The School Governance (Federations) (England) Regulations 2007

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)(1)”;

(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)(2)”.

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”.

(1)

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

(2)

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