The Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010

Decision to permit federated school to leave a federation

77.—(1) Upon notification that a governing body of a federation have resolved that a federated school should leave a federation paragraphs (2) or (3) are to apply.

(2) Where one of only two federated schools is to leave a federation, the federation is to be dissolved in accordance with Part 13.

(3) Where paragraph (2) does not apply,

(a)the local authority 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 Maintained Schools Regulations; and

(ii)issue a new instrument of government for that school in accordance with Part 5 of the Government of Maintained Schools Regulations;

(b)the governing body of the federation must review the instrument of government of the federation in accordance with regulation 42.

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

(a)the reference in regulation 32 of the Government of Maintained Schools Regulations to “governing bodies” is treated as a reference to “temporary governing bodies”; and

(b)references in regulation 34 of the Government of Maintained Schools Regulations to–

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

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