The School Governance (Federations) (England) Regulations 2012

46.—(1) An application for an Academy order in respect of a federated school under section 3 of AA 2010 must be made by those governors, being no fewer than three in number, who—

(a) together make up a proportion of the total number of governors determined in accordance with paragraph (2); and

(b) include members of the federated governing body of each description prescribed in paragraph (3).

(2) The proportion is determined by dividing one by the total number of federated schools in the federation.

(3) The prescribed descriptions are—

(a) the head teacher of the federated school, unless the head teacher has resigned the office of governor in accordance with regulation 19 of the Constitution Regulations 2012;

(b) any parent governor or parent governors elected by parents of registered pupils at the federated school or appointed to represent the federated school;

(c) any staff governor employed by the federated governing body or local authority to work at the federated school; and

(d) where the proposed application for an Academy order is in respect of a foundation or voluntary school, any foundation governors appointed in respect of the federated school.

(4) In any case where the application of the proportion determined in accordance with paragraph (2) leads to other than a whole number of governors, the number must be rounded up to the nearest whole number.