The Federation of Schools (Community Schools, Community Special Schools, Voluntary Controlled Schools and Maintained Nursery Schools) (England) Regulations 2003

1. Introductory Text

2. PART 1 General Provisions

   1. 1. Citation, commencement and application

   2. 2. Interpretation

3. PART 2 ESTABLISHING OR JOINING A FEDERATION

   1. 3. Prescribed condition

   2. 4. Prescribed cases

   3. 5. Procedure for schools wishing to federate

   4. 6. (1) Where an eligible governing body are considering federation, they...

   5. 7. (1) Where an eligible governing body propose that they should...

   6. 8. (1) Where an eligible governing body decide that they should...

   7. 9. (1) The governing bodies proposing to federate shall jointly consider...

   8. 10. New schools wishing to federate

   9. 11. (1) Where it is proposed that two or more new...

   10. 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. Sponsor governors

   7. 19. Associate members

5. PART 4 COMPOSITION OF GOVERNING BODIES OF A FEDERATION

   1. 20. General principles

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

   3. 22. Federation comprising voluntary controlled schools

   4. 23. Federation comprising more than one category of school

6. PART 5 INSTRUMENTS OF GOVERNMENT, PROCEDURES AND STAFFING

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

   2. 25. Procedures of governing bodies of federations

   3. 26. Staffing of federations

7. PART 6 INFORMATION AND FUNDING

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

   2. 28. Financing of Federations

   3. 29. (1) In its application to a federated school in England,...

8. PART 7 FEDERATED SCHOOLS LEAVING FEDERATIONS

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

   2. 31. Referral to the Secretary of State

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

   4. 33. Availability of amounts representing budget share

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

   6. 35. Transfer of property

9. PART 8 DISSOLUTION OF FEDERATIONS

   1. 36. Dissolution of federations

   2. 37. Upon receipt of the notice issued under regulation 36, the...

   3. 38. Availability of amounts representing budget share

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

   5. 40. Transfer of property

10. Signature

11. 1. SCHEDULE 1

       Temporary governing bodies of new schools intending to federate

       1. 1. General principles

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

       3. 3. Where application of paragraphs 4 to 7 produces a number...

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

       5. 5. New community schools, community special schools and maintained nursery schools

       6. 6. New voluntary controlled schools

       7. 7. New schools of more than one category

       8. 8. Temporary sponsor governors

    2. SCHEDULE 2

       Election and appointment of parent governors

       1. 1. In this Schedule, where reference is made to the authority...

       2. 2. The authority may delegate to the head teacher of the...

       3. 3. Subject to paragraphs 2 and 4 to 7 the authority...

       4. 4. The power 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. The authority may delegate to the head teacher of the...

       2. 2. Subject to paragraphs 3 and 4, the authority shall make...

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

       4. 4. 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

       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...

    6. SCHEDULE 6

       Modification of the Constitution Regulations

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

       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 paragraph (1) for “school” there...

       8. 8. In Schedule 6— (a) in paragraph 1(2) for “regulation 11”...

    7. SCHEDULE 7

       Modification of the Procedure Regulations

       1. 1. In regulation 3(1) for “regulation 11 of the Constitution Regulations”...

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

       3. 3. In regulations 5(5)(b), 13(3)(a), 15(1)(a), 15(1)(d) and 24(9)(a) and paragraphs...

       4. 4. In regulation 6 for paragraph (2) there shall be substituted...

       5. 5. In regulations 8(3)(c), 10(1)(b), 18(1)(b), 21(1), 23(1)(b) and 24(2) and...

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

       7. 7. In regulations 11(5)(c), 12(4), 13(3)(b), 17(3) and 24(9)(b) for “the...

       8. 8. In regulations 12(5), 14(1)(b), 14(2) and 14(4) to (6) for...

       9. 9. In regulations 11(4)(b), 14(1)(a), 16(1)(c) and 21(2) for “the head...

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

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

    8. SCHEDULE 8

       Modification of the Staffing Regulations

       1. 1. In regulation 10 there shall be inserted “and federations or...

       2. 2. In regulations 4(2)(a) and (c), 4(3), 4(4) and 13(1)(a) for...

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

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

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

       6. 6. In regulation 18(1) and (3) for “work at a school”...

       7. 7. In regulations 28(2), 29, 30(3) and 31(1) and paragraph 2(5)...

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

       9. 9. In regulations 30 and 31 for sub-paragraphs (a), (b) and...

12. Explanatory Note