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

Regulation 9

SCHEDULE 1 Temporary governing bodies of new schools intending to federate

General principles

1.  The size of the membership of the temporary governing body, being no fewer than 15 and no more than 25 temporary governors, is to be determined by the local authority.

2.  In determining the size of the membership of the temporary governing body, the local authority must not include—

(a) any temporary sponsor governors;

(b) any temporary foundation governors appointed in accordance with paragraph 8(2); or

(c) any temporary associate pupil governors.

3.  In determining the size of the membership of the temporary governing body, the local authority must include any temporary additional community governors appointed in accordance with paragraph 12.

4.  Where application of paragraphs 5 to 10 produces a number other than a whole number, the local authority is to specify either the whole number next above or the whole number next below (at their choice) provided that the total number of temporary governors is within the limits set in paragraph 1.

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

5.  A temporary governing body constituted for two or more proposed community schools, proposed community special schools or proposed maintained nursery schools only, is to be composed as follows–

(a) for each proposed school at least one temporary parent governor appointed to represent the interests of the parents of children who are, or are likely to become, registered pupils at that school;

(b) at least one but no more than two temporary teacher governors;

(c) at least one but no more than two temporary staff governors;

(d) at least two temporary local authority governors;

(e) subject to sub-paragraph (f) at least two temporary community governors;

(f) at least one temporary representative governor where the proposed federation contains at least one proposed community special school to take the place of an equal number of the community governors required by sub-paragraph (e); and

(g) the head teacher or the head teacher designate of each proposed school, unless he or she resigns his or her governorship.

Temporary governing body for new foundation or foundation special schools

6.  A temporary governing body constituted for two or more proposed foundation schools or foundation special schools only, is to be composed as follows—

(a) for each proposed school at least one temporary parent governor appointed to represent the interests of the parents of children who are, or are likely to become, registered pupils at that school;

(b) at least one but no more than two temporary teacher governors;

(c) at least one but no more than two temporary staff governors;

(d) at least two temporary local authority governors;

(e) at least two temporary community governors;

(f) at least two temporary foundation governors (or temporary partnership governors as appropriate in respect of any school without a foundation); and

(g) the head teacher or the head teacher designate of each proposed school, unless he or she resigns his or her governorship.

Temporary governing body for new voluntary controlled schools

7.  A temporary governing body constituted for two or more proposed voluntary controlled schools only, is to be composed as follows—

(a) for each proposed school at least one temporary parent governor appointed to represent the interests of the parents of children who are, or are likely to become, registered pupils at that school;

(b) at least one but no more than two temporary teacher governors;

(c) at least one but no more than two temporary staff governors;

(d) at least two temporary local authority governors;

(e) at least two temporary community governors; and

(f) at least two temporary foundation governors; and

(g) the head teacher or the head teacher designate of each proposed school, unless he or she resigns his or her governorship.

Temporary governing body for new voluntary aided schools

8.—(1) A temporary governing body constituted for two or more proposed voluntary aided schools only, is to be composed as follows–

(a) for each proposed school at least one temporary parent governor appointed to represent the interests of the parents of children who are, or are likely to become, registered pupils at that school;

(b) at least one but no more than two temporary teacher governors;

(c) at least one but no more than two temporary staff governors;

(d) at least two temporary local authority governors;

(e) such number of temporary foundation governors as out number all the other temporary governors listed in sub-paragraphs (a) to (d) by two; and

(f) the head teacher or the head teacher designate of each proposed school, unless he or she resign his or her governorship.

(2) In addition, the person who is entitled to appoint temporary foundation governors may appoint such number of temporary foundation governors (up to two or where the federation contains new secondary schools only, up to four) as are required to preserve their majority.

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

9.  A temporary governing body constituted for at least one proposed voluntary controlled school and at least one proposed community school, community special school or proposed maintained nursery school is to be composed as follows—

(a) for each proposed school at least one temporary parent governor appointed to represent the interests of the parents of children who are, or are likely to become, registered pupils at that school;

(b) at least one but no more than two temporary teacher governors;

(c) at least one but no more than two temporary staff governors;

(d) at least two temporary local authority governors;

(e) subject to sub-paragraph (g), at least two temporary community governors;

(f) at least two temporary foundation governors;

(g) at least one temporary representative governor where the proposed federation contains at least one proposed community special school to take the place of one of the community governors required by sub-paragraph (e); and

(h) the head teacher or the head teacher designate of each proposed school, unless he or she resigns his or her governorship.

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

10.  A temporary governing body constituted for more than one category of school and at least one proposed foundation school, foundation special school or voluntary aided school is to be composed as follows–

(a) for each proposed school at least one temporary parent governor appointed to represent the interests of the parents of children who are, or are likely to become, registered pupils at that school;

(b) at least one but no more than two temporary teacher governors;

(c) at least one but no more than two temporary staff governors;

(d) at least two temporary local authority governors;

(e) subject to sub-paragraph (g), at least two temporary community governors;

(f) at least two temporary foundation governors (or temporary partnership governors as appropriate in respect of any school without a foundation);

(g) at least one temporary representative governor where the proposed federation contains at least one proposed community special school to take the place of one of the community governors required by sub-paragraph (e); and

(h) the head teacher or the head teacher designate of each proposed school, unless he or she resigns his or her governorship.

Temporary sponsor and associate pupil governors

11.  A temporary governing body constituted in accordance with paragraphs 5 to 10 may, in addition—

(a) appoint up to two temporary sponsor governors; and

(b) appoint up to two temporary associate pupil governors.

Temporary Additional Community Governors

12.—(1) This paragraph applies to a temporary governing body constituted in accordance with paragraphs 5 to 10 for one or more of the following—

(a) any proposed community, voluntary or foundation school which is to be a primary school; and

(b) any proposed maintained nursery school;

which serves an area for which there are one or more community councils.

(2) The instrument of government of a proposed school must provide for the temporary governing body to include (in addition to the governors required by virtue of paragraphs 5 to 11, as the case may be) one temporary community governor nominated by the community council.

(3) If a proposed school serves an area for which there are two or more community councils, the temporary governing body may seek nominations from one or more of those councils.