The Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010
PART 1INTRODUCTION
1Title, commencement and application
2Interpretation
PART 2ESTABLISHING OR JOINING A FEDERATION
3Prescribed cases
4Procedure for schools wishing to federate
5(1) Where a governing body propose that they should federate...
6(1) Where a governing body decide that they should federate...
7(1) The governing bodies proposing to federate must jointly consider...
8New schools wishing to federate
9(1) Parts 1 to 3 and 5 to 7 of...
10Incorporation of governing bodies of federations and dissolution of former governing bodies
PART 3CATEGORIES OF GOVERNOR
11Parent governors
12Teacher governors
13Staff governors
14Local authority governors
15Community governors and additional community governors
16Foundation governors
17Partnership governors
18Sponsor governors
19Representative governors
20Associate pupil governors
PART 4COMPOSITION OF GOVERNING BODIES OF A FEDERATION
21General principles
22Federation comprising only community, community special and maintained nursery schools
23Federation comprising only foundation or foundation special schools
24Federation comprising voluntary controlled schools only
25Federation comprising voluntary aided schools only
26Federation comprising voluntary controlled schools and community, community special or maintained nursery schools
27Federation comprising more than one category of school including at least one foundation or foundation special or voluntary aided school
28Additional Community Governors
29Notification of vacancies and appointments
30Joint appointments
31Surplus Governors
PART 5QUALIFICATIONS AND TENURE OF OFFICE
32Qualifications and disqualifications
33Term of office
34Resignation
35Removal of local authority, foundation, representative, additional community and sponsor governors
36Removal of community governors
37Removal of appointed parent governors, partnership governors and associate pupil governors
38Procedure for removal of governors by the governing body
PART 6INSTRUMENT OF GOVERNMENT, STAFFING, SCHOOL COUNCILS AND CHARITABLE STATUS
39Duty to have regard to guidance
40Contents and form of instrument of government
41Procedure for making an instrument
42Review of instruments of government
43Other requirements relating to instruments of government
44Staffing of federations
45School Council Regulations
46Charitable status of federations
PART 7APPOINTMENT, FUNCTIONS AND REMOVAL OF OFFICERS
47Election of the chair and vice-chair
48Delegation of functions to the chair or vice-chair in cases of urgency
49Removal of the chair or vice-chair from office
50Appointment and removal of the clerk to the governing body
51Functions of the clerk to the governing body
PART 8MEETINGS AND PROCEEDINGS OF GOVERNING BODIES
52Right of persons to attend meetings of the governing body
53Exclusion of associate pupil governors from meetings
54Convening meetings of the governing body
55Quorum and proceedings of the governing body
56Minutes and papers
57Publication of minutes and papers
58Suspension of governors
59Delegation of functions
60Restrictions on delegation and specified committees
61Reporting to the governing body following the exercise of delegated functions
PART 9COMMITTEES OF GOVERNING BODIES
62Application of this Part
63Establishment of committees of the governing body
64Staff disciplinary and dismissal committee and disciplinary and dismissal appeals committee
65Pupil discipline and exclusions committee
66Admissions committee
67Clerks to committees
68Right of persons to attend meetings of committees
69Meetings of committees
70Minutes of meetings of committees
71Publication of minutes and papers
PART 10RESTRICTIONS ON PERSONS TAKING PART IN PROCEEDINGS OF THE GOVERNING BODY OR ITS COMMITTEES
72Restrictions on persons taking part in proceedings
PART 11INFORMATION AND FUNDING
73Information for the governing body of a federation
74Financing of federations
75(1) In its application to a federated school in Wales,...
PART 12FEDERATED SCHOOLS LEAVING FEDERATIONS
76Procedure for a school to leave a federation
77Decision to permit federated school to leave a federation
78Availability of amounts representing budget share
79Incorporation of governing body of a school leaving a federation
80Transfer of property
PART 13DISSOLUTION OF FEDERATIONS
81Dissolution of federations
82Establishment of temporary governing body
83For the purposes of regulation 82(b)— (a) the reference in...
84Availability of amounts representing budget share
85Incorporation of governing body of a school leaving a federation
86Transfer of property
PART 14MISCELLANEOUS AMENDMENTS TO REGULATIONS
87Amendments to the Government of Maintained Schools Regulations
88Amendment to the Education (Foundation Body) (Wales) Regulations 2001
SCHEDULE 1Temporary governing bodies of new schools intending to federate
1General principles
2In determining the size of the membership of the temporary...
3In determining the size of the membership of the temporary...
4Where application of paragraphs 5 to 10 produces a number...
5Temporary governing body for new community, community special or maintained nursery schools
6Temporary governing body for new foundation or foundation special schools
7Temporary governing body for new voluntary controlled schools
8Temporary governing body for new voluntary aided schools
9Temporary governing body for new voluntary controlled schools and community, community special or maintained nursery schools
10Temporary 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
11Temporary sponsor and associate pupil governors
12Temporary Additional Community Governors
SCHEDULE 2Election and appointment of parent governors
1Subject to paragraph 2(2), in this Schedule “appropriate body” (“corff...
2(1) Where a local authority is the appropriate body in...
3Subject to paragraphs 4 to 8 the appropriate body must...
4The appropriate body must determine for the purposes of an...
5The duty conferred by paragraph 3— (a) does not include...
6Any election which is contested must be held by secret...
7(1) The arrangements made under paragraph 3 must provide for...
8Where a vacancy for a parent governor arises, the appropriate...
9The number of parent governors required must be made up...
10(1) Except where paragraph 11 applies, in appointing a parent...
11(1) Where the school is a community special school or...
SCHEDULE 3Election of teacher and staff governors
1Subject to paragraphs 2 to 4, the governing body of...
2The governing body of the federation is to determine for...
3The duty conferred by paragraph 1— (a) does not include...
4Any election which is contested must be held by secret...
SCHEDULE 4Appointment of partnership governors
1Where a partnership governor is required, the governing body of...
2No person may nominate for appointment, or appoint, a person...
3(1) In the case of a foundation special school without...
4Subject to paragraph 5(2), no governor may nominate a person...
5(1) The governing body must appoint such number of partnership...
6(1) Where the governing body of a federation makes an...
7The governing body of a federation must make all necessary...
SCHEDULE 5Appointment of sponsor governors
1In this Schedule, “sponsor” (“noddwr”) in relation to a federation...
2Where the federation has one or more sponsors, the governing...
3The governing body of a federation must seek nominations for...
SCHEDULE 6Appointment of representative governors
1(1) In relation to a community special school established in...
2Where a community special school is not established in a...
SCHEDULE 7Qualifications and disqualifications
1General
2No person may at any time hold the office of...
3Save as otherwise provided in these Regulations, the fact that...
4Mental disorder
5Failure to attend meetings
6Bankruptcy
7Disqualification of company directors
8Disqualification of charity trustees
9Persons whose employment is prohibited or restricted
10Criminal convictions
11Governors of more than two schools
12Refusal to make an application for a criminal records certificate
13Notification to clerk
SCHEDULE 8Modification of the Staffing Regulations
1In regulation 3, after paragraph (7) insert the following paragraph—...
2In regulation 4, for paragraph (1) substitute–
3In regulation 6(1)(a), after “sending a copy to the” insert...
4In regulations 7(1), (2)(a) to (c) and (4)(c), 24A(2) and...
5In regulation 7(3) for “school’s staff” substitute “federation or federated...
6In regulation 7(4)(a) for “school” substitute “federation”.
7In regulation 7(4)(b) and (d) for “school” substitute “federated school”....
8In regulations 9 and 20 after “This Part applies to”...
9In regulations 9A(3), 9B and 20A(3), for “school” in each...
10In regulation 10(11) for “work at the school” substitute “work...
11In regulations 12(1), 12(4), 12(9)b), 12(15), 15A(1), (2) and (5),...
12In regulations 15A(4), 18(3) and 24A(4) for “work at the...
13In regulation 16 for paragraph (1) substitute—
14In regulation 17(4) for “school's” substitute “federated school's”.
15In regulation 18(1) for “work at a school” substitute “work...
16In regulation 18(3) for “school” in the first place it...
17In regulations 18A and 26A for “school” substitute “federation or...
18In regulation 19(1) after “applies to a” insert “federated”.
19In regulation 19(2)(a) after “teachers at the” insert “federated”.
20In regulation 19(4) after “apply to a” insert “federated”.
21In regulation 23(1) after “foundation school” insert “which is a...
22In regulation 23(5) for “school” substitute “federated school”.
23In regulation 24, after paragraph (8) insert—
24In regulation 24A for paragraph (1) substitute—
25In regulation 28 for paragraph (1) substitute—
26In regulation 32, for paragraph (2) substitute—
27In regulation 32(3) for “the school” substitute “a federated school”...
28In regulations 33(1) and 34(1) after “voluntary aided school” insert...
29In regulation 35, after “school” insert “which is to be...
SCHEDULE 9Modification of the School Councils Regulations
1In regulation 2 in the definition of “school” for “maintained...
2In regulation 2 in the definition of “infant school” for...
3In regulation 2 in the definition of “special educational needs...
4In regulation 3 for paragraph (1) substitute—
5In regulation 3(2) for “head teacher of a school” substitute...
6In regulation 3(3) for “head teacher of a school” substitute...
7In regulation 3(4) for “head teacher of a school” substitute...
8In regulation 4(2) for “head teacher” substitute “head teacher of...
9In regulation 4(4) for “head teacher of any school” substitute...
10In regulation 5 after “foundation special schools” insert “which are...
11For regulation 7 substitute— (1) The head teacher of the...
SCHEDULE 10Restrictions on persons taking part in proceedings of the governing body or its committees
1Pecuniary interests
2Office of governor, chair, vice-chair or clerk
3Pay or appraisal of persons working at the school
4Appointment of staff
5Persons who are members of more than one governing body
2010 No. 638 (W.64)
EDUCATION, WALES

The Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers, in exercise of the powers conferred on the Secretary of State in sections 21(5) and (6), and 138(7) and (8) of the School Standards and Framework Act 19981, and in exercise of the powers conferred on the National Assembly for Wales in sections 19(2), (3) and (8), 20(2), (3) and (4), 24, 25, 34(5), 35(4) and (5), 36(4) and (5), 210(7), and 214 of the Education Act 2002 and now vested in them2 make the following Regulations: