Education Act 2002

24 Federations of schools E+W

(1) In prescribed cases, the governing bodies—

(a) of two or more maintained schools,

(b) of an existing federation and of one or more maintained schools, or

(c) of two or more existing federations,

may, after complying with prescribed conditions and in accordance with prescribed procedure, provide for their respective schools to be federated for the purposes of this Chapter.

(2) In this Chapter “federation” means a group of schools that are federated by virtue of this section, and “federated school” means a school forming part of a federation.

(3) Where any schools are federated by virtue of this section, they shall—

(a) have a single governing body constituted under a single instrument of government, and

(b) in prescribed cases, be treated as a single school for the purposes of such enactments as may be prescribed, other than any enactment contained in Chapter 2 of Part 2 of the School Standards and Framework Act 1998 (c. 31) (establishment, alteration or discontinuance of schools) or in Part 3 of that Act (school admissions).

(4) Regulations may make provision—

(a) as to the dissolution of governing bodies on the formation of a federation,

(b) enabling the governing body of a federation to continue in existence as a body corporate when one or more schools join or leave the federation,

(c) as to the circumstances in which and manner in which a federation may be dissolved, or one or more schools may leave a federation,

(d) enabling the governing body of a federation that is dissolved to be replaced either by governing bodies for each of the constituent schools or by governing bodies which include the governing body of a new federation,

(e) as to the transition from one governing body to another,

(f) as to the transfer of property, rights and liabilities between governing bodies, or between local education authorities and governing bodies, and

(g) as to such other matters relating to federations, federated schools or the formation or dissolution of federations as the Secretary of State, or as the case may be the National Assembly for Wales, considers appropriate.

(5) Regulations made by virtue of subsection (4)(f) in relation to the transfer of property, rights and liabilities may—

(a) provide for prescribed matters to be determined by the Secretary of State or the National Assembly for Wales,

(b) apply with modifications any provision of Schedule 10 to the Education Reform Act 1988 (c. 40) (supplementary provisions with respect to transfers under that Act), or

(c) make provision equivalent to that made by any provision of that Schedule.

(6) In any enactment—

(a) any reference to the governing body or governors of a school is to be construed, in relation to a federated school, as a reference to the governing body or governors of the federation, and

(b) any reference to the instrument of government of a school is to be construed, in relation to a federated school, as a reference to the instrument of government of the federation.

Commencement Information

I1 S. 24(1) in force at 1.4.2003 for specified purposes except in relation to W. by S.I. 2003/124, art. 4

I2 S. 24(1) in force at 1.9.2003 so far as not already in force except in relation to W. by S.I. 2003/1667, art. 4

I3 S. 24(2)-(6) in force at 1.4.2003 except in relation to W. by S.I. 2003/124, art. 4