http://www.legislation.gov.uk/wsi/2010/638/contents/made

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

State schools

Faith schools

School admissions

Voluntary controlled schools

Voluntary aided schools

King's Printer of Acts of Parliament

2016-09-30

EDUCATION, WALES

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

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

Rheoliadau Ffedereiddio Ysgolion a Gynhelir a Diwygiadau Amrywiol (Cymru) 2010

reg. 2(1)

The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010

The Local Education Authorities and Children's Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010

Gorchymyn Awdurdodau Addysg Lleol ac Awdurdodau Gwasanaethau Plant (Integreiddio Swyddogaethau) (Is-ddeddfwriaeth) (Cymru) 2010

Sch. 1

para. 18(2)

art. 1(1)

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

Rheoliadau Ffedereiddio Ysgolion a Gynhelir a Diwygiadau Amrywiol (Cymru) 2010

reg. 11(3)(b)

The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010

The Local Education Authorities and Children's Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010

Gorchymyn Awdurdodau Addysg Lleol ac Awdurdodau Gwasanaethau Plant (Integreiddio Swyddogaethau) (Is-ddeddfwriaeth) (Cymru) 2010

Sch. 1

para. 18(3)

art. 1(1)

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

Rheoliadau Ffedereiddio Ysgolion a Gynhelir a Diwygiadau Amrywiol (Cymru) 2010

reg. 17(2)(e)

The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010

The Local Education Authorities and Children's Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010

Gorchymyn Awdurdodau Addysg Lleol ac Awdurdodau Gwasanaethau Plant (Integreiddio Swyddogaethau) (Is-ddeddfwriaeth) (Cymru) 2010

Sch. 1

para. 18(3)

art. 1(1)

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

Rheoliadau Ffedereiddio Ysgolion a Gynhelir a Diwygiadau Amrywiol (Cymru) 2010

Pt. 1-13

The Federation of Maintained Schools (Wales) Regulations 2014

Rheoliadau Ffedereiddio Ysgolion a Gynhelir (Cymru) 2014

reg. 2(1)

reg. 2(3)

reg. 1(1)

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

Rheoliadau Ffedereiddio Ysgolion a Gynhelir a Diwygiadau Amrywiol (Cymru) 2010

Sch. 1-10

The Federation of Maintained Schools (Wales) Regulations 2014

Rheoliadau Ffedereiddio Ysgolion a Gynhelir (Cymru) 2014

reg. 2(1)

reg. 2(3)

reg. 1(1)

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

Rheoliadau Ffedereiddio Ysgolion a Gynhelir a Diwygiadau Amrywiol (Cymru) 2010

Sch. 7

para. 9(d)

The Children and Families (Wales) Measure 2010 (Commencement No.2, Savings and Transitional Provisions) (Amendment) and (Consequential Amendments) Order 2011

Gorchymyn Mesur Plant a Theuluoedd (Cymru) 2010 (Cychwyn Rhif 2, Arbedion a Darpariaethau Trosiannol) (Diwygio) a (Diwygiadau Canlyniadol) 2011

art. 2(3)

Sch.

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

Rheoliadau Ffedereiddio Ysgolion a Gynhelir a Diwygiadau Amrywiol (Cymru) 2010

reg. 46(1)

The Charities Act 2006 (Changes in Exempt Charities) Order 2011

Sch.

para. 8(a)

art. 1(2)

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

Rheoliadau Ffedereiddio Ysgolion a Gynhelir a Diwygiadau Amrywiol (Cymru) 2010

reg. 46(2)

(3)

The Charities Act 2006 (Changes in Exempt Charities) Order 2011

Sch.

para. 8(b)

art. 1(2)

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

Rheoliadau Ffedereiddio Ysgolion a Gynhelir a Diwygiadau Amrywiol (Cymru) 2010

Sch. 7

para. 11A

The Government of Maintained Schools (Training Requirements for Governors) (Wales) Regulations 2013

Rheoliadau Llywodraethu Ysgolion a Gynhelir (Gofynion Hyfforddi ar gyfer Llywodraethwyr) (Cymru) 2013

reg. 7(1)

reg. 1(1)

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

Rheoliadau Ffedereiddio Ysgolion a Gynhelir a Diwygiadau Amrywiol (Cymru) 2010

Sch. 7

para. 13(a)

The Government of Maintained Schools (Training Requirements for Governors) (Wales) Regulations 2013

Rheoliadau Llywodraethu Ysgolion a Gynhelir (Gofynion Hyfforddi ar gyfer Llywodraethwyr) (Cymru) 2013

reg. 7(2)

reg. 1(1)

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

PART 1INTRODUCTION

1Title, commencement and application

2Interpretation

PART 2ESTABLISHING OR JOINING A FEDERATION

3Prescribed cases

4Procedure for schools wishing to federate

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

6(1) Where a governing body decide that they should federate...

7(1) The governing bodies proposing to federate must jointly consider...

8New schools wishing to federate

9(1) Parts 1 to 3 and 5 to 7 of...

10Incorporation of governing bodies of federations and dissolution of former governing bodies

PART 3CATEGORIES OF GOVERNOR

11Parent governors

12Teacher governors

13Staff governors

14Local authority governors

15Community governors and additional community governors

16Foundation governors

17Partnership governors

18Sponsor governors

19Representative governors

20Associate pupil governors

PART 4COMPOSITION OF GOVERNING BODIES OF A FEDERATION

21General principles

22Federation comprising only community, community special and maintained nursery schools

23Federation comprising only foundation or foundation special schools

24Federation comprising voluntary controlled schools only

25Federation comprising voluntary aided schools only

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

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

28Additional Community Governors

29Notification of vacancies and appointments

30Joint appointments

31Surplus Governors

PART 5QUALIFICATIONS AND TENURE OF OFFICE

32Qualifications and disqualifications

33Term of office

34Resignation

35Removal of local authority, foundation, representative, additional community and sponsor governors

36Removal of community governors

37Removal of appointed parent governors, partnership governors and associate pupil governors

38Procedure for removal of governors by the governing body

PART 6INSTRUMENT OF GOVERNMENT, STAFFING, SCHOOL COUNCILS AND CHARITABLE STATUS

39Duty to have regard to guidance

40Contents and form of instrument of government

41Procedure for making an instrument

42Review of instruments of government

43Other requirements relating to instruments of government

44Staffing of federations

45School Council Regulations

46Charitable status of federations

PART 7APPOINTMENT, FUNCTIONS AND REMOVAL OF OFFICERS

47Election of the chair and vice-chair

48Delegation of functions to the chair or vice-chair in cases of urgency

49Removal of the chair or vice-chair from office

50Appointment and removal of the clerk to the governing body

51Functions of the clerk to the governing body

PART 8MEETINGS AND PROCEEDINGS OF GOVERNING BODIES

52Right of persons to attend meetings of the governing body

53Exclusion of associate pupil governors from meetings

54Convening meetings of the governing body

55Quorum and proceedings of the governing body

56Minutes and papers

57Publication of minutes and papers

58Suspension of governors

59Delegation of functions

60Restrictions on delegation and specified committees

61Reporting to the governing body following the exercise of delegated functions

PART 9COMMITTEES OF GOVERNING BODIES

62Application of this Part

63Establishment of committees of the governing body

64Staff disciplinary and dismissal committee and disciplinary and dismissal appeals committee

65Pupil discipline and exclusions committee

66Admissions committee

67Clerks to committees

68Right of persons to attend meetings of committees

69Meetings of committees

70Minutes of meetings of committees

71Publication of minutes and papers

PART 10RESTRICTIONS ON PERSONS TAKING PART IN PROCEEDINGS OF THE GOVERNING BODY OR ITS COMMITTEES

72Restrictions on persons taking part in proceedings

PART 11INFORMATION AND FUNDING

73Information for the governing body of a federation

74Financing of federations

75(1) In its application to a federated school in Wales,...

PART 12FEDERATED SCHOOLS LEAVING FEDERATIONS

76Procedure for a school to leave a federation

77Decision to permit federated school to leave a federation

78Availability of amounts representing budget share

79Incorporation of governing body of a school leaving a federation

80Transfer of property

PART 13DISSOLUTION OF FEDERATIONS

81Dissolution of federations

82Establishment of temporary governing body

83For the purposes of regulation 82(b)— (a) the reference in...

84Availability of amounts representing budget share

85Incorporation of governing body of a school leaving a federation

86Transfer of property

PART 14MISCELLANEOUS AMENDMENTS TO REGULATIONS

87Amendments to the Government of Maintained Schools Regulations

88Amendment to the Education (Foundation Body) (Wales) Regulations 2001

SCHEDULE 1Temporary governing bodies of new schools intending to federate

1General principles

2In determining the size of the membership of the temporary...

3In determining the size of the membership of the temporary...

4Where application of paragraphs 5 to 10 produces a number...

5Temporary governing body for new community, community special or maintained nursery schools

6Temporary governing body for new foundation or foundation special schools

7Temporary governing body for new voluntary controlled schools

8Temporary governing body for new voluntary aided schools

9Temporary governing body for new voluntary controlled schools and community, community special or maintained nursery schools

10Temporary 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

11Temporary sponsor and associate pupil governors

12Temporary Additional Community Governors

SCHEDULE 2Election and appointment of parent governors

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

2(1) Where a local authority is the appropriate body in...

3Subject to paragraphs 4 to 8 the appropriate body must...

4The appropriate body must determine for the purposes of an...

5The duty conferred by paragraph 3— (a) does not include...

6Any election which is contested must be held by secret...

7(1) The arrangements made under paragraph 3 must provide for...

8Where a vacancy for a parent governor arises, the appropriate...

9The number of parent governors required must be made up...

10(1) Except where paragraph 11 applies, in appointing a parent...

11(1) Where the school is a community special school or...

SCHEDULE 3Election of teacher and staff governors

1Subject to paragraphs 2 to 4, the governing body of...

2The governing body of the federation is to determine for...

3The duty conferred by paragraph 1— (a) does not include...

4Any election which is contested must be held by secret...

SCHEDULE 4Appointment of partnership governors

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

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

3(1) In the case of a foundation special school without...

4Subject to paragraph 5(2), no governor may nominate a person...

5(1) The governing body must appoint such number of partnership...

6(1) Where the governing body of a federation makes an...

7The governing body of a federation must make all necessary...

SCHEDULE 5Appointment of sponsor governors

1In this Schedule, “sponsor” (“noddwr”) in relation to a federation...

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

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

SCHEDULE 6Appointment of representative governors

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

2Where a community special school is not established in a...

SCHEDULE 7Qualifications and disqualifications

1General

2No person may at any time hold the office of...

3Save as otherwise provided in these Regulations, the fact that...

4Mental disorder

5Failure to attend meetings

6Bankruptcy

7Disqualification of company directors

8Disqualification of charity trustees

9Persons whose employment is prohibited or restricted

10Criminal convictions

11Governors of more than two schools

12Refusal to make an application for a criminal records certificate

13Notification to clerk

SCHEDULE 8Modification of the Staffing Regulations

1In regulation 3, after paragraph (7) insert the following paragraph—...

2In regulation 4, for paragraph (1) substitute–

3In regulation 6(1)(a), after “sending a copy to the” insert...

4In regulations 7(1), (2)(a) to (c) and (4)(c), 24A(2) and...

5In regulation 7(3) for “school’s staff” substitute “federation or federated...

6In regulation 7(4)(a) for “school” substitute “federation”.

7In regulation 7(4)(b) and (d) for “school” substitute “federated school”....

8In regulations 9 and 20 after “This Part applies to”...

9In regulations 9A(3), 9B and 20A(3), for “school” in each...

10In regulation 10(11) for “work at the school” substitute “work...

11In regulations 12(1), 12(4), 12(9)b), 12(15), 15A(1), (2) and (5),...

12In regulations 15A(4), 18(3) and 24A(4) for “work at the...

13In regulation 16 for paragraph (1) substitute—

14In regulation 17(4) for “school's” substitute “federated school's”.

15In regulation 18(1) for “work at a school” substitute “work...

16In regulation 18(3) for “school” in the first place it...

17In regulations 18A and 26A for “school” substitute “federation or...

18In regulation 19(1) after “applies to a” insert “federated”.

19In regulation 19(2)(a) after “teachers at the” insert “federated”.

20In regulation 19(4) after “apply to a” insert “federated”.

21In regulation 23(1) after “foundation school” insert “which is a...

22In regulation 23(5) for “school” substitute “federated school”.

23In regulation 24, after paragraph (8) insert—

24In regulation 24A for paragraph (1) substitute—

25In regulation 28 for paragraph (1) substitute—

26In regulation 32, for paragraph (2) substitute—

27In regulation 32(3) for “the school” substitute “a federated school”...

28In regulations 33(1) and 34(1) after “voluntary aided school” insert...

29In regulation 35, after “school” insert “which is to be...

SCHEDULE 9Modification of the School Councils Regulations

1In regulation 2 in the definition of “school” for “maintained...

2In regulation 2 in the definition of “infant school” for...

3In regulation 2 in the definition of “special educational needs...

4In regulation 3 for paragraph (1) substitute—

5In regulation 3(2) for “head teacher of a school” substitute...

6In regulation 3(3) for “head teacher of a school” substitute...

7In regulation 3(4) for “head teacher of a school” substitute...

8In regulation 4(2) for “head teacher” substitute “head teacher of...

9In regulation 4(4) for “head teacher of any school” substitute...

10In regulation 5 after “foundation special schools” insert “which are...

11For regulation 7 substitute— (1) The head teacher of the...

SCHEDULE 10Restrictions on persons taking part in proceedings of the governing body or its committees

1Pecuniary interests

2Office of governor, chair, vice-chair or clerk

3Pay or appraisal of persons working at the school

4Appointment of staff

5Persons who are members of more than one governing body

2010 No. 638 (W.64)

EDUCATION, WALES

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

Made7 March 2010

Laid before the National Assembly for Wales9 March 2010

Coming into force12 April 2010

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State in sections 21(5) and (6), and 138(7) and (8) of the School Standards and Framework Act 19981, and in exercise of the powers conferred on the National Assembly for Wales in sections 19(2), (3) and (8), 20(2), (3) and (4), 24, 25, 34(5), 35(4) and (5), 36(4) and (5), 210(7), and 214 of the Education Act 2002 and now vested in them2 make the following Regulations: