The School Governance (Roles, Procedures and Allowances) (England) Regulations 2013

Prospective

Regulation 4

SCHEDULE 2 E+W Amendments

Amendments to the School Governance (Collaboration) (England) Regulations 2003 E+W

1.—(1) In the School Governance (Collaboration) (England) Regulations 2003(1)—

(a) in regulation 2 for the definition of “the Procedures Regulations” substitute the following definition—

““the Procedures Regulations” means the School Governance (Roles, Procedures and Allowances) (England) Regulations 2013;”;

(b) for regulation 3 substitute—

“3.— (1) Two or more governing bodies (“collaborating governing bodies”) may arrange for any of their functions to be discharged jointly, subject to regulations 18(2), 18(3), 19(3), 19(4) and 20(2) of the Procedures Regulations.

(2) Where collaborating governing bodies make arrangements in accordance with paragraph (1) in respect of their functions relating to individual members of the school staff, the regulations made under sections 35 and 36 of the EA 2002 apply to the discharge of such functions.

(3) Where collaborating governing bodies make arrangements in accordance with paragraph (1), they may also delegate the discharge of any of their functions that may be delegated to a committee under regulation 18 of the Procedure Regulations, to a committee established by them.

(4) For the purposes of these Regulations, in regulations 17 to 19 of the Procedures Regulations—

“committee” means a committee established in accordance with paragraph (3);

“governor” means a member of any of the collaborating governing bodies;

“governing body” means a collaborating governing body; and

“head teacher” means the head teacher of any of the schools.”;

(c) in paragraph (4) of regulation 6, after “Regulations 2007” insert “or regulation 17 of, and paragraphs 2 to 15 of Schedule 4 to the School Governance (Constitution) (England) Regulations 2012”; and

(d) in sub-paragraph (a) of paragraph (1) of regulation 7, for “15” substitute “17”.

Commencement Information

I1 Sch. 2 para. 1 in force at 1.9.2013, see reg. 1(1)

Amendments to the School Governance (Federations) (England) Regulations 2012 E+W

2.  In the School Governance (Federations) (England) Regulations 2012(2)—

(a) In regulation 5 for ““the Procedures Regulations” means the School Governance (Procedures) (England) Regulations 2003” substitute ““the Roles and Procedures Regulations” means the School Governance (Roles, Procedures and Allowances) (England) Regulations 2013”.

(b) After Regulation 20 insert—

“Part 3A E+W

Roles of the governing body and head teacher

20A— (1) The functions of the governing body include the following core functions—

(a) ensuring that the vision, ethos and strategic direction of the federation and each federated school are clearly defined;

(b) ensuring that the head teacher of the federation or of each federated school performs his or her responsibilities for the educational performance of the school or schools as the case may be; and

(c) ensuring the sound, proper and effective use of the financial resources of the federation and each federated school.

(2) In exercising their functions the governing body shall—

(a) act with integrity, objectivity and honesty and in the best interests of the federation; and

(b) be open about the decisions they make and the actions they take and in particular shall be prepared to explain their decisions and actions to interested parties.

(3) The governing body must appoint a clerk with a view to ensuring their efficient functioning and must have regard to advice from the clerk as to the nature of the governing body’s functions.

(4) The responsibilities of the head teacher of the federation or of each federated school include—

(a) the internal organisation, management and control of the federated schools, or school as the case may be; and

(b) the educational performance of the federated schools, or school as the case may be.

(5) The head teacher of the federation or of a federated school is accountable to the governing body for the performance of all his or her responsibilities.

(6) The head teacher of the federation or of a federated school must comply with any reasonable direction of the governing body.

(7) In this regulation the term “governing body” includes the temporary governing body of new schools intending to federate.”

(c) In regulation 7 in paragraph 2, for “regulation 11(4) of the Procedures Regulations” substitute “regulation 13(4) of the Roles and Procedures Regulations”.

(d) In regulation 24 for “The Procedures Regulations” substitute “The Roles and Procedures Regulations”.

(e) For Schedule 6 substitute—

Regulation 24

“SCHEDULE 6 E+W Modification of the Roles and Procedures Regulations

1.   In Regulation 2—

(a) for “in relation to a governing body to which the Constitution Regulations 2007 apply, “associate member” has the meaning given in regulation 11 of the Constitution Regulations 2007, and in relation to a governing body to which the Constitution Regulations 2012 apply, “associate member” has the meaning given in regulation 12 of the Constitution Regulations 2012;” substitute ““associate member” has the meaning given by regulation 20 of the School Governance (Federations) (England) Regulations 2007 or regulation 20 of the School Governance (Federations) (England) Regulations 2012 as the case may be”; and

(b) after “a committee” means a committee established by the governing body to which the governing body has delegated any of its functions;” insert “a reference to a federation that includes schools maintained by more than one local authority is to be taken as a reference to each local authority;”.

2.   Omit regulation 6.

3.   In regulation 10(2) and 10(3) for “regulation 6(3)” substitute “regulation 20A(3) of the School Governance (Federations) (England) Regulations 2012.

4.   In regulation 7 for paragraph (3) substitute the following paragraph—

“(3) A governor who is employed at a federated school as a teacher or as any other member of the school’s staff is not eligible to be chair or vice-chair of the governing body of the federation in question.”.

5.   In regulations 7(5)(b), 8(2)(a), 8(2)(b), 8(2)(c), 13(6)(c), 14(5), 14(6), 15(3)(a), 15(3)(b), 17(1)(c), 17(1)(d), 26(9)(a) and 26(9)(b), and at paragraph 3(1) of Schedule 1, for “the school” substitute “a federated school.”.

6.   In regulation 14(7) for “a school” substitute “a federation”.

7.   In regulations 10(3), 16(a) 18(1)(b), 18(1)(c), 20(1)(b) and 23(3) for “head teacher” substitute “head teacher of the federation or of a federated school.”.

8.   In regulations 10(2)(b), 12(1)(b), 23(2), 25(b) and at paragraph 3(2) of Schedule 1, for “head teacher of the school” substitute “head teacher of the federation or of a federated school.”.

9.   In regulations 13(4)(b) and 26(2) for “head teacher” substitute “the head teacher of the federation or of each federated school”.

10.   In regulation 21 for “the school staff” substitute “a federated school’s staff”.

11.   In regulation 10(5) for “if at any time the school does not have a delegated budget” substitute “if at any time neither the federation nor any federated school within it has a delegated budget”.

12.   In regulation 28 for “maintained school which has a delegated budget” substitute “federation where the federation or any maintained school within it, as the case may be, has a delegated budget”.

13.   In regulation 29 for “maintained school which does not have a delegated budget” substitute “a federation where the federation, or each of the schools within it, as the case may be, does not have a delegated budget”.

14.   In Schedule 1, in sub-paragraph 1(2)(a), for “provided that the value of the relevant person’s pecuniary interest is no greater than that of the pecuniary interest commonly held by those paid to work at the school;” substitute “provided that the value of the relevant person’s pecuniary interest is no greater than that of the pecuniary interest commonly held by those paid to work at one or more schools within the federation;”.

Commencement Information

I2 Sch. 2 para. 2 in force at 1.9.2013, see reg. 1(1)

(1)

S.I. 2003/1962, which was amended by S.I. 2007/957.

(2)

S.I. 2012/1035.