authority, on receipt of that notice, must—

(i) establish a temporary governing body in respect of the school leaving the federation in accordance with Parts 3 and 4 of the New Schools Regulations; and

(ii) make a new instrument of government for that school in accordance with Part 5 of the Constitution Regulations 2012; and

(b) the governing body of the federation must review the instrument of government of the federation in accordance with regulation 30 of the Constitution Regulations 2012.

(4) On the de-federation date the temporary governing body of the de-federated school are incorporated as the governing body of that school under the name given in the school’s instrument of government.

(5) For the purpose of paragraph (3)(a)(ii)—

(a) the reference in regulation 27 of the Constitution Regulations 2012 to “governing bodies” is treated as a reference to “temporary governing bodies”; and

(b) references in regulation 29 of the Constitution Regulations 2012 to—

(i) “governing body” are treated as references to “temporary governing body”, and

(ii) “foundation governors” are treated as references to “temporary foundation governors”.

Commencement Information

I30 Reg. 31 in force at 1.9.2012, see reg. 1

Availability of amounts representing budget share E+W

32.  Subject to any provision made by or under a scheme made under section 48(1) of SSFA 1998, the temporary governing body of a school leaving a federation may spend any sum made available by the local authority under section 50(1) of that Act to the governing body of the federation in respect of the school leaving the federation, as they think fit for any purposes of that school.

Commencement Information

I31 Reg. 32 in force at 1.9.2012, see reg. 1

Transfer of property, rights and liabilities E+W

33.—(1) On the de-federation date—

(a) all land or property which, immediately before the de-federation date, was held by the governing body of the federation for the purposes of the de-federated school, transfers to, and by virtue of these Regulations vests in, the governing body incorporated under regulation 31(4); and

(b) all rights and liabilities subsisting immediately before the de-federation date which were acquired or incurred by the governing body of the federation, for the purposes of the de-federated school, transfer to the governing body incorporated under regulation 31(4).

(2) Section 198 of and Schedule 10 to ERA 1988 (which make provision in relation to transfers of property, rights and liabilities) apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.

Commencement Information

I32 Reg. 33 in force at 1.9.2012, see reg. 1

PART 7 E+W DISSOLUTION OF FEDERATIONS

Dissolution of federations following decision by the governing body of a federation E+W

34.—(1) Where—

(a) the governing body of a federation decide that the federation should be dissolved; or

(b) the governing body of a federation decides that one of only two federated schools should leave a federation,

the governing body of the federation must give notice of the decision and of the date of dissolution to the persons mentioned in paragraph (2) within one week of making the decision.

(2) The persons to be notified are—

(a) the Secretary of State;

(b) all relevant local authorities;

(c) the head teacher of the federation and each head teacher of a federated school;

(d) all staff paid to work at the federation or a federated school;

(e) every person known by the governing body to be a parent of a registered pupil at a federated school;

(f) where a federated school is a foundation or voluntary school with a religious foundation, the foundation governors, the trustees of any trust relating to the federated school and, in the case of a Church of England or Roman Catholic Church school, the appropriate diocesan authority, or the appropriate religious body in the case of all other such schools; and

(g) such other persons as the governing body of the federation consider appropriate.

Commencement Information

I33 Reg. 34 in force at 1.9.2012, see reg. 1

35.  Upon receipt of the notice given under regulation 34 the relevant local authority or authorities must— E+W

(a) establish a temporary governing body in respect of each school in accordance with Parts 3 and 4 of the New Schools Regulations; and

(b) issue a new instrument of government for each school in accordance with Part 5 of the Constitution Regulations 2012.

Commencement Information

I34 Reg. 35 in force at 1.9.2012, see reg. 1

36.  For the purpose of regulation 35(b)— E+W

(a) the reference in regulation 27 of the Constitution Regulations 2012 to “governing bodies” is treated as a reference to “temporary governing bodies”; and

(b) references in regulation 29 of the Constitution Regulations 2012 to—

(i) “governing body” are treated as references to “temporary governing body”, and

(ii) “foundation governors” are treated as references to “temporary foundation governors”.

Commencement Information

I35 Reg. 36 in force at 1.9.2012, see reg. 1

Expenditure of amounts representing budget share E+W

37.  Subject to any provision made by or under a scheme made under section 48(1) of SSFA 1998, the temporary governing body of each de-federated school may spend any sum made available by the local authority under section 50(1) of that Act to the governing body of the federation in respect of each school, as they think fit for any purposes of that school.

Commencement Information

I36 Reg. 37 in force at 1.9.2012, see reg. 1

Incorporation of governing body of a school leaving a federation E+W

38.  On the date of dissolution the temporary governing body of each school are incorporated as the governing body of each de-federated school under the name given in the school’s instrument of government.

Commencement Information

I37 Reg. 38 in force at 1.9.2012, see reg. 1

Transfer of property, rights and liabilities E+W

39.—(1) On the date of dissolution—

(a) all land or property which, immediately before the date of dissolution, was held by the governing body of the federation for the purposes of each de-federated school, transfers to, and by virtue of these Regulations vests in, the new governing body of each de-federated school incorporated under regulation 38; and

(b) all rights and liabilities subsisting immediately before the date of dissolution which were acquired or incurred by the governing body of the federation for the purposes of each de-federated school transfer to the new governing body of each de-federated school incorporated under regulation 38.

(2) Section 198 of and Schedule 10 to ERA 1988 (which make provision in relation to transfers of property, rights and liabilities) apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.

Commencement Information

I38 Reg. 39 in force at 1.9.2012, see reg. 1

PART 8 E+W DISCONTINUANCE OF FEDERATED SCHOOLS

Interpretation of “discontinuance” E+W

40.—(1) In this Part “discontinuance” includes—

(a) implementation of proposals for discontinuing the federated school under Part 3 of Schedule 2 to EIA 2006;

(b) discontinuance of the federated school under section 30 of SSFA 1998;

(c) discontinuance of a federated school pursuant to a direction given under section 17(1) or 68(1) of EIA 2006; and

(d) a requirement on the local authority to cease to maintain the federated school under section 6(2) of AA 2010.

(2) In this Part “discontinuance date” means the date on which the event described in regulation 40(1) takes effect.

Commencement Information

I39 Reg. 40 in force at 1.9.2012, see reg. 1

Dissolution of federations on discontinuance of federated schools E+W

41.—(1) This regulation applies where one or more federated schools are to be discontinued and only one federated school in the federation is not to be discontinued.

(2) The governing body of the federation must inform the Secretary of State of the discontinuance at least 2 months before the discontinuance takes place.

(3) The local authority must before the discontinuance date—

(a) establish a temporary governing body in respect of the school that is not to be discontinued (“the de-federated school”) in accordance with Parts 3 and 4 of the New Schools Regulations; and

(b) issue a new instrument of government for the school in accordance with Part 5 of the Constitution Regulations 2012.

(4) On the dissolution date the temporary governing body of the de-federated school are incorporated as the governing body of that school under the name given in the school’s instrument of government.

(5) Where any land held by the federated governing body for the purposes of the de-federated school is, by virtue of either paragraph 7 of Schedule 22 to the SSFA 1998 or paragraph 13 of Schedule 1 to AA 2010, transferred to and vested in the local authority on the dissolution of the federated governing body, the local authority must within 6 months of the dissolution, transfer the land to the temporary governing body referred to in paragraph 3(a).

Commencement Information

I40 Reg. 41 in force at 1.9.2012, see reg. 1

42.—(1) For the purpose of regulation 41(3)(b)— E+W

(a) the reference in regulation 27 of the Constitution Regulations 2012 to “governing bodies” is treated as a reference to “temporary governing bodies”; and

(b) references in regulation 29 of the Constitution Regulations 2012 to—

(i) “governing body” are treated as references to “temporary governing body”, and

(ii) “foundation governors” are treated as references to “temporary foundation governors”.

Commencement Information

I41 Reg. 42 in force at 1.9.2012, see reg. 1

43.  Subject to any provision made by or under a scheme made under section 48(1) of SSFA 1998, the temporary governing body of a de-federated school may spend any sum made available by the local authority under section 50(1) of that Act to the governing body of the federation in respect of each school, as they think fit for any purposes of that school. E+W

Commencement Information

I42 Reg. 43 in force at 1.9.2012, see reg. 1

Discontinuance of federated schools where federation not dissolved E+W

44.—(1) This regulation applies where one or more federated schools are to be discontinued on the discontinuance date but more than one federated school will remain in the federation.

(2) Before the discontinuance date the governing body of the federation must review the instrument of government of the federation in accordance with regulation 30 of the Constitution Regulations 2012.

(3) In relation to any discontinuance other than a requirement on the local authority to cease to maintain the school under section 6(2) of AA 2010, on the discontinuance date—

(a) all land or property, which, immediately before the discontinuance date was held by the governing body of the federation for the purposes of the discontinuing federated school(s) transfers to, and by virtue of these Regulations, vests in the local authority; and

(b) all rights and liabilities subsisting immediately before the discontinuance date which were acquired or incurred by the governing body of the federation for the purposes of the discontinuing federated school or schools transfer to the local authority.

Commencement Information

I43 Reg. 44 in force at 1.9.2012, see reg. 1

Expenditure of amounts representing budget share E+W

45.  Subject to any provision made by or under a scheme made under section 48(1) of SSFA 1998, the temporary governing body of a de-federated school may spend any sum made available by the local authority under section 50(1) of that Act to the governing body of the federation in respect of each school, as they think fit for any purposes of that school.

Commencement Information

I44 Reg. 45 in force at 1.9.2012, see reg. 1

PART 9 E+W APPLICATIONS FOR ACADEMY ORDERSMembers of the federated governing body applying for an Academy order

46.— [F22 (1) For the purposes of section 3(6) of the AA 2010, the proportion and description of the members of the governing body that may make an application for an Academy order in respect of a federated school are those, being no fewer than three in number, who— U.K.

(a) together make up a proportion of the total number of members of the governing body determined in accordance with paragraph (2); and

(b) include at least 50 percent of those members of the governing body who fall within the descriptions prescribed in paragraph (3).]

(2) The proportion is determined by dividing one by the total number of federated schools in the federation.

(3) The prescribed descriptions are—

(a) the head teacher of the federated school, unless the head teacher has resigned the office of governor in accordance with regulation 19 of the Constitution Regulations 2012;

(b) [F23 the parent governors];

(c) any staff governor employed by the federated governing body or local authority to work at the federated school; and

(d) where the proposed application for an Academy order is in respect of a foundation or voluntary school, any foundation governors appointed in respect of the federated school.

[F24 (4) In any case where the application of—

(a) the percentage referred to in paragraph (1)(b), or

(b) the proportion determined in accordance with paragraph (2)

leads to other than a whole number of governors, the number must be rounded up to the nearest whole number.]

Textual Amendments

F22 Reg. 46(1) substituted (1.5.2017) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017 (S.I. 2017/487), regs. 1(2), 3(3)

F23 Words in reg. 46(3)(b) substituted (1.5.2017) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017 (S.I. 2017/487), regs. 1(2), 3(4)

F24 Reg. 46(4) substituted (1.9.2015) by The School Governance (Federations) (England) (Amendment) Regulations 2015 (S.I. 2015/1554), regs. 1, 2(3)

Commencement Information

I45 Reg. 46 in force at 1.9.2012, see reg. 1

Jonathan Hill

Parliamentary Under Secretary of State

Department for Education

14th April 2012

Regulation 12

SCHEDULE 1 E+W Temporary governing bodies of new schools intending to federate

Composition of temporary governing body E+W

1.  The size of the membership of the temporary governing body, being no fewer than seven governors, is to be determined by the local authority.

Commencement Information

I46 Sch. 1 para. 1 in force at 1.9.2012, see reg. 1

2.—(1) A temporary governing body constituted for two or more proposed maintained schools must include— E+W

[F25 (a) two temporary parent governors;]

(b) the head teacher or head teacher designate of each proposed school unless any such head teacher resigns the office of governor in accordance with regulation 19 of the Constitution Regulations 2012;

(c) one temporary staff governor; and

(d) one temporary local authority governor.

(2) The local authority may in addition appoint such number of temporary co-opted governors as the local authority consider necessary, provided that the requirements in paragraph 3 are met in respect of temporary governing bodies constituted for schools that include foundation and voluntary schools.

[F26 (3) The total number of temporary co-opted governors who are also eligible to be appointed as temporary staff governors, when counted together with the temporary staff governor and the head teachers and head teachers designate, must not exceed one third of the total membership of the temporary governing body.]

Textual Amendments

F25 Sch. 1 para. 2(1)(a) substituted (1.9.2016) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 (S.I. 2016/204), regs. 1(3), 3(4)

F26 Sch. 1 para. 2(3) substituted (1.9.2015) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(10)

Commencement Information

I47 Sch. 1 para. 2 in force at 1.9.2012, see reg. 1

Additional requirements for temporary governing bodies comprising proposed foundation and voluntary schools E+W

3.—(1) A temporary governing body constituted for two or more proposed foundation or foundation special schools only, which, in either case, are not to have a foundation, must also include at least two (but no more than one quarter of the total) temporary partnership governors.

(2) A temporary governing body constituted for two or more proposed foundation or foundation special schools only, which are to have a foundation but which are not to be qualifying foundation schools, must also include at least two (but no more than 45 per cent of the total) temporary foundation governors.

(3) A temporary governing body constituted for two or more proposed qualifying foundation schools only must also include such number of temporary foundation governors as to outnumber all the other temporary governors by up to two.

(4) A temporary governing body constituted for two or more proposed voluntary controlled schools only must also include at least two (but no more than one quarter of the total) temporary foundation governors.

(5) A temporary governing body constituted for two or more proposed voluntary aided schools only must also include such number of temporary foundation governors as to outnumber all the other temporary governors by two.

(6) A temporary governing body constituted for two or more proposed voluntary controlled schools and proposed community, community special or maintained nursery schools must also include comprise at least one temporary foundation governor.

(7) A temporary governing body constituted for more than one category of proposed school including at least one proposed foundation, foundation special or voluntary aided school must also include at least two temporary foundation governors (or temporary partnership governors as appropriate in respect of any proposed school which is not to have a foundation).

Commencement Information

I48 Sch. 1 para. 3 in force at 1.9.2012, see reg. 1

Regulation 14

SCHEDULE 2 E+W Election and appointment of parent governors

1.  Subject to paragraph 2(2), in this Schedule “appropriate body” means— E+W

(a) the local authority, where the federated school is a community school, community special school, a voluntary controlled school or a maintained nursery school; or

(b) the governing body of the federation, where the federated school is a foundation school, foundation special school or voluntary aided school.

Commencement Information

I49 Sch. 2 para. 1 in force at 1.9.2012, see reg. 1

2.—(1) Where a local authority are the appropriate body in relation to a school, that local authority may delegate to the head teacher of the school, or to the head teacher of the federation, any of their functions under this Schedule. E+W

(2) The local authority are the appropriate body in relation to a school within paragraph 1(b) if the governing body of the federation and the local authority so agree.

Commencement Information

I50 Sch. 2 para. 2 in force at 1.9.2012, see reg. 1

3.  Subject to paragraphs 4 to 7, the appropriate body must make all necessary arrangements for the election of parent governors. E+W

Commencement Information

I51 Sch. 2 para. 3 in force at 1.9.2012, see reg. 1

4.  The duty imposed by paragraph 3 does not confer power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected. E+W

Commencement Information

I52 Sch. 2 para. 4 in force at 1.9.2012, see reg. 1

5.  Any election which is contested must be held by ballot. E+W

Commencement Information

I53 Sch. 2 para. 5 in force at 1.9.2012, see reg. 1

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

(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.

Commencement Information

I54 Sch. 2 para. 6 in force at 1.9.2012, see reg. 1

7.  Where a vacancy for a parent governor arises, the local authority must 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 [F27 a federated school] is— E+W

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

(b) informed of their entitlement to stand as a candidate and vote in the election; and

(c) given the opportunity to do so.

Textual Amendments

F27 Words in Sch. 2 para. 7 substituted (1.9.2016) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 (S.I. 2016/204), regs. 1(3), 3(5)(a)

Commencement Information

I55 Sch. 2 para. 7 in force at 1.9.2012, see reg. 1

[F28 8.   Where a vacancy for a parent governor is not filled by election, the governing body of a federation must appoint a parent governor to fill the vacancy.] E+W

Textual Amendments

F28 Sch. 2 para. 8 substituted (1.9.2016) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 (S.I. 2016/204), regs. 1(3), 3(5)(b)

[F29 9.— (1) In appointing a parent governor, the governing body of a federation must appoint [F30 in the following order of preference]— E+W

(a) a parent of a registered pupil at a federated school (or, in respect of any maintained nursery school in the federation, a parent of a child for whom educational or other provision is made on the premises of the school (including any such provision made by the governing body under section 27 of EA 2002));

(b) a parent of a former registered pupil at a federated school;

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

(d) a parent of a child, including a child who has special educational needs and is over compulsory school age.

F31 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F29 Sch. 2 para. 9 substituted (1.9.2016) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 (S.I. 2016/204), regs. 1(3), 3(5)(c)

F30 Words in Sch. 2 para. 9(1) inserted (1.5.2017) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017 (S.I. 2017/487), regs. 1(2), 3(5)(a)

F31 Sch. 2 para. 9(2) omitted (1.5.2017) by virtue of The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017 (S.I. 2017/487), regs. 1(2), 3(5)(b)

Commencement Information

I56 Sch. 2 para. 9 in force at 1.9.2012, see reg. 1

F32 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F32 Sch. 2 para. 10 omitted (1.9.2016) by virtue of The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2016 (S.I. 2016/204), regs. 1(3), 3(5)(d)

[F33 11.   The governing body of a federation may only appoint as a parent governor a person who has, in the opinion of the governing body, the skills required to contribute to the effective governance and success of the federation.] E+W

Textual Amendments

F33 Sch. 2 para. 11 inserted (1.9.2015) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(11)

Regulation 13

SCHEDULE 3 E+W Election of staff governors

1.  Subject to paragraphs 2 and 3, the governing body of the federation must make all necessary arrangements for the election of staff governors. E+W

Commencement Information

I57 Sch. 3 para. 1 in force at 1.9.2012, see reg. 1

2.  The duty imposed by paragraph 1 does not confer power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected. E+W

Commencement Information

I58 Sch. 3 para. 2 in force at 1.9.2012, see reg. 1

3.  Any election which is contested must be held by ballot. E+W

Commencement Information

I59 Sch. 3 para. 3 in force at 1.9.2012, see reg. 1

Regulation 18

SCHEDULE 4 E+W Partnership governors

1.  Where a partnership governor is required, the governing body of a federation— E+W

(a) must seek nominations from parents of registered pupils at schools in the federation which have no foundation; and

(b) may seek nominations from parents of registered pupils at other schools in the federation and from such other persons in the community served by the federation as they consider appropriate.

Commencement Information

I60 Sch. 4 para. 1 in force at 1.9.2012, see reg. 1

F34 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F34 Sch. 4 para. 2 omitted (1.9.2015) by virtue of The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(12)(a)

3.  Subject to paragraph 4(2), no governor may nominate a person for appointment as a partnership governor. E+W

Commencement Information

I61 Sch. 4 para. 3 in force at 1.9.2012, see reg. 1

4.—(1) The governing body of a federation must appoint such number of partnership governors as is required by the instrument of government from among eligible nominees. E+W

(2) If the number of eligible nominees is less than the number of vacancies, the number of partnership governors required may be made up by persons selected by the governing body of the federation.

Commencement Information

I62 Sch. 4 para. 4 in force at 1.9.2012, see reg. 1

5.—(1) Where the governing body of a federation makes an appointment under paragraph 4(2), having rejected any person nominated under paragraph 1, they must give written reasons for their decision to the local authority and to the person rejected. E+W

(2) Where the federation includes schools maintained by more than one local authority, the reference in sub-paragraph (1) to the local authority is to be taken as a reference to each local authority.

Commencement Information

I63 Sch. 4 para. 5 in force at 1.9.2012, see reg. 1

6.  The governing body of a federation must make all necessary arrangements for and determine all other matters relating to the nomination and appointment of partnership governors. E+W

Commencement Information

I64 Sch. 4 para. 6 in force at 1.9.2012, see reg. 1

[F35 7.— (1) No person is eligible to be nominated for appointment as a partnership governor unless that person has, in the opinion of the person nominating them, the skills required to contribute to the effective governance and success of the federation. E+W

(2) No person is eligible to be appointed as a partnership governor unless that person has, in the opinion of the governing body, the skills required to contribute to the effective governance and success of the federation.]

Textual Amendments

F35 Sch. 4 para. 7 inserted (1.9.2015) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014 (S.I. 2014/1257), regs. 1, 3(12)(b)

Regulation 23

SCHEDULE 5 E+W Modification of the Constitution Regulations 2012

1.  In regulation 18(2) for “head teacher of the school” substitute “head teacher of the federation or a federated school”. E+W

Commencement Information

I65 Sch. 5 para. 1 in force at 1.9.2012, see reg. 1

2.  In regulation 24 for “paragraphs 9 to 11 of Schedule 1” substitute “paragraphs 8 to 10 of Schedule 2 to the School Governance (Federations) (England) Regulations 2012”. E+W

Commencement Information

I66 Sch. 5 para. 2 in force at 1.9.2012, see reg. 1

3.  In regulation 26 for “school” substitute “federated school”. E+W

Commencement Information

I67 Sch. 5 para. 3 in force at 1.9.2012, see reg. 1

4.  In regulation 28— E+W

(a) in paragraph (1) for “maintained school” substitute “federation”;

(b) in paragraph (1)(a), (c) and (f) for “school” substitute “federation”;

(c) for paragraph (1)(b) substitute the following paragraph—

“(b) the names and categories of the federated schools within the federation;”;

(d) in paragraph (1)(d) for “Part 3” substitute “Part 4 of the School Governance (Federations) (England) Regulations 2012”;

(e) for paragraph (1)(g) substitute the following sub-paragraph—

“(g) where a federated school is a foundation or voluntary school which has a religious character, a single description of the religious ethos of each such school”;

(f) in paragraph (2) for “these Regulations as they apply to a school of the category to which the schools belong” substitute “regulations 21 and 22 of the School Governance (Federations) (England) Regulations 2012”; and

(g) in paragraph (3) for “the school” substitute “a federated school”.

Commencement Information

I68 Sch. 5 para. 4 in force at 1.9.2012, see reg. 1

5.  For regulation 29, substitute— E+W

“29.— (1) In this regulation, where reference is made to the local authority and the federation is to include schools maintained by different local authorities, the reference is to be taken as a reference to whichever of those local authorities the governing bodies of the schools agree should make the instrument of government for the federation.

(2) The governing bodies of the schools which are to form the federation must jointly prepare a draft instrument of government and submit it to the local authority.

(3) Where the federation will have foundation governors, the governing bodies of the proposed federation must not submit the draft to the local authority unless it has been approved in respect of each foundation or voluntary school by—

(a) that school’s foundation governors;

(b) the trustees of any trust relating to that school;

(c) in the case of a Church of England or Roman Catholic Church school, the appropriate diocesan authority; and

(d) in the case of any other school designated under section 69(3) of SSFA 1998 as having a religious character, the appropriate religious body.

(4) If—

(a) the local authority are content that the draft complies with all the applicable statutory provisions, or

(b) there is agreement between the local authority, the governing bodies and (where the federation will have foundation governors) 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 must be made by the local authority in the form of the draft or (as the case may be) the revised draft.

(5) If neither sub-paragraph (a) nor (b) of paragraph (4) applies in the case of a federation which will not have foundation governors, the local authority must—

(a) inform the governing body of the federation of the reasons why they are not content with the draft instrument of government, and

(b) give the governing body of the federation a reasonable opportunity to reach agreement with them on revising the draft,

and must make the instrument of government either in the form of a revised draft agreed between them and the governing body of the federation or (in the absence of such agreement) in such form as they think fit having regard, in particular, to the category of school to which the school belongs.”.

Commencement Information

I69 Sch. 5 para. 5 in force at 1.9.2012, see reg. 1

6.  In regulation 30— E+W

(a) in paragraphs (4) to (7)—

(i) for “school” substitute “federation”; and

(ii) for “regulation 29(2)” substitute “regulation 29(3)(15)”;

(b) in paragraph (6) omit from the words “having regard, in particular” to the end; and

(c) in paragraph (7) for “regulation 29(3)” substitute “regulation 29(4)(16)”.

Commencement Information

I70 Sch. 5 para. 6 in force at 1.9.2012, see reg. 1

7.  In regulation 31— E+W

(a) in paragraphs (1) and (2)(a) for “school” substitute “federation”;

(b) in paragraph (2)(b) for “head teacher” substitute “head teacher of the federation or of a federated school”;

(c) in paragraph (2)(c) for “the school” substitute “a federated school”; and

(d) in paragraph (2)(d) and (e) for “school” substitute “federated school”.

Commencement Information

I71 Sch. 5 para. 7 in force at 1.9.2012, see reg. 1

8.  In paragraph 1 of Schedule 4 for “the school” substitute “one of the federated schools”. E+W

Commencement Information

I72 Sch. 5 para. 8 in force at 1.9.2012, see reg. 1

Regulation 24

[F36 SCHEDULE 6 E+W Modification of the Roles and Procedures Regulations

Textual Amendments

F36 Sch. 6 substituted (1.9.2013) by The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013 (S.I. 2013/1624), reg. 1(1), Sch. 2 para. 2(e) (with reg. 1(3))

1.   In Regulation 2— E+W

(a) for “in relation to a governing body to which the Constitution Regulations 2007 apply, “associate member” has the meaning given in regulation 11 of the Constitution Regulations 2007, and in relation to a governing body to which the Constitution Regulations 2012 apply, “associate member” has the meaning given in regulation 12 of the Constitution Regulations 2012;” substitute ““associate member” has the meaning given by regulation 20 of the School Governance (Federations) (England) Regulations 2007 or regulation 20 of the School Governance (Federations) (England) Regulations 2012 as the case may be”; and

(b) after “a committee” means a committee established by the governing body to which the governing body has delegated any of its functions;” insert “a reference to a federation that includes schools maintained by more than one local authority is to be taken as a reference to each local authority;”.

2.   Omit regulation 6. E+W

3.   In regulation 10(2) and 10(3) for “regulation 6(3)” substitute “regulation 20A(3) of the School Governance (Federations) (England) Regulations 2012. E+W

4.   In regulation 7 for paragraph (3) substitute the following paragraph— E+W

“(3) A governor who is employed at a federated school as a teacher or as any other member of the school’s staff is not eligible to be chair or vice-chair of the governing body of the federation in question.”.

5.   In regulations 7(5)(b), 8(2)(a), 8(2)(b), 8(2)(c), 13(6)(c), 14(5), 14(6), 15(3)(a), 15(3)(b), 17(1)(c), 17(1)(d), 26(9)(a) and 26(9)(b), and at paragraph 3(1) of Schedule 1, for “the school” substitute “a federated school.”. E+W

6.   In regulation 14(7) for “a school” substitute “a federation”. E+W

7.   In regulations 10(3), 16(a) 18(1)(b), 18(1)(c), 20(1)(b) and 23(3) for “head teacher” substitute “head teacher of the federation or of a federated school.”. E+W

8.   In regulations 10(2)(b), 12(1)(b), 23(2), 25(b) and at paragraph 3(2) of Schedule 1, for “head teacher of the school” substitute “head teacher of the federation or of a federated school.”. E+W

9.   In regulations 13(4)(b) and 26(2) for “head teacher” substitute “the head teacher of the federation or of each federated school”. E+W

10.   In regulation 21 for “the school staff” substitute “a federated school’s staff”. E+W

11.   In regulation 10(5) for “if at any time the school does not have a delegated budget” substitute “if at any time neither the federation nor any federated school within it has a delegated budget”. E+W

12.   In regulation 28 for “maintained school which has a delegated budget” substitute “federation where the federation or any maintained school within it, as the case may be, has a delegated budget”. E+W

13.   In regulation 29 for “maintained school which does not have a delegated budget” substitute “a federation where the federation, or each of the schools within it, as the case may be, does not have a delegated budget”. E+W

14.   In Schedule 1, in sub-paragraph 1(2)(a), for “provided that the value of the relevant person’s pecuniary interest is no greater than that of the pecuniary interest commonly held by those paid to work at the school;” substitute “provided that the value of the relevant person’s pecuniary interest is no greater than that of the pecuniary interest commonly held by those paid to work at one or more schools within the federation;] E+W

Regulation 25

SCHEDULE 7 E+W Modification of the Staffing Regulations

1.  In regulation 3, after paragraph (5) insert— E+W

“(6) In these Regulations—

(a) any reference to the head teacher or deputy head teacher of a school is to be construed as a reference to the head teacher or deputy head teacher of a federation or of a federated school; and

(b) where reference is made to the authority and a federation includes schools maintained by more than one authority, the reference is to be taken as a reference to each authority.”.

Commencement Information

I73 Sch. 7 para. 1 in force at 1.9.2012, see reg. 1

2.  In regulations 4(4)(a), 7(1)(a) and (b), 8, 18(1)(a)(iii) and (b) and (2) to (5), 20(1) to (3), 21(4), 30(1), (1)(a)(iii), (1)(b) and (2) to (5) and 31(1) and paragraphs 5 and 6 of Schedule 2, for “the school” substitute “the federation or the federated school”. E+W

Commencement Information

I74 Sch. 7 para. 2 in force at 1.9.2012, see reg. 1

3.  In regulation 6(1)(b), after “send a copy of the report to the” insert “relevant”. E+W

Commencement Information

I75 Sch. 7 para. 3 in force at 1.9.2012, see reg. 1

4.  In regulation 11, after “This Part applies to” insert “federated schools which are”. E+W

Commencement Information

I76 Sch. 7 para. 4 in force at 1.9.2012, see reg. 1

5.  In regulations 12(4), 18(1), 21(1), 24(4) and 30(1), for “a school” substitute “a federation or a federated school”. E+W

Commencement Information

I77 Sch. 7 para. 5 in force at 1.9.2012, see reg. 1

6.  In regulations 13(a) and 25, after “working at a” insert “federated”. E+W

Commencement Information

I78 Sch. 7 para. 6 in force at 1.9.2012, see reg. 1

7.  In regulation 19, for paragraph (1) substitute— E+W

“(1) Subject to regulation 21—

(a) the governing body or the head teacher of the federation may suspend any person employed or engaged otherwise than under a contract of employment to work at the federation; and

(b) the governing body or the head teacher of a federated school may suspend any person employed or engaged otherwise than under a contract of employment to work at that federated school,

where, in the opinion of the governing body or (as the case may be) the head teacher, such suspension is required.”.

Commencement Information

I79 Sch. 7 para. 7 in force at 1.9.2012, see reg. 1

8.  In regulation 19(4), after “inform the authority and the” insert “relevant”. E+W

Commencement Information

I80 Sch. 7 para. 8 in force at 1.9.2012, see reg. 1

9.  In regulation 23, after “This Part applies to” insert “federated schools which are”. E+W

Commencement Information

I81 Sch. 7 para. 9 in force at 1.9.2012, see reg. 1

10.  In regulation 27, after paragraph (3) insert— E+W

“(3A) The foundation governors appointed in respect of a particular federated voluntary aided school must agree any recommendation at paragraph (3)(c) in respect of the appointment of the head teacher of that school.”.

Commencement Information

I82 Sch. 7 para. 10 in force at 1.9.2012, see reg. 1

11.  In regulation 34(1), after “voluntary aided school” insert “which is a federated school”. E+W

Commencement Information

I83 Sch. 7 para. 11 in force at 1.9.2012, see reg. 1

12.  In regulation 35(2), for “school or schools” substitute “school, federated school or federation”. E+W

Commencement Information

I84 Sch. 7 para. 12 in force at 1.9.2012, see reg. 1

13.  In regulations 36(1), 37(1) and 38(2), for sub-paragraphs (a), (b) and (c) substitute— E+W

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

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

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

Commencement Information

I85 Sch. 7 para. 13 in force at 1.9.2012, see reg. 1

14.  In regulation 40, after “school” insert “which is to be a federated school”.. E+W

Commencement Information

I86 Sch. 7 para. 14 in force at 1.9.2012, see reg. 1

Regulation 29

SCHEDULE 8 E+W Modification of Chapter 4 of Part 2 of SSFA 1998

1.  Section 49 (maintained schools to have delegated budgets) is modified as follows— E+W

(a) in subsection (1), for “Every maintained school” substitute “Subject to subsection (2B), every federated school”;

(b) in subsection (2), for “A new school” substitute “Subject to subsection (2B), a new school that is a federated school”;

(c) after subsection (2A), insert—

“(2B) Subsections (1) and (2) do not apply to a federated school if the local authority by which the school is maintained treat the federation which includes the school as a single school in accordance with regulations.

In such a case, the federation shall have a delegated budget.”;

(d) in subsection (4)(a), after “school” insert “or federation”;

(e) in subsections (4) and (5), for “maintained school” substitute “federation”;

(f) in subsection (5)(a), after “head teacher” insert “of the federation or any school within the federation”; and

(g) for subsection (7), substitute—

“(7) In this Part—

(a) references to a federation or federated school having a delegated budget are references to the governing body of the federation being entitled to manage the federation’s budget share or the federated school’s budget share, as the case may be; and

(b) where a federation or federated school has a delegated budget the governing body of the federation are accordingly said to have a right to a delegated budget in respect of the federation or the federated school, as the case may be.”.

Commencement Information

I87 Sch. 8 para. 1 in force at 1.9.2012, see reg. 1

2.  Section 50 (effect of financial delegation) is modified as follows— E+W

(a) in subsection (1), for “maintained school“ substitute “federated school”;

(b) after subsection (1), insert—

“(1A) Where a federation has a delegated budget in respect of the whole or part of a funding period, the local authority shall secure that in respect of that period there is available to be spent by the governing body—

(a) where the federation has a delegated budget in respect of the whole of that period, a sum equal to the federation’s budget share for the period, or

(b) where the federation has a delegated budget in respect of only part of that period, a sum equal to that portion of the federation’s budget share for the period which has not been spent.”;

(c) in subsection (2), after “made available” insert “under subsection (1) or (1A)” and for “any such sum” substitute “any sum mentioned in either of those subsections”;

(d) in subsection (3), for “the governing body may spend any such amounts” substitute “the governing body of a federation may spend any amounts made available under subsection (1) or (1A), and any amounts previously made available to the governing bodies of the federated schools before federation,”;

(e) in subsection (3), for paragraph (a) substitute—

“(a) for any purposes of any of the federated schools;

(aa) for any purposes of the federation; or”;

(f) in subsection (6), after “governing body” insert “of a federation” and after “head teacher” insert “of the federation or to the head teacher of each school within the federation”; and

(g) in subsection (7), for “school” substitute “federation”.

Commencement Information

I88 Sch. 8 para. 2 in force at 1.9.2012, see reg. 1

3.  In section 51 (suspension of financial delegation for mismanagement etc), after “delegated budget” insert “in respect of the federation or each school within the federation”. E+W

Commencement Information

I89 Sch. 8 para. 3 in force at 1.9.2012, see reg. 1

4.—(1) Schedule 15 (suspension of financial delegation) is modified as follows. E+W

(2) In paragraph 1—

(a) in sub-paragraph (1), after “where” insert “a federated school or a federation has a delegated budget and” and for “a school which has a delegated budget” substitute “the federation”;

(b) in sub-paragraph (2), after “delegated budget” insert “in respect of any of the federated schools or the federation, as the case may be,”;

(c) in sub-paragraph (5), for “school” substitute “federation or of each federated school”; and

(d) in sub-paragraph (7), for “school’s budget share” substitute “budget share of any of the federated schools or the federation”.

(3) In paragraph 2—

(a) in sub-paragraph (2), for “school” substitute “federation or of each federated school”; and

(b) in sub-paragraph (4), after “head teacher” insert “of the federation or of each federated school”.

(4) In paragraph 4—

(a) in sub-paragraph (1), after “delegated budget” insert “in respect of a federated school”;

(b) after sub-paragraph (1), insert—

“(1A) During any period when a governing body’s right to a delegated budget in respect of a federation is suspended under paragraph 1—

(a) the local authority’s duty under section 50(1A) shall not apply in relation to the federation; but

(b) the local authority may permit the governing body to take such decisions as to the spending of sums to be met from the federation’s budget share as the authority consider appropriate.”;

(c) in sub-paragraph (2), after “(1)(b)” insert “or (1A)(b)”; and

(d) in sub-paragraph (3), after “head teacher” insert “of the federation or any of the federated schools” .

Commencement Information

I90 Sch. 8 para. 4 in force at 1.9.2012, see reg. 1

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.

(1)

2002 c.32. Section 19 was amended by S.I. 2010/1198 and subsections (1A), (4A) and (4B) of section 19 were inserted by section 38 of the Education Act 2011 (c 21).

(2)

2010 c.32

(3)

S.I.2007/960 as amended by S.I. 2007/3464, S.I. 2009/1556, S.I. 2010/1172 and S.I. 2011/1725.

(4)

S.I. 2012/1034.

(5)

1988 c.40.

(6)

1998 c.31.

(7)

2006 c.40.

(8)

2010 c.32.

(9)

S.I. 2007/958 as amended by S.I. 2007/3464, S.I. 2009/1924, S.I. 2010/1172 and S.I. 2010/2582.

(10)

Section 23A(1)(a) was inserted by section 33(1) of the Education and Inspections Act 2006 (c.40) and has been amended by S.I. 2010/1158 and S.I. 2011/1396.

(11)

S.I. 2009/2680 as amended by S.I. 2010/1172.

(12)

As amended by SSFA 1998 and the Further and Higher Education Act 1992 (c. 13).

(13)

Within the meaning of section 434(5) of the Education Act 1996 (c.56).

(14)

Section 27 is amended by section 4(1) of the Children, Schools and Families Act 2010 (c.26) which is not yet in force.

(15)

As substituted by paragraph 5 of Schedule 5 to the School Governance (Federations) (England) Regulations 2012 S.I. 1035.

(16)

As substituted by paragraph 5 of Schedule 5 to the School Governance (Federations) (England) Regulations 2012 S.I. 1035.