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The School Governance (Federations) (England) Regulations 2004
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PART 5INSTRUMENTS OF GOVERNMENT, PROCEDURES, STAFFING AND CHARITABLE STATUS
Qualifications, tenure of office and instruments of government
28. Regulations 17 (Notification of appointments), 18 (Joint appointments) and 20 to 32 of, and Schedule 6 (Qualifications and disqualifications) to, the Constitution Regulations shall apply to the governing body of a federation and its members subject to the modifications in Schedule 7.
Procedures of governing bodies of federations
29. The Procedures Regulations shall apply to the procedure of governing bodies of federations subject to the modifications in Schedule 8.
Staffing of federations
30. The Staffing Regulations shall apply to the staffing of federations subject to the modifications in Schedule 9.
Charitable status of federations
31.—(1) The governing body of a federation which includes a foundation, voluntary or foundation special school shall be a charity which is an exempt charity for the purposes of the Charities Act 1993(1), but no governing body of a federation which includes only community, community special or maintained nursery schools shall be a charity.
(2) So far as it is a charity, any institution which—
(a)is administered by or on behalf of any governing body of a federation which includes a foundation, voluntary or foundation special school; and
(b)is established for the general purposes of, or for any special purpose of, or in connection with, that body or that federation or any foundation, voluntary or foundation special school within that federation,
shall also be an exempt charity for the purposes of the Charities Act 1993.
(3) In this regulation, “charity” and “institution” have the same meaning as in the Charities Act 1993.
(1)
1993 c. 10. This regulation modifies section 23 of the School Standards and Framework Act 1998 in its application to schools forming part of a federation or to the governing bodies of federations, in each case comprising schools within different categories.
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