The School Governance (Federations) (England) Regulations 2012

PART 8 DISCONTINUANCE OF FEDERATED SCHOOLS

Interpretation of “discontinuance”

40.—(1) In this Part “discontinuance” includes—

(a) implementation of proposals for discontinuing the federated school under Part 3 of Schedule 2 to EIA 2006;

(b) discontinuance of the federated school under section 30 of SSFA 1998;

(c) discontinuance of a federated school pursuant to a direction given under section 17(1) or 68(1) of EIA 2006; and

(d) a requirement on the local authority to cease to maintain the federated school under section 6(2) of AA 2010.

(2) In this Part “discontinuance date” means the date on which the event described in regulation 40(1) takes effect.

Dissolution of federations on discontinuance of federated schools

41.—(1) This regulation applies where one or more federated schools are to be discontinued and only one federated school in the federation is not to be discontinued.

(2) The governing body of the federation must inform the Secretary of State of the discontinuance at least 2 months before the discontinuance takes place.

(3) The local authority must before the discontinuance date—

(a) establish a temporary governing body in respect of the school that is not to be discontinued (“the de-federated school”) in accordance with Parts 3 and 4 of the New Schools Regulations; and

(b) issue a new instrument of government for the school in accordance with Part 5 of the Constitution Regulations 2012.

(4) On the dissolution 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.

(5) Where any land held by the federated governing body for the purposes of the de-federated school is, by virtue of either paragraph 7 of Schedule 22 to the SSFA 1998 or paragraph 13 of Schedule 1 to AA 2010, transferred to and vested in the local authority on the dissolution of the federated governing body, the local authority must within 6 months of the dissolution, transfer the land to the temporary governing body referred to in paragraph 3(a).

42.—(1) For the purpose of regulation 41(3)(b)—

(a) the reference in regulation 27 of the Constitution Regulations 2012 to “governing bodies” is treated as a reference to “temporary governing bodies”; and

(b) references in regulation 29 of the Constitution Regulations 2012 to—

(i) “governing body” are treated as references to “temporary governing body”, and

(ii) “foundation governors” are treated as references to “temporary foundation governors”.

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

Discontinuance of federated schools where federation not dissolved

44.—(1) This regulation applies where one or more federated schools are to be discontinued on the discontinuance date but more than one federated school will remain in the federation.

(2) Before the discontinuance date the governing body of the federation must review the instrument of government of the federation in accordance with regulation 30 of the Constitution Regulations 2012.

(3) In relation to any discontinuance other than a requirement on the local authority to cease to maintain the school under section 6(2) of AA 2010, on the discontinuance date—

(a) all land or property, which, immediately before the discontinuance date was held by the governing body of the federation for the purposes of the discontinuing federated school(s) transfers to, and by virtue of these Regulations, vests in the local authority; and

(b) all rights and liabilities subsisting immediately before the discontinuance date which were acquired or incurred by the governing body of the federation for the purposes of the discontinuing federated school or schools transfer to the local authority.

Expenditure of amounts representing budget share

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