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

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply to federations consisting of community schools, community special schools, voluntary controlled schools or maintained nursery schools in England.

Part 1 provides for the Regulations to come into force on 1 September 2003 and contains interpretative provisions.

Part 2 sets out the circumstances in which a federation can be established or a school can join an existing federation. At least two but no more than five schools can federate in accordance with section 24 of the Education Act 2002.

Regulation 5 enables action taken before 1 September 2003 to take effect as prescribed procedure.

Regulations 6 to 11 set out the procedure for schools to federate including circumstances where a federation wishes to join another federation to form a new federation and where a new school wishes to join a federation. Regulation 11 and Schedule 1 enable new schools which propose to be federated schools to have a single temporary governing body.

Regulation 12 provides that on the federation date the governing bodies of the individual schools dissolve and the governing body of the federation is incorporated. All relevant land, property, rights and liabilities are transferred to the governing body of the federation.

Part 3 describes the various types of governor. Regulation 13 and Schedule 2 deal with parent governors and set out the basis on which they are elected or appointed.

Regulation 14 deals with staff governors. This category includes both teaching and non-teaching staff and the head teacher of each federated school or of the federation. The head teacher of the federation and the head teacher of each school within the federation is a staff governor by virtue of his position but may resign his governorship (or withdraw his resignation) at any time. Schedule 3 deals with the election process for other staff governors.

Regulation 15 deals with the appointment of LEA governors.

Regulation 16 sets out who is eligible for appointment as a community governor. Schedule 4 sets out provisions as to the appointment of community governors in special schools.

Regulation 17 deals with the appointment of foundation governors, including ex officio foundation governors and substitute governors. Regulation 18 and Schedule 5 make provision for the nomination and appointment of sponsor governors. The appointment of sponsor governors is optional.

Regulation 19 provides for the appointment of persons who are not governors (known as associate members) to committees of the governing body of a federation.

Part 4 sets out the general principles by which the size and composition of governing bodies of federations are to be determined. Regulations 21 to 23 set out the specific requirements for the constitution of the governing bodies of federations, dependent upon the type of schools which make up a federation.

Part 5 applies provisions within other sets of Regulations to the governing bodies of federations, and to governors, where certain modifications are required as set out in Schedules 6 to 8. Provisions relating to the exercise of the power to nominate and appoint a governor and relating to qualifications and terms of office apply, together with provisions dealing with the procedure for making, reviewing and varying a federation’s instrument of government and the contents of that instrument of government. The instrument of government of a federation must conform to the School Governance (Constitution) (England) Regulations 2003.

Part 6 deals with information and funding matters. Regulation 27 provides for the governing bodies of each school which will be part of a federation to provide specified information to assist the governing body of the federation.

Regulation 28 applies Chapter IV of Part II of the School Standards and Framework Act 1998 to federations subject to regulation 29, which modifies section 50 of the 1998 Act as it applies to federated schools and the governing bodies of federations. The modified section 50 applies until a temporary governing body is established when a school proposes to leave a federation or when a federation is dissolved.

Part 7 sets out the procedure required for a federated school to leave a federation. Regulation 31 provides for the matter to be referred to and determined by the Secretary of State.

Regulation 32 provides that where a school is to leave a federation, the local education authority must establish a temporary governing body and issue an instrument of government in respect of that school and review the instrument of government of the federation. Under regulation 33, the temporary governing body of the school leaving the federation may spend its budget share made available by the local education authority.

Regulation 34 provides for the incorporation of the governing body of the school leaving the federation on the de-federation date and regulation 35 deals with the transfer of land, property, rights and liabilities to the governing body of the school leaving the federation.

Part 8 sets out the procedure for the dissolution of a federation. The local education authority must establish a temporary governing body for each school within the federation and issue an instrument of government in relation to each school.

Regulation 38 enables the temporary governing body of each school to spend the budget share made available to it by the local education authority.

Regulation 39 provides for the incorporation (on the date of dissolution) of the governing bodies of each school previously within the dissolved federation and regulation 40 deals with the transfer of land, property, rights and liabilities to the governing body of each of those schools.