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The School Governance (Federations) (England) Regulations 2004

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1 GENERAL PROVISIONS

    1. 1.Citation, commencement and application

    2. 2.Revocation

    3. 3.Interpretation

  3. PART 2 ESTABLISHING OR JOINING A FEDERATION

    1. 4.Prescribed cases

    2. 5.Procedure for schools wishing to federate

    3. 6.(1) Where a governing body are considering federation, they shall...

    4. 7.(1) Where a governing body propose that they should federate...

    5. 8.(1) Where a governing body decide that they should federate...

    6. 9.(1) The governing bodies proposing to federate shall jointly consider...

    7. 10.New schools wishing to federate

    8. 11.(1) Parts 1 to 3 and 5 to 7 of...

    9. 12.Incorporation of governing bodies of federations and dissolution of former governing bodies

  4. PART 3 CATEGORIES OF GOVERNOR

    1. 13.Parent governors

    2. 14.Staff governors

    3. 15.LEA governors

    4. 16.Community governors

    5. 17.Foundation governors

    6. 18.Partnership governors

    7. 19.Sponsor governors

    8. 20.Associate members

  5. PART 4 COMPOSITION OF GOVERNING BODIES OF A FEDERATION

    1. 21.General principles

    2. 22.Federation comprising community, community special and maintained nursery schools

    3. 23.Federation comprising foundation or foundation special schools only

    4. 24.Federation comprising voluntary controlled schools only

    5. 25.Federation comprising voluntary aided schools only

    6. 26.Federation comprising voluntary controlled schools and community, community special or maintained nursery schools

    7. 27.Federation comprising more than one category of school including at least one foundation or foundation special or voluntary aided school

  6. PART 5 INSTRUMENTS OF GOVERNMENT, PROCEDURES, STAFFING AND CHARITABLE STATUS

    1. 28.Qualifications, tenure of office and instruments of government

    2. 29.Procedures of governing bodies of federations

    3. 30.Staffing of federations

    4. 31.Charitable status of federations

  7. PART 6 INFORMATION AND FUNDING

    1. 32.Information for the governing body of a federation

    2. 33.Financing of federations

    3. 34.(1) In its application to a federated school in England,...

  8. PART 7 FEDERATED SCHOOLS LEAVING FEDERATIONS

    1. 35.Procedure for a school to leave a federation

    2. 36.Referral to the Secretary of State

    3. 37.Decision to permit federated school to leave a federation

    4. 38.Availability of amounts representing budget share

    5. 39.Incorporation of governing body of a school leaving a federation

    6. 40.Transfer of property

  9. PART 8 DISSOLUTION OF FEDERATIONS

    1. 41.Dissolution of federations

    2. 42.Upon receipt of the notice issued under regulation 41, the...

    3. 43.Availability of amounts representing budget share

    4. 44.Incorporation of governing body of a school leaving a federation

    5. 45.Transfer of property

  10. Signature

    1. SCHEDULE 1

      Temporary governing bodies of new schools intending to federate

      1. 1.General principles

      2. 2.(1) Where the federation contains 4 new schools and—

      3. 3.In determining the size of the temporary governing body, the...

      4. 4.Where application of paragraphs 6 to 11 produces a number...

      5. 5.In calculating the number of temporary staff governors required, the...

      6. 6.Temporary governing body for new community, community special or maintained nursery schools

      7. 7.Temporary governing body for new foundation or foundation special schools

      8. 8.Temporary governing body for new voluntary controlled schools

      9. 9.Temporary governing body for new voluntary aided schools

      10. 10.Temporary governing body for new voluntary controlled schools and community, community special or maintained nursery schools

      11. 11.Temporary governing body for proposed federation comprising more than one category of school including at least one new foundation or foundation special or voluntary aided school

      12. 12.Temporary sponsor governors

    2. SCHEDULE 2

      Election and appointment of parent governors

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

      2. 2.(1) Where an authority is the appropriate body in relation...

      3. 3.The appropriate body shall make all necessary arrangements for the...

      4. 4.The duty conferred by paragraph 3 does not include power...

      5. 5.Any election which is contested shall be held by ballot....

      6. 6.(1) The arrangements made under paragraph 3 shall provide for...

      7. 7.Where a vacancy for a parent governor arises, the authority...

      8. 8.The number of parent governors required shall be made up...

      9. 9.(1) Except where paragraph 10 applies, in appointing a parent...

      10. 10.(1) Where the school is a community special school, in...

    3. SCHEDULE 3

      Election of staff governors

      1. 1.Subject to paragraphs 2 and 3, the governing body of...

      2. 2.The power conferred by paragraph 1— (a) includes the power...

      3. 3.Any election which is contested shall be held by ballot....

    4. SCHEDULE 4

      Appointment of community governors in federations which include community special schools

      1. 1.Subject to paragraphs 2 and 3, the governing body of...

      2. 2.(1) In relation to a community special school established in...

      3. 3.The governing body of a federation which includes a community...

    5. SCHEDULE 5

      Partnership Governors

      1. 1.Where a partnership governor is required, the governing body of...

      2. 2.No person may nominate for appointment, or appoint, a person...

      3. 3.Subject to paragraph 4(2), no governor may nominate a person...

      4. 4.(1) The governing body must appoint such number of partnership...

      5. 5.(1) Where the governing body of a federation makes an...

      6. 6.The governing body of a federation must make all necessary...

    6. SCHEDULE 6

      Appointment of sponsor governors

      1. 1.In this Schedule, “sponsor” in relation to a federation means—...

      2. 2.Where the federation has one or more sponsors, the governing...

      3. 3.The governing body of a federation shall seek nominations for...

    7. SCHEDULE 7

      Modification of the Constitution Regulations

      1. 1.In regulation 21(2) for “head teacher of the school” there...

      2. 2.In regulation 25 for “paragraphs 9 to 11 of Schedule...

      3. 3.In regulation 27 for “school” there shall be substituted “federated...

      4. 4.In regulation 29— (a) in paragraph (1) for “maintained school”...

      5. 5.For regulation 30, there shall be substituted— (1) In this regulation, where reference is made to the...

      6. 6.In regulation 31— (a) in paragraphs (4) to (7)—

      7. 7.In regulation 32— (a) in paragraphs (1) and (2)(a) for...

      8. 8.In paragraph 1(2) of Schedule 6 for “regulation 11” there...

    8. SCHEDULE 8

      Modification of the Procedures Regulations

      1. 1.In regulation 3— (a) in paragraph (1) for “regulation 11...

      2. 2.In regulation 5 for paragraph (3) there shall be substituted...

      3. 3.In regulations 5(5)(b), 6(2)(a), 6(2)(c), 8(3)(c), 13(3)(a), 14(1)(b), 14(2), 14(4),...

      4. 4.In regulations 10(1)(b), 21(1) and 23(1)(b) for “head teacher of...

      5. 5.In regulation 8(6) for “If at any time the school...

      6. 6.In regulations 6(2)(b), 11(5)(c), 12(4), 13(3)(b), 17(3) and 24(9)(b) for...

      7. 7.In regulations 8(4), 11(4)(b), 14(1)(a), 16(1)(c), 18(1)(b), 21(2) and 24(2)...

      8. 8.In regulation 15(1) for sub-paragraph (c) there shall be substituted...

      9. 9.In regulation 19 for “school staff” there shall be substituted...

      10. 10.In paragraph 2(1)(c) of the Schedule for “Schedule 5 to...

    9. SCHEDULE 9

      Modification of the Staffing Regulations

      1. 1.In regulation 3, after paragraph (4) there shall be inserted...

      2. 2.In regulation 5, after “sending a copy to the” there...

      3. 3.In regulations 4(4), 6(1)(a) and (b), 7 and 25(1) for...

      4. 4.In regulation 10 after the words “This Part applies to”...

      5. 5.In regulation 16 for paragraph (1) there shall be substituted...

      6. 6.In regulation 17 and paragraphs 2(2), 2(3) and 2(6)(a) and...

      7. 7.In regulation 18(1) for “work at a school” there shall...

      8. 8.In regulation 18(3) for “work at the school” there shall...

      9. 9.In regulation 19 after the words “This Part applies to”...

      10. 10.In regulation 22, after paragraph (3) insert—

      11. 11.In regulation 27 after the words “voluntary aided school” there...

      12. 12.In regulation 28(2) for “school or schools” there shall be...

      13. 13.In regulations 30(1) and 31(2) for sub-paragraphs (a), (b) and...

      14. 14.In regulation 33 after the words “school” there shall be...

  12. Explanatory Note

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