The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2014

Amendments to the School Governance (Federations) (England) Regulations 2012 and revocation of the School Governance (Federations) (England) Regulations 2007

3.—(1) The School Governance (Federations) (England) Regulations 2012(1) are amended as follows.

(2) For regulation 2 substitute—

“2.   These Regulations apply to governing bodies of maintained schools in England that are either federated governing bodies or are proposing to federate.”.

(3) For regulation 3 substitute—

“3.   The School Governance (Federations) (England) Regulations 2007(2) are revoked.”.

(4) Omit regulation 4(1).

(5) In regulation 14(1)(b), for “paragraphs 8 to 10” substitute “paragraphs 8 to 11”.

(6) For regulation 16(1)(b) substitute—

“(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.”.

(7) In regulation 17(1)—

(a) omit “and” at the end of sub-paragraph (a)(iii) and insert “and” at the end of sub-paragraph (a)(iv), and

(b) after sub-paragraph (a)(iv) insert—

“(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.”.

(8) For regulation 21(5) substitute—

“(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.”.

(9) After regulation 22 insert—

“Surplus governors

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).”.

(10) In Schedule 1, for paragraph 2(3) substitute—

“(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.”.

(11) In Schedule 2, after paragraph 10, insert—

“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.”.

(12) In Schedule 4—

(a) omit paragraph 2, and

(b) after paragraph 6 insert—

“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.

(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.”.

(1)

S.I. 2012/1035.

(2)

S.I. 2007/960.