The School Governance (Federations) (England) Regulations 2007

Statutory Instruments

2007 No. 960

Education, england

The School Governance (Federations) (England) Regulations 2007

Made

22nd March 2007

Laid before Parliament

4th April 2007

Coming into force

25th May 2007

The Secretary of State for Education and Skills makes the following Regulations in exercise of the power conferred by sections 19(2), (3) and (8), 20(2), (3) and (4), 24, 25, 34(5), 35(4) and (5), 36(4) and (5) and 210(7) of the Education Act 2002(1).

PART 1 GENERAL PROVISIONS

Citation, commencement and application

1.—(1) These Regulations may be cited as the School Governance (Federations) (England) Regulations 2007 and come into force on 25th May 2007.

(2) These Regulations apply only in relation to England.

Revocation

2.  The School Governance (Federations) (England) Regulations 2004(2) are revoked.

Interpretation

3.—(1) In these Regulations—

“SSFA 1998” means the School Standards and Framework Act 1998(3);

“EA 2002” means the Education Act 2002;

“authority” means the local education authority by which a maintained school is, or a proposed school is to be, maintained;

“the Constitution Regulations” means the School Governance (Constitution) (England) Regulations 2007(4);

“day” means school day as defined by section 579 of the Education Act 1996(5);

“the federation date” means the date on which governing bodies federate;

“governing body” means a governing body incorporated under section 19(1) of EA 2002 or these Regulations as appropriate;

“new school” has the same meaning as in the New Schools Regulations;

“the New Schools Regulations” means the School Governance (New Schools) (England) Regulations 2007(6);

“the Procedures Regulations” means the School Governance (Procedures) (England) Regulations 2003(7);

“qualifying foundation school” means a foundation or a foundation special school which has a foundation established otherwise than under SSFA 1998, and whose instrument of government, before the federation date, provided for the majority of governors to be foundation governors appointed by the foundation; and

“the Staffing Regulations” means the School Staffing (England) Regulations 2003(8).

PART 2 ESTABLISHING OR JOINING A FEDERATION

Prescribed cases

4.—(1) Regulations 6 to 9 apply where at least two governing bodies propose to federate in accordance with section 24 of EA 2002.

(2) Regulations 10 and 11 apply where it is proposed to establish a new school and either—

(a) the temporary governing body wish to federate with one or more governing bodies; or

(b) the authority or, where the school is to be a foundation or voluntary school proposals for the establishment of which were published by proposers, the proposers propose that the school be a federated school.

Procedure for schools wishing to federate

5.  If, before 25th May 2007 any action was taken which (had it been taken on or after that day) would to any extent have satisfied the requirements of regulations 6 to 9, those requirements are to that extent to be treated as satisfied.

6.—(1) Where a governing body are considering federation, they must first consider a report on the proposal.

(2) The report must be specified as an item on the agenda for the meeting of which notice has been given in accordance with regulation 11(4) of the Procedures Regulations.

7.—(1) Where a governing body propose that they should federate with the governing body of a federation, they must give notice of the proposal to the governing body of the federation.

(2) Upon receipt of the notice, the governing body of the federation must consider whether they should—

(a) give preliminary consent to the governing body joining the federation (“preliminary consent”); or

(b) determine that the governing body should not join the federation.

8.—(1) Where a governing body decide that they should federate with one or more other governing bodies and, where necessary, preliminary consent has been given, they must jointly with the other governing body or bodies publish proposals for federation.

(2) The proposals must contain the following—

(a) the name or names of the governing body or bodies with which the governing body propose to federate and confirmation that that governing body, or those governing bodies, have resolved likewise to federate;

(b) the proposed size of the governing body of the federation;

(c) the proposed number of governors for each category of governor;

(d) the proposed arrangements for staffing the schools within the federation;

(e) the proposed federation date;

(f) the identity of the admission authority or authorities for the schools within the federation;

(g) the date, not less than 6 weeks after the publication of the proposals, by which written representations may be made to the governing body regarding the proposals and the address to which they should be sent; and

(h) such other matters as the governing bodies consider appropriate.

(3) The governing bodies proposing to federate must publish the proposals by sending them to—

(a) the relevant authorities;

(b) the head teacher of each school;

(c) in the case of any school with a foundation—

(i) the foundation governors; and

(ii) any trustees of a trust relating to the school;

(d) where any of the schools are designated under section 69(3) of SSFA 1998 as having a religious character, the appropriate diocesan authority in the case of a Church of England or Roman Catholic Church school, or the appropriate religious body in the case of any other such school;

(e) all staff paid to work at any of the schools;

(f) every person known to them to be a parent of a registered pupil at any of the schools; and

(g) such other persons as the governing bodies consider appropriate.

(4) A copy of the proposals must be made available for inspection at all reasonable times at each school.

9.—(1) The governing bodies proposing to federate must jointly consider any responses to the proposals and each governing body must determine whether—

(a) to proceed with the proposals for federation as published;

(b) to proceed with the proposals for federation with such modifications as the governing body consider appropriate; or

(c) not to proceed with the proposals for federation.

(2) The modifications referred to in paragraph (1)(b) may not include a change in the identity of the governing bodies proposing to federate.

(3) All the governing bodies that have determined to proceed must jointly give notice of that fact to the relevant authority or authorities.

New schools wishing to federate

10.—(1) Where it is proposed that a new school should federate with one or more schools or a federation, paragraph (2) or (3) applies as appropriate.

(2) Where a temporary governing body has been established, regulations 6 to 9 have effect as if references to a governing body proposing to federate were references to a temporary governing body proposing to federate.

(3) Where a temporary governing body is yet to be established, regulations 6 to 9 have effect as if—

(a) references to the governing body proposing to federate were references to the authority or, where proposals are to establish a foundation or voluntary school proposals for the establishment of which were published by proposers, the proposers;

(b) regulation 6(2) were omitted; and

(c) in regulation 8(2)(a) for “the governing body propose to federate” there were substituted “the authority or the proposers propose that the temporary governing body of the new school should federate”.

11.—(1) Parts 1 to 3 and 5 to 7 of the New Schools Regulations apply to a temporary governing body constituted pursuant to this regulation.

(2) Where it is proposed that two or more new schools should federate together, with or without one or more other schools or other federation, the authority may make arrangements providing for the constitution of a single temporary governing body for those new schools.

(3) Where the proposed federation includes schools which are maintained by two or more authorities, those authorities are to agree amongst themselves who may make arrangements providing for the constitution of a single temporary governing body for those new schools.

(4) Where one or more of the new schools referred to in paragraph (2) is to be a foundation or voluntary school proposals for the establishment of which were published by proposers, the authority must consult the proposers—

(a) as to whether the power given to the authority in paragraph (2) should be exercised; and

(b) if the authority proposes to exercise it, as to the date on which the arrangements should be made.

(5) Schedule 1 applies to a temporary governing body constituted pursuant to this regulation.

Incorporation of governing bodies of federations and dissolution of former governing bodies

12.—(1) On the federation date—

(a) the governing bodies of the federating schools or federations are dissolved;

(b) the governing body of the federation is incorporated;

(c) all land and property which, immediately before the federation date, was held by the governing body of a federating school or federation transfers to, and by virtue of these Regulations vests in, the governing body of the federation; and

(d) all rights and liabilities subsisting immediately before the federation date which were acquired or incurred by the governing body of a federating school or federation be transferred to the governing body of the federation.

(2) Section 198 of the Education Reform Act 1988(9) (which, with Schedule 10 to that Act, makes further provision in relation to transfers of property, rights and liabilities) applies in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.

PART 3 CATEGORIES OF GOVERNOR

Parent governors

13.—(1) In these Regulations “parent governor” means—

(a) a person who is elected in accordance with paragraphs 3 to 7 of Schedule 2 as a member of the governing body of a federation by—

(i) parents of registered pupils at a federated school, or

(ii) parents of children for whom educational or other provision is made on the premises of any maintained nursery school in the federation (including any such provision made by the governing body under section 27 of EA 2002),

and is himself such a parent at the time when he is elected; or

(b) a person appointed as a parent governor in respect of a federated school in accordance with paragraphs 8 to 10 of Schedule 2.

(2) Schedule 2 applies to the election and appointment of parent governors.

(3) A person is disqualified from election or appointment as a parent governor of a federation if he is—

(a) an elected member of the authority; or

(b) paid to work at the federation or a federated school for more than 500 hours in any consecutive twelve month period.

(4) A person is not disqualified from continuing to hold office as a parent governor when he ceases to be a parent of a registered pupil at a federated school or to fulfil any of the requirements set out in paragraphs 9 and 10 of Schedule 2 (as the case may be) unless he is otherwise disqualified under these Regulations.

Staff governors

14.—(1) In these Regulations “staff governor” means—

(a) the head teacher of a federation or of a federated school who is a staff governor by virtue of his office, unless he resigns in accordance with regulation 23(1) of the Constitution Regulations;

(b) a person who is elected in accordance with Schedule 3 as a member of the governing body of a federation by persons who are paid to work at the federation or at a federated school and is himself a person so working at the time when he is elected.

(2) At least one staff governor (in addition to the head teacher or head teachers) is to be a school teacher unless no school teacher stands for election.

(3) Where the federation’s instrument of government(10) specifies that there are to be three or more staff governors, at least one staff governor must be a person who is not a school teacher, unless no such person stands for election.

(4) Upon ceasing to work at the federation or at a school within the federation, a staff governor is disqualified from continuing to hold office as such a governor.

LEA governors

15.—(1) In these Regulations “LEA governor” means a governor appointed to be a member of the governing body of a federation by the authority that maintains the federated schools.

(2) Where the federation includes schools which are maintained by two or more authorities, those authorities must agree amongst themselves who is to appoint such governors and, if more than one governor is to be appointed, in what proportion.

(3) A person is disqualified from appointment as an LEA governor if he is eligible to be a staff governor.

Community governors

16.—(1) In these Regulations “community governor” means a person who is appointed as such by the governing body of a federation and who is—

(a) a person who lives or works in the community served by the federation; or

(b) a person who, in the opinion of the governing body, is committed to the good government and success of the federation.

(2) If one or more of the federated schools is a community special school or foundation special school the governing body of the federation must appoint as one of the community governors a person nominated in accordance with Schedule 4 in respect of each such school.

(3) A person is disqualified from appointment as a community governor if he is—

(a) eligible to be a staff governor; or

(b) an elected member of the authority.

Foundation governors

17.—(1) In these Regulations,

(a) “foundation governor” means a person who is appointed to be a member of the governing body of the federation in respect of a particular federated school, otherwise than by the local education authority and who—

(i) is appointed for the purposes of securing that the character of the federated school, including where the federated school has a particular religious character, such religious character, is preserved, and

(ii) where the federated school has a foundation, is appointed for the purpose of securing that the federated school is conducted in accordance with the foundation’s governing documents, including, where appropriate, any trust deed relating to the federated school;

(b) “ex officio foundation governor” means a foundation governor who is the holder of an office by virtue of which he is entitled to be a foundation governor; and

(c) “substitute governor” means a foundation governor appointed to act in the place of an ex officio foundation governor who is unwilling or unable to act as a governor or has been removed from office under regulation 24(3) of the Constitution Regulations.

(2) An ex officio foundation governor is, upon ceasing to hold the office from which his governorship derives, disqualified from continuing to hold office as such a governor.

Partnership governors

18.—(1) In these Regulations “partnership governor” means a person who is nominated as a partnership governor and appointed as such in accordance with Schedule 5.

(2) A person is disqualified from nomination or appointment as a partnership governor of a federation if he is—

(a) a parent of a registered pupil at a school within the federation;

(b) eligible to be a staff governor of the federation;

(c) an elected member of a relevant authority; or

(d) employed by a relevant authority in connection with its functions as a local education authority.

Sponsor governors

19.  In these Regulations “sponsor governor” means a person nominated as a sponsor governor and appointed as such by the governing body of a federation in accordance with Schedule 6.

Associate members

20.—(1) In these Regulations “associate member” means a person appointed by the governing body of a federation as a member of any committee established by them but who is not a governor.

(2) An associate member holds office for a period of four years or such shorter period (not being less than one year) as may be determined by the governing body of a federation at the date of his appointment.

(3) Nothing in this regulation prevents an associate member from being reappointed at the expiration of his term of office.

(4) Any person who is disqualified from holding office as a governor of a school under Schedule 6 to the Constitution Regulations is likewise disqualified from appointment as, or from continuing as, an associate member of the governing body of a federation, save as provided in paragraph 1 of Schedule 6 to the Constitution Regulations.

PART 4 COMPOSITION OF GOVERNING BODIES OF A FEDERATION

General principles

21.—(1) Subject to paragraphs (2) and (3), the instrument of government for a federation is to specify the size of the membership of the governing body of the federation, being no fewer than 9 or more than 29 governors.

(2) In determining the size of the membership of the governing body of a federation any sponsor governors appointed in accordance with regulations 22 to 29 and any additional foundation governors appointed in accordance with regulations 25(2)(b) or 27(2)(b) are not to be included.

(3) Subject to regulations 22 to 29, the instrument of government is to specify the number of governors from each of the following categories of governor to be elected or appointed—

(a) parent governors;

(b) staff governors;

(c) LEA governors;

(d) community governors;

(e) foundation governors;

(f) partnership governors;

(g) sponsor governors.

(4) Where application of this regulation and regulations 22 to 29 produces a number other than a whole number, the governing body must specify either the whole number next above or the whole number next below (at their choice) provided that the total number of governors may not exceed the limit set in this regulation.

(5) In calculating the number of staff governors required, the head teachers must be included whether or not the head teacher of the federation, or any head teacher of a federated school, has resigned his governorship.

Federation comprising community, community special and maintained nursery schools

22.—(1) The governing body of a federation containing any combination of community schools, community special schools and maintained nursery schools(11) (and no other category of school) is to comprise the following—

(a) one third or more parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

(b) at least two but no more than one third staff governors;

(c) one fifth LEA governors; and

(d) one fifth or more community governors.

(2) The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.

Federation comprising only foundation or foundation special schools without foundations

23.—(1) The governing body of a federation containing only foundation or foundation special schools(12) which, in either case, do not have a foundation, is to comprise the following—

(a) at least one third parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

(b) at least two but no more than one third staff governors;

(c) at least one but no more than one fifth LEA governors;

(d) one tenth or more community governors; and

(e) at least two but no more than one quarter partnership governors.

(2) The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.

Federation comprising only foundation or foundation special schools which have a foundation but which are not qualifying foundation schools

24.—(1) The governing body of a federation containing only foundation or foundation special schools which have foundations but which are not qualifying foundation schools is to comprise the following—

(a) at least one third parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

(b) at least two but no more than one third staff governors;

(c) at least one but no more than one fifth LEA governors;

(d) one tenth or more community governors; and

(e) at least two but no more than 45 per cent foundation governors.

(2) The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.

Federation comprising qualifying foundation schools only

25.—(1) The governing body of a federation comprising qualifying foundation schools only is to comprise the following—

(a) for each federated school at least one parent governor elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

(b) at least two but no more than one third staff governors;

(c) at least one but no more than one fifth LEA governors;

(d) one tenth or more community governors;

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

(f) such number of foundation governors who are eligible for election or appointment as parent governors that, when they are counted with the parent governors, comprise one third or more of the total membership of the governing body.

(2) In addition—

(a) the governing body of the federation may appoint up to two, or where the federation contains secondary schools only, up to four sponsor governors; and

(b) the foundation may appoint such number of foundation governors (up to two, or where the federation contains secondary schools only, up to four) as are required to preserve their majority.

Federation comprising voluntary controlled schools only

26.—(1) The governing body of a federation containing voluntary controlled schools(13) only is to comprise the following—

(a) one third or more parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

(b) at least two but no more than one third staff governors;

(c) at least one but no more than one fifth LEA governors;

(d) one tenth or more community governors; and

(e) at least two but no more than one quarter foundation governors.

(2) The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.

Federation comprising voluntary aided schools only

27.—(1) The governing body of a federation containing voluntary aided schools(14) only is to comprise the following—

(a) for each federated school at least one parent governor elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

(b) at least two but no more than one third staff governors;

(c) at least one but no more than one tenth LEA governors;

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

(e) such number of foundation governors who are eligible for election or appointment as parent governors that, when they are counted with the parent governors, comprise one third or more of the total membership of the governing body.

(2) In addition—

(a) the governing body of the federation may appoint up to two, or where the federation contains secondary schools only, up to four sponsor governors; and

(b) the persons who are entitled to appoint foundation governors may appoint such number of foundation governors (up to two, or where the federation contains secondary schools only, up to four) as are required to preserve their majority.

Federation comprising voluntary controlled schools and community, community special or maintained nursery schools

28.—(1) The governing body of a federation containing at least one voluntary controlled school and at least one community school, community special school or maintained nursery school is to comprise the following—

(a) one third or more parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

(b) at least two but no more than one third staff governors;

(c) at least two but no more than one fifth LEA governors;

(d) at least two community governors; and

(e) at least one foundation governor.

(2) The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.

Federation comprising more than one category of school including at least one foundation or foundation special or voluntary aided school

29.—(1) The governing body of a federation containing—

(a) more than one category of school, and

(b) at least one foundation school, foundation special school or voluntary aided school,

is to be constituted in accordance with paragraph (2).

(2) The governing body of a federation to which paragraph (1) applies is to comprise the following—

(a) for each federated school at least one parent governor elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

(b) at least two but no more than one third staff governors;

(c) at least two but no more than one fifth LEA governors;

(d) at least two community governors; and

(e) at least two foundation governors (or partnership governors as appropriate in respect of any school without a foundation).

(3) The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.

PART 5 INSTRUMENTS OF GOVERNMENT, PROCEDURES, STAFFING AND CHARITABLE STATUS

Qualifications, tenure of office and instruments of government

30.  Regulations 19 (Notification of appointments) and 21 to 33 of, and Schedule 6 (Qualifications and disqualifications) to, the Constitution Regulations apply to the governing body of a federation and its members subject to the modifications in Schedule 7.

Procedures of governing bodies of federations

31.  The Procedures Regulations apply to the procedure of governing bodies of federations subject to the modifications in Schedule 8.

Staffing of federations

32.  The Staffing Regulations apply to the staffing of federations subject to the modifications in Schedule 9.

Charitable status of federations

33.—(1) The governing body of a federation which includes a foundation, voluntary or foundation special school is a charity which is an exempt charity for the purposes of the Charities Act 1993(15), but no governing body of a federation which includes only community, community special or maintained nursery schools is 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.

PART 6 INFORMATION AND FUNDING

Information for the governing body of a federation

34.—(1) Immediately before the federation date, the governing body of a school which is to become a federated school must prepare, for the purpose of assisting the governing body of the federation, a written report on the action which they have taken in the discharge of their functions relating to the school.

(2) All minutes and papers of a governing body of a school which is to become a federated school on the federation date, including the report prepared under paragraph (1), must be made available to the governing body of the federation.

Financing of federations

35.  Except as provided by regulation 36, Chapter 4 of Part 2 of SSFA 1998 (Financing of maintained schools) applies to federated schools and their governing bodies as it applies to other maintained schools and their governing bodies.

36.—(1) In its application to a federated school in England, other than one for which a temporary governing body is established pursuant to regulation 38 or 43, section 50 of SSFA 1998 (Effect of financial delegation) has effect subject to the following modifications.

(2) In subsection (1), for “maintained” substitute “federated”.

(3) In subsection (2) for “any amounts are made available by the authority to the governing body” substitute “any amounts in respect of a federated school are made available by the authority to the governing body of a federation”.

(4) In subsection (3)—

(a) for “the governing body may spend any such amounts” substitute “the governing body of a federation may spend any amounts made available under subsection (2), or previously made available to the governing bodies of the federated schools before federation”, and

(b) for paragraph (a) substitute—

“(a) for any purposes of the federated school to which the amounts relate;

(ab) for any purposes of any other federated school within the federation;

(ac) for any purposes of the federation; or”.

(5) In subsection (4) for “In subsection (3) “purposes of the school” does not include” substitute “In subsection (3)(a), (ab) and (ac) any reference to the purposes of a federated school or a federation does not include”.

(6) In subsection (6), for “the head teacher” substitute “the head teacher of the federation or to the head teachers of federated schools”.

(7) In subsection (7), for “school” substitute “federation”.

PART 7 FEDERATED SCHOOLS LEAVING FEDERATIONS

Procedure for a school to leave a federation

37.—(1) This regulation applies to a request made to a governing body of a federation for a federated school (“the relevant school”) to leave the federation.

(2) The request must be made in writing and signed by—

(a) two or more governors;

(b) one fifth of the parents of registered pupils at the relevant school;

(c) two fifths of staff who are paid to work at the relevant school;

(d) the authority;

(e) the trustees of the relevant school; or

(f) a body entitled to appoint foundation governors to the governing body of the federation.

(3) The governing body of the federation must give notice of the request to—

(a) all relevant authorities;

(b) the head teacher of the federation and the head teacher of each federated school;

(c) where the relevant school is a foundation or voluntary school with a religious foundation, any trustees of a trust relating to the relevant school and, in the case of a Church of England or Roman Catholic Church school, the appropriate diocesan authority, or the appropriate religious body in the case of all other such schools;

(d) all staff paid to work at the relevant school;

(e) every person known by them to be a parent of a registered pupil at the relevant school; and

(f) such other persons as the governing body of the federation consider appropriate.

(4) Notice under paragraph (3)(a) and (b) must be given within the period of 5 days beginning with the date on which the request was received.

(5) A request under paragraph (1) is to be taken to have been received by a governing body of a federation if given or sent to the chair or to the clerk of the governing body of a federation.

(6) Not less than 14 days after the governing body of a federation has given notice of the request in accordance with paragraph (3), the governing body must consider the request and all responses received from the persons to whom notification of the request was sent and must decide whether—

(a) the relevant school should leave the federation and, if so, on what date it should do so (“the de-federation date”);

(b) the federation should be dissolved, and if so, on what date; or

(c) the relevant school should not leave the federation.

(7) Such a decision does not have effect unless the matter is specified as an item of business on the agenda for the meeting of which notice has been given in accordance with regulation 11(4) of the Procedures Regulations.

(8) The governing body of a federation must give notice in writing of their decision under paragraph (6) within 5 days to those persons referred to in paragraph (3).

Decision to permit federated school to leave a federation

38.—(1) Upon notification that a governing body of a federation have resolved that a federated school should leave a federation paragraphs (2) or (3) apply.

(2) Where one of only two federated schools is to leave a federation, the federation is dissolved in accordance with Part 8.

(3) Where paragraph (2) does not apply,

(a) the authority must—

(i) establish a temporary governing body in respect of the school leaving the federation in accordance with Parts 3 and 4 of the New Schools Regulations; and

(ii) issue a new instrument of government for that school in accordance with Part 5 of the Constitution Regulations(16);

(b) the governing body of the federation must review the instrument of government of the federation in accordance with regulation 32 of the Constitution Regulations.

Availability of amounts representing budget share

39.  Subject to any provision made by or under a scheme made under section 48(1) of SSFA 1998, the temporary governing body of a school leaving a federation may spend any sum made available by the authority under section 50(1) of that Act(17) to the governing body of the federation in respect of the school leaving the federation, as they think fit for any purposes of that school.

Incorporation of governing body of a school leaving a federation

40.  On the de-federation date the temporary governing body of the de-federated school are incorporated as the governing body of that school under the name given in the school’s instrument of government.

Transfer of property

41.—(1) On the de-federation date—

(a) all land or property, which, immediately before the de-federation date, was held by the governing body of the federation for the purposes of the de-federated school transfers to, and by virtue of these Regulations vests in, the governing body incorporated under regulation 40; and

(b) all rights and liabilities subsisting immediately before the de-federation date which were acquired or incurred by the governing body of the federation for the purposes of the de-federated school transfer to the governing body incorporated under regulation 40.

(2) Section 198 of and Schedule 10 to the Education Reform Act 1988(18) (which make provision in relation to transfers of property, rights and liabilities) apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.

PART 8 DISSOLUTION OF FEDERATIONS

Dissolution of federations

42.—(1) Where—

(a) a governing body of a federation decides that the federation should be dissolved; or

(b) a governing body of a federation decides that one of only two federated schools should leave a federation,

the governing body of a federation must give notice of the fact and the proposed date of dissolution to the persons mentioned in paragraph (2) within 14 days.

(2) The persons to be notified are—

(a) all relevant authorities;

(b) the head teacher of the federation and each head teacher of a federated school;

(c) every member of staff paid to work at the federation or a federated school;

(d) every person known by the governing body to be a parent of a registered pupil at a federated school;

(e) where a federated school is a foundation or voluntary school with a religious foundation, the foundation governors, any trustees of a trust relating to the federated school and, in the case of a Church of England or Roman Catholic Church school, the appropriate diocesan authority, or the appropriate religious body in the case of all other such schools; and

(f) such other persons as the governing body of the federation consider appropriate.

43.  Upon receipt of the notice issued under regulation 42, the relevant authority or authorities must—

(a) establish a temporary governing body in respect of each school in accordance with Parts 3 and 4 of the New Schools Regulations; and

(b) issue a new instrument of government for each school in accordance with Part 5 of the Constitution Regulations.

Availability of amounts representing budget share

44.  Subject to any provision made by or under a scheme made under section 48(1) of SSFA 1998, the temporary governing body of each school may spend any sum made available by the authority under section 50(1) of that Act(19) to the governing body of the federation in respect of each school, as they think fit for any purposes of that school.

Incorporation of governing body of a school leaving a federation

45.  On the date of dissolution the temporary governing body of each federated school are incorporated as the governing body of each de-federated school under the name given in the school’s instrument of government.

Transfer of property

46.—(1) On the date of dissolution—

(a) all land or property which, immediately before the date of dissolution, was held by the governing body of the federation for the purposes of each de-federated school, transfers to, and by virtue of these Regulations vests in, the new governing body of each de-federated school incorporated under regulation 45; and

(b) all rights and liabilities subsisting immediately before the date of dissolution which were acquired or incurred by the governing body of the federation for the purposes of each de-federated school transfer to the new governing body of each de-federated school incorporated under regulation 45.

(2) Section 198 of and Schedule 10 to the Education Reform Act 1988 (which make provision in relation to transfers of property, rights and liabilities) apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.

Jim Knight

Minister of State

Department for Education and Skills

22nd March 2007

Regulation 11

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 9 and no more than 29 temporary governors, is to be determined by the authority.

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

(a) any temporary sponsor governors; or

(b) any temporary foundation governors appointed in accordance with paragraph 8(2) or paragraph 10(2).

3.  Where application of paragraphs 6 to 11 produces a number other than a whole number, the authority must specify either the whole number next above or the whole number next below (at their choice) provided that the total number of governors may not exceed the limits set in paragraph 1.

4.  In calculating the number of temporary staff governors required, the head teacher of the federation and the head teacher or head teacher designate of each school must be included whether or not he has resigned his governorship.

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) one third or more temporary parent governors, provided always that for each proposed school at least one temporary parent governor must be 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 two but no more than one third temporary staff governors;

(c) one fifth temporary LEA governors; and

(d) one fifth or more temporary community governors.

Temporary governing body for new foundation or foundation special schools without foundations

6.  A temporary governing body constituted for two or more proposed foundation or foundation special schools only, which, in either case, are not to have a foundation, is to be composed as follows—

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

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

(c) at least one but no more than one fifth temporary LEA governors;

(d) one tenth or more temporary community governors; and

(e) at least two but no more than one quarter temporary partnership governors.

Temporary governing body for new foundation or foundation special schools with foundations but which are not to be qualifying foundation schools

7.  A temporary governing body constituted for two or more proposed foundation or foundation special schools only, which are to have foundations but which are not to be qualifying foundation schools is to be composed as follows—

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

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

(c) at least one but no more than one fifth temporary LEA governors;

(d) one tenth or more temporary community governors; and

(e) at least two but no more than 45 per cent temporary foundation governors.

Temporary governing body for new qualifying foundation schools

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

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

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

(c) at least one but no more than one fifth temporary LEA governors;

(d) one tenth or more temporary community governors; and

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

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

Temporary governing body for new voluntary controlled schools

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

(a) one third or more temporary parent governors, provided always that for each proposed school at least one temporary parent governor must be 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 two but no more than one third temporary staff governors;

(c) at least one but no more than one fifth temporary LEA governors;

(d) one tenth or more temporary community governors; and

(e) at least two but no more than one quarter temporary foundation governors.

Temporary governing body for new voluntary aided schools

10.—(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 two but no more than one third temporary staff governors;

(c) at least one but no more than one tenth temporary LEA governors; and

(d) such number of temporary foundation governors as outnumber all the other temporary governors listed in sub-paragraphs (a) to (c) by two.

(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 is to contain 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

11.  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) one third or more temporary parent governors, provided always that for each proposed school at least one temporary parent governor must be 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 two but no more than one third temporary staff governors;

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

(d) at least two temporary community governors; and

(e) at least one temporary foundation governor.

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

12.  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 two but no more than one third temporary staff governors;

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

(d) at least two temporary community governors; and

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

Temporary sponsor governors

13.  A temporary governing body constituted in accordance with paragraphs 5 to 12 may, in addition, appoint up to two temporary sponsor governors, or where the federation is to contain secondary schools only, up to four temporary sponsor governors.

Regulation 13

SCHEDULE 2 Election and appointment of parent governors

1.  Subject to paragraph 2(2), in this Schedule “appropriate body” means—

(a) the authority where the federated school is a community school, community special school, a voluntary controlled school or a maintained nursery school; or

(b) the governing body of the federation where the federated school is a foundation school, foundation special school or voluntary aided school.

2.—(1) Where an authority is the appropriate body in relation to a school, that authority may delegate to the head teacher of the school, or to the head teacher of the federation, any of its functions under this Schedule.

(2) The authority are the appropriate body in relation to a school within paragraph 1(b) if the governing body of the federation and the authority so agree.

3.  Subject to paragraphs 4 to 7, the appropriate body must make all necessary arrangements for the election of parent governors.

4.  The duty conferred by paragraph 3 does not include power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected.

5.  Any election which is contested must be held by ballot.

6.—(1) The arrangements made under paragraph 3 must provide for every person who is entitled to vote to have an opportunity to do so by post.

(2) For the purposes of sub-paragraph (1), “post” includes delivery by hand.

(3) The arrangements made under paragraph 3 may provide for every person who is entitled to vote to have an opportunity to do so by electronic means.

7.  Where a vacancy for a parent governor arises, the authority must take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school is—

(a) informed of the vacancy and that it is required to be filled by election;

(b) informed that he is entitled to stand as a candidate and vote in the election; and

(c) given the opportunity to do so.

8.  The number of parent governors required must be made up of parent governors appointed by the governing body of a federation if one or more vacancies for parent governors arises and either—

(a) the number of parents standing for election is less than the number of vacancies;

(b) at least 50 per cent of the registered pupils at the school are boarders and it would, in the opinion of the authority, be impractical for there to be an election of parent governors; or

(c) in the case of a school which is a community special school established in a hospital, it would, in the opinion of the authority, be impractical for there to be an election of parent governors.

9.—(1) Except where paragraph 10 applies, in appointing a parent governor to represent a federated school, the governing body of a federation must appoint—

(a) a parent of a registered pupil at the school (or, in respect of any maintained nursery school in the federation, a parent of a child for whom educational or other provision is made on the premises of the school (including any such provision made by the governing body under section 27 of EA 2002)),

(b) a parent of a registered pupil at another school within the federation;

(c) a parent of a former registered pupil at the school;

(d) a parent of a former registered pupil at a school within the federation; or

(e) a parent of a child.

(2) The governing body of a federation may only appoint a person referred to in sub-paragraph (1)(b), (c), (d) or (e) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.

10.—(1) Where the school is a community special school or a foundation special school, in appointing a parent governor the governing body of a federation must appoint—

(a) a parent of a registered pupil at the school;

(b) a parent of a former pupil at the school;

(c) a parent of a child with special educational needs for which the school is approved; or

(d) a parent with experience of a child with special educational needs.

(2) The governing body of a federation may only appoint a person referred to in sub-paragraph (1)(b), (c) or (d) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.

Regulation 14

SCHEDULE 3 Election of staff governors

1.  Subject to paragraphs 2 and 3, the governing body of the federation must make all necessary arrangements for the election of staff governors.

2.  The power conferred by paragraph 1—

(a) includes the power to make provision as to qualifying dates, but

(b) does not include power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected.

3.  Any election which is contested must be held by ballot.

Regulation 16

SCHEDULE 4 Appointment of community governors in federations which include community special schools

1.  Subject to paragraphs 2 and 3, the governing body of a federation which includes a community special school or a foundation special school must appoint community governors in accordance with regulation 16(1).

2.—(1) In relation to a community special school or a foundation special school established in a hospital, the authority must designate either—

(a) one or more primary care trusts,

(b) the National Health Service Trust, or

(c) the NHS foundation trust,

with which the school is most closely connected as the appropriate body.

(2) The governing body of a federation must invite the appropriate body to nominate (and if more than one, jointly) a person to be appointed as one of the community governors in accordance with regulation 16(2).

(3) For the purposes of this Schedule—

“National Health Service Trust” means a body established by the Secretary of State under section 25 of the National Health Service Act 2006(20);

“NHS foundation trust” has the same meaning as in section 30(1) of the National Health Service Act 2006; and

“primary care trust” means a body established or continuing under section 18 of the National Health Service Act 2006.

3.  The governing body of a federation which includes a community special school or a foundation special school not established in a hospital must appoint as one of their community governors—

(a) if a voluntary organisation is designated by the authority, in relation to the school, as the appropriate voluntary organisation concerned with matters in respect of which the school is specially organised, a person (if any) nominated by that organisation; or

(b) if two or more voluntary organisations are so designated, a person (if any) nominated by those organisations acting jointly.

Regulation 18

SCHEDULE 5 Partnership Governors

1.  Where a partnership governor is required, the governing body of a federation—

(a) must seek nominations from parents of registered pupils at schools in the federation which have no foundation; and

(b) may seek nominations from parents of registered pupils at other schools in the federation and from such other persons in the community served by the federation as they consider appropriate.

2.  No person may nominate for appointment, or appoint, a person as a partnership governor unless that person would be eligible for appointment by the governing body of the federation as a community governor.

3.  Subject to paragraph 4(2), no governor may nominate a person for appointment as a partnership governor.

4.—(1) The governing body of a federation must appoint such number of partnership governors as is required by the instrument of government from among eligible nominees.

(2) If the number of eligible nominees is less than the number of vacancies, the number of partnership governors required may be made up by persons selected by the governing body of the federation.

5.—(1) Where the governing body of a federation makes an appointment under paragraph 4(2), having rejected any person nominated under paragraph 1, they must give written reasons for their decision to the authority and to the person rejected.

(2) Where the federation includes schools maintained by more than one authority, the reference in sub-paragraph (1) to the authority is to be taken as a reference to each authority.

6.  The governing body of a federation must make all necessary arrangements for and determine all other matters relating to the nomination and appointment of partnership governors.

Regulation 19

SCHEDULE 6 Appointment of sponsor governors

1.  In this Schedule, “sponsor” in relation to a federation means—

(a) a person who gives or has given substantial financial assistance (which for these purposes includes benefits in kind) to the federation or to a federated school other than pursuant to statutory obligation; or

(b) any other person (not being otherwise represented on the governing body of a federation) who provides or has provided substantial services to the federation or to a federated school,

provided that, in either case, such person is not entitled to appoint the foundation governors nor connected to any person so entitled.

2.  For the purposes of paragraph 1, a person is connected with a person entitled to appoint foundation governors where—

(a) he is a partner or relative (including a spouse or someone living with that person as if he or she were that person’s spouse); or

(b) either or both persons are a body corporate and one owns at least one-fifth of the other’s equity share capital (within the meaning of the Companies Act 1985(21)), or is entitled to exercise or control the exercise of more than one-fifth of the voting power of the other at any general meeting.

3.  Where the federation has one or more sponsors, the governing body of a federation may determine that the instrument of government is to provide for the governing body of a federation to appoint such number of sponsor governors, not exceeding two, or four, as the case may be, nominated in accordance with paragraph 4.

4.  The governing body of a federation must seek nominations for such appointments from the federation’s or federated school’s sponsor or (as the case may be) from one or more of the federation’s or federated school’s sponsors.

Regulation 30

SCHEDULE 7 Modification of the Constitution Regulations

1.  In regulation 22(2) for “head teacher of the school” substitute “head teacher of the federation or a federated school”.

2.  In regulation 26 for “paragraphs 9 to 11 of Schedule 1” substitute “paragraphs 8 to 10 of Schedule 2 to the School Governance (Federations) (England) Regulations 2007”.

3.  In regulation 28 for “school” substitute “federated school”.

4.  In regulation 30—

(a) in paragraph (1) for “maintained school” substitute “federation”;

(b) in paragraph (1)(a), (c) and (f) for “school” substitute “federation”;

(c) for paragraph (1)(b) substitute the following paragraph—

“(b) the names and categories of the federated schools within the federation;”;

(d) in paragraph (1)(d) for “Part 3” substitute “Part 4 of the School Governance (Federations) (England) Regulations 2007”;

(e) in paragraph (1)(d)(ii) for “regulation 16(2)(b) or 18(2)(b)” substitute “regulation 25(2)(b) or regulation 27(2)(b) of the School Governance (Federations) (England) Regulations 2007”;

(f) in paragraph (1)(g) for “the school” substitute “the federation” and for “Schedule 5” substitute “regulation 19 of and Schedule 6 to the School Governance (Federations) (England) Regulations 2007”;

(g) in paragraph (1)(h) for “the school is” substitute “the federation includes” and for “Schedule 3” substitute “regulation 16 of and Schedule 4 to the School Governance (Federations) (England) Regulations 2007”;

(h) for paragraph (1)(i) substitute the following sub-paragraph—

“(i) where a federated school is a foundation or voluntary school which has a religious character, a single description of the religious ethos of each such school”;

(i) in paragraph (2) for “these Regulations as they apply to a school of the category to which the schools belong” substitute “regulations 21 to 29 of the School Governance (Federations) (England) Regulations 2007”; and

(j) in paragraph (3) for “the school” substitute “a federated school”.

5.  For regulation 31, substitute—

“31.— (1) In this regulation, where reference is made to the local education authority and the federation is to include schools maintained by different local education authorities, the reference is to be taken as a reference to whichever of those local education authorities the governing bodies of the schools agree between them should make the instrument of government for the federation.

(2) The governing bodies of the schools which are to form the federation must jointly prepare a draft instrument of government and submit it to the local education authority.

(3) Where the federation will have foundation governors, the governing bodies of the proposed federation must not submit the draft to the local education authority unless it has been approved in respect of each foundation or voluntary school by—

(a) that school’s foundation governors;

(b) the trustees of any trust relating to such a school;

(c) in the case of a Church of England or Roman Catholic Church school, the appropriate diocesan authority; and

(d) in the case of any other school designated under section 69(3) of SSFA 1998 as having a religious character, the appropriate religious body.

(4) If—

(a) the local education authority are content that the draft complies with all the applicable statutory provisions, or

(b) there is agreement between the local education authority, the governing bodies and (where the federation will have foundation governors) the persons mentioned in paragraph (3) that the draft should be revised to any extent, and the revised draft complies with all the applicable statutory provisions,

the instrument of government must be made by the local education authority in the form of the draft or (as the case may be) the revised draft.

(5) If neither of sub-paragraphs (a) and (b) of paragraph (4) applies in the case of a federation which will not have foundation governors, the local education authority must—

(a) inform the governing body of the federation of the reasons why they are not content with the draft instrument of government, and

(b) give the governing body of the federation a reasonable opportunity to reach agreement with them on revising the draft,

and the instrument of government must be made by the local education authority either in the form of a revised draft agreed between them and the governing body of the federation or (in the absence of such agreement) in such form as they think fit having regard, in particular, to the category of school to which the school belongs.”.

6.  In regulation 32—

(a) in paragraphs (4) to (7)—

(i) for “school” substitute “federation”; and

(ii) for “regulation 31(2)” substitute “regulation 31(3)(22)”;

(b) in paragraph (6) omit from the words “having regard, in particular” to the end; and

(c) in paragraph (7) for “regulation 31(3)” substitute “regulation 31(4)(23)”.

7.  In regulation 33—

(a) in paragraphs (1) and (2)(a) for “school” substitute “federation”;

(b) in paragraph (2) after sub-paragraph (a) insert—

“(aa) the Secretary of State;”;

(c) in paragraph (2)(b) for “head teacher” substitute “head teacher of the federation or of a federated school”;

(d) in paragraph (2)(c) for “the school” substitute “a federated school”; and

(e) in paragraph (2)(d) and (e) for “school” substitute “federated school”.

8.  In paragraph 1 of Schedule 6—

(a) in sub-paragraph (1) for “the school” substitute “one of the federated schools”;

(b) in sub-paragraph (3) for “regulation 11” substitute “regulation 20 of the School Governance (Federations) (England) Regulations 2007”.

Regulation 31

SCHEDULE 8 Modification of the Procedures Regulations

1.  In regulation 3—

(a) in paragraph (1) for “regulation 11 of the Constitution Regulations” substitute “regulation 20 of the School Governance (Federations) (England) Regulations 2007”; and

(b) after paragraph (2) insert the following paragraph—

“(3) In these Regulations, where reference is made to the local education authority and a federation includes schools maintained by more than one local education authority, the reference is to be taken as a reference to each local education authority.”.

2.  In regulation 5 for paragraph (3) substitute the following paragraph—

“(3) A governor who is paid to work at the federation or at a federated school or who is a pupil at a federated school is not eligible to be chair or vice-chair of the governing body of the federation in question.”.

3.  In regulations 5(5)(b), 6(2)(a), 6(2)(c), 8(3)(c), 11(5)(d), 12A, 13(3)(a), 14(1)(b), 14(2), 14(4), 14(5), 15(1)(a), 15(1)(d) and 24(9)(a) and paragraphs 1(2)(a) and 3(1) and (2) of the Schedule(24) for “school” substitute “federation or a federated school”.

4.  In regulations 10(1)(b), 21(1) and 23(1)(b) for “head teacher of the school” substitute “head teacher of the federation or of a federated school”.

5.  In regulation 8(6) for “If at any time the school does not have a delegated budget” substitute “If at any time no federated school has a delegated budget”.

6.  In regulations 6(2)(b), 11(5)(c), 12(4), 13(3)(b), 17(3) and 24(9)(b) for “the school” substitute “a federated school”.

7.  In regulations 8(4), 11(4)(b), 14(1)(a)(25), 16(1)(c), 18(1)(b), 21(2) and 24(2) and paragraph 3(2) of the Schedule for “head teacher” substitute “head teacher of the federation or of a federated school”.

8.  In regulation 15(1) for sub-paragraph (c) substitute the following sub-paragraph—

“(c) that the governor has acted in a way that is inconsistent with the ethos or with the religious character of a federated school and has brought or is likely to bring the federation, a federated school, the governing body or his office into disrepute; or”.

9.  In regulation 19 for “school staff” substitute “staff of the federation or federated school”.

10.  In paragraph 2(1)(c) of the Schedule for “Schedule 5 to the Constitution Regulations” substitute “Schedule 6 to the School Governance (Federations) (England) Regulations 2007”.

Regulation 32

SCHEDULE 9 Modification of the Staffing Regulations

1.  In regulation 3, after paragraph (4) insert the following paragraph—

“(5) In these Regulations—

(a) any reference to the head teacher or deputy head teacher of a school is to be construed as a reference to the head teacher or deputy head teacher of a federation or of a federated school; and

(b) where reference is made to the authority and a federation includes schools maintained by more than one authority, the reference is to be taken as a reference to each authority.”.

2.  In regulation 5, after “sending a copy to the” insert “relevant”.

3.  In regulations 4(4), 6(1)(a) and (b), 7, 11(12), 18A, 20(12), 24A(1) and (5), 25(1) and 26A for “school” substitute “federation or federated school”.

4.  In regulation 10 after the words “This Part applies to” insert the words “federated schools which are”.

5.  In regulations 11(4), 11A(a), 15A(1), (2) and (5), 17, 20(4) and paragraphs 2(2), 2(3) and 2(6) of the Schedule for “school” substitute “federation or a federated school”.

6.  In regulation 11(11), 15A(3) and (4), 18(3), 20(11) and 24A(2), (3) and (4) for “work at the school” substitute “work at the federation or a federated school”.

7.  In regulations 11A(b) and 18(1) for “work at a school” substitute “work at a federation or a federated school”.

8.  In regulation 16 for paragraph (1) substitute the following paragraph—

“16.— (1) Subject to regulation 18—

(a) both the governing body and the head teacher of the federation have the power to suspend any person employed, or engaged otherwise than under a contract of employment, to work at the federation; and

(b) both the governing body and the head teacher of a federated school have the power to suspend any person employed to work, or engaged otherwise than under a contract of employment, at that federated school,

where, in the opinion of the governing body or (as the case may be) the head teacher, his suspension is required.”.

9.  In regulation 19 after the words “This Part applies to” insert the words “federated schools which are”.

10.  In regulation 22, after paragraph (3) insert—

“(3A) The foundation governors appointed in respect of a particular federated voluntary aided school must agree any recommendation at paragraph (3)(c) in respect of the head teacher of that school.”.

11.  In regulation 27 after the words “voluntary aided school” insert “which is a federated school”.

12.  In regulation 28(2) for “school or schools” substitute “school, federated school or federation”.

13.  In regulations 30(1) and 31(2) for sub-paragraphs (a), (b) and (c) substitute the following sub-paragraphs—

“(a) the head teacher of one or more of the collaborating schools, federated schools or federations;

(b) one or more of the governors from any of the collaborating governing bodies; or

(c) one or more head teachers with one or more governors from any of the collaborating schools, federated schools or federations.”.

14.  In regulation 33 after the words “school” insert the words “which is to be a federated school”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations apply to federations consisting of all categories of maintained schools in England.

Part 1 provides for the Regulations to come into force on 25th May 2007, revokes the School Governance (Federations) (England) Regulations 2004 and contains interpretative provisions. The reference in the definition of a “qualifying foundation school” to “a foundation established otherwise than under the School Standards and Framework Act 1998” is to a foundation which is not a foundation body in each case, within the meaning of section 21 of that Act.

Part 2 sets out the circumstances in which a federation can be established or a school can join an existing federation. At least two schools can federate in accordance with section 24 of the Education Act 2002.

Regulation 5 enables action taken before 25th May 2007 to take effect as complying with 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. Every head teacher, whether he is the head teacher of a federation or the head teacher of a 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 sets out 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 partnership governors and regulation 19 and Schedule 6 make provision for the nomination and appointment of sponsor governors. The appointment of sponsor governors is optional.

Regulation 20 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 22 to 29 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 7 to 9. 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 2007.

Part 6 deals with information and funding matters. Regulation 34 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 35 applies Chapter 4 of Part 2 of SSFA 1998 to federations subject to regulation 36, which modifies section 50 of SSFA 1998 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 38 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 39, the temporary governing body of the school leaving the federation may spend their budget share made available by the local education authority.

Regulation 40 provides for the incorporation of the governing body of the school leaving the federation on the de-federation date and regulation 41 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 44 enables the temporary governing body of each school to spend the budget share made available to them by the local education authority.

Regulation 45 provides for the incorporation (on the date of dissolution) of the governing bodies of each school previously within the dissolved federation and regulation 46 deals with the transfer of land, property, rights and liabilities to the governing body of each of those schools.

(1)

2002 c.32. For the meaning of “prescribed” see section 212(1) of the Education Act 2002. By virtue of the definition of “regulations” in section 212(1) of the Education Act 2002, these Regulations made by the Secretary of State apply only in relation to England.

(2)

S.I. 2004/2042 as amended by the School Governance (Constitution, Federations and New Schools) (England) (Amendment) Regulations 2005 (SI 2005/1730).

(3)

1998 c.31.

(4)

SI 2007/957.

(5)

1996 c.56.

(6)

SI 2007/958.

(7)

SI 2003/1377 as amended by the School Governance (Constitution and Procedures) (England) (Amendment) Regulations 2003, the School Staffing (England) Regulations 2003 (SI 2003/1963), the School Governance (Constitution, Procedures and New Schools) (England) (Amendment) Regulations 2004; and by the School Governance (Procedures) (England) (Amendment) Regulations 2007 (SI 2007/959).

(8)

SI 2003/1963 as amended by the School Staffing (England) (Amendment) Regulations 2003 (SI 2003/2725) and by the School Staffing (England) (Amendment) (No 2) Regulations 2006 (SI 2006/3197).

(9)

1988 c.40.

(10)

As defined by section 20 of EA 2002.

(11)

Within the meaning of section 20 of and Schedule 2 to SSFA 1998 and section 39(1) of EA 2002.

(12)

Within the meaning of section 20 of and Schedule 2 to SSFA 1998.

(13)

Within the meaning of section 20 of and Schedule 2 to SSFA 1998.

(14)

Within the meaning of section 20 of and Schedule 2 to SSFA 1998.

(15)

1993 c.10.

(16)

As modified by Schedule 7 to these Regulations.

(17)

As modified by regulation 36 of these Regulations.

(18)

1988 c.40.

(19)

As modified by regulation 36 of these Regulations.

(20)

2006 c.41.

(21)

The Companies Act 1985 has been prospectively repealed by the Companies Act 2006.

(22)

As substituted by paragraph 5 of Schedule 7 of the School Governance (Federations) (England) Regulations 2007 (SI 2007/960).

(23)

As substituted by paragraph 5 of Schedule 7 to the School Governance (Federations) (England) Regulations 2007 (SI 2007/960).

(24)

As substituted by regulation 4 of the School Governance (Constitution and Procedures) (England) (Amendment) Regulations 2003 (SI 2003/1916).

(25)

As substituted by regulation 3 of the School Governance (Constitution and Procedures) (England) (Amendment) Regulations 2003.