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

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 must specify the size of the membership of the governing body of the federation, being no fewer than 15 and no more than 25 governors.

(2) In determining the size of the membership of the governing body of a federation any sponsor governors and associate pupil governors appointed in accordance with regulations 22 to 28 and any additional foundation governors appointed in accordance with regulation 25(2)(b) must not be included.

(3) In determining the size of the membership of the governing body any additional community governors appointed in accordance with regulation 28 must be included.

(4) Subject to regulations 22 to 28, the instrument of government must specify the numbers of governors from each of the following categories of governor to be elected or appointed—

(a) parent governors;

(b) teacher governors;

(c) staff governors;

(d) local authority governors;

(e) community governors;

(f) foundation governors;

(g) partnership governors;

(h) sponsor governors;

(i) representative governor; and

(j) additional community governors.

(5) Where application of this regulation and regulations 22 to 28 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) providing that the total number of governors may not exceed the limit set in this regulation.

Federation comprising only 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(1) (and no other category of school) is to comprise the following—

(a) for each federated school at least one parent governor elected or appointed in accordance with paragraphs 3 to 11 of Schedule 2 to represent the interests of parents of registered pupils at that school;

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

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

(d) at least two local authority governors;

(e) subject to sub-paragraph (f) at least two community governors;

(f) at least one representative governor where the federation contains at least one community special school to take the place of an equal number of the community governors required by sub-paragraph (e); and

(g) the head teacher or the acting head teacher of each federated school, unless he or she resigns the position in accordance with regulation 34.

(2) The governing body of the federation may in addition—

(a) appoint up to two sponsor governors; and

(b) appoint up to two associate pupil governors where the federation contains secondary schools.

Federation comprising only foundation or foundation special schools

23.—(1) The governing body of a federation containing foundation schools or foundation special schools(2) only is to comprise the following—

(a) for each federated school at least one parent governor elected or appointed in accordance with paragraphs 3 to 11 of Schedule 2 to represent the interests of parents of registered pupils at that school;

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

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

(d) at least two local authority governors;

(e) at least two community governors;

(f) at least two foundation governors (or partnership governors, as appropriate in respect of any school without a foundation); and

(g) the head teacher or the acting head teacher of each federated school, unless he or she resigns the position in accordance with regulation 34.

(2) The governing body of the federation may in addition—

(a) appoint up to two sponsor governors; and

(b) appoint up to two associate pupil governors where the federation contains secondary schools.

Federation comprising voluntary controlled schools only

24.—(1) The governing body of a federation containing voluntary controlled schools(3) only is to comprise the following—

(a) for each federated school at least one parent governor is to be elected or appointed in accordance with paragraphs 3 to 11 of Schedule 2 to represent the interests of parents of registered pupils at that school;

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

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

(d) at least two local authority governors;

(e) at least two community governors;

(f) at least two foundation governors; and

(g) the head teacher or the acting head teacher of each federated school, unless he or she resigns, the position in accordance with regulation 34.

(2) The governing body of the federation may in addition—

(a) appoint up to two sponsor governors; and

(b) appoint up to two associate pupil governors where the federation contains secondary schools.

Federation comprising voluntary aided schools only

25.—(1) The governing body of a federation containing voluntary aided schools(4) only is to comprise the following—

(a) for each federated school at least one parent governor elected or appointed in accordance with paragraphs 3 to 11 of Schedule 2 to represent the interests of parents of registered pupils at that school;

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

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

(d) at least two local authority governors;

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

(f) the head teacher or the acting head teacher of each federated school, unless he or she resigns the position in accordance with regulation 34.

(2) In addition—

(a) the governing body of the federation may in addition—

(i) appoint up to two sponsor governors; and

(ii) appoint up to two associate pupil governors where the federation contains secondary schools;

(b) the persons who are entitled to appoint foundation governors may appoint such number of foundation governors as are required to preserve their majority but no more than two.

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

26.—(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 and no other category of school is to comprise the following—

(a) for each federated school at least one parent governor elected or appointed in accordance with paragraphs 3 to 11 of Schedule 2 to represent the interests of parents of registered pupils at that school;

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

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

(d) at least two local authority governors;

(e) subject to sub-paragraph (g) at least two community governors;

(f) at least one foundation governor;

(g) at least one representative governor where the federation contains at least one community special school to take the place of one of the community governors required by sub-paragraph (e); and

(h) the head teacher or the acting head teacher of each federated school, unless he or she resigns the position in accordance with regulation 34.

(2) The governing body of the federation may in addition—

(a) appoint up to two sponsor governors; and

(b) appoint up to two associate pupil governors where the federation contains secondary schools.

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

27.—(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 paragraphs 3 to 11 of Schedule 2 to represent the interests of parents of registered pupils at that school;

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

(c) at least one but not more than two staff governors;

(d) at least two local authority governors;

(e) subject to sub-paragraph (g), at least two community governors;

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

(g) at least one representative governor where the federation contains at least one community special school to take the place of one of the community governors required by sub-paragraph (e); and

(h) the head teacher or the acting head teacher of each federated school, unless he or she resigns the position in accordance with regulation 34.

(3) The governing body of the federation may, in addition—

(a) appoint up to two sponsor governors; and

(b) appoint up to two associate pupil governors where the federation contains secondary schools.

Additional Community Governors

28.—(1) This paragraph applies to the governing body of a federation which includes one or more of the following—

(a) any community, voluntary or foundation school which is a primary school; and

(b) any maintained nursery school;

which serves an area for which there are one or more community councils.

(2) The instrument of government of a school must provide for the governing body of a federation to include (in addition to the governors required by virtue of regulations 22 to 27, as the case may be) one community governor nominated by the community council.

(3) If a school serves an area for which there are two or more community councils, the governing body may seek nominations from one or more of those councils.

Notification of vacancies and appointments

29.—(1) Subject to paragraphs (2) and (3), where a vacancy in the office of an appointed member of the governing body arises, the clerk to the governing body must as soon as is reasonably practicable give notice in writing of that fact to the person entitled to appoint or nominate a person to that office.

(2) Subject to paragraph (3), the clerk to the governing body must, at least two months before the date of the expiry of the term of office of an appointed member, give notice in writing of that fact to the person entitled to appoint or nominate a person to that office.

(3) Paragraphs (1) and (2) do not apply where the person entitled to appoint a person to the office in question has already notified the clerk to the governing body in writing of the person appointed or nominated.

(4) Where any person other than a governing body makes an appointment or nominates a person to be appointed to the governing body, he or she must give written notice of the appointment or the nomination to the clerk to the governing body specifying the name and usual place of residence of the person so appointed or nominated.

(5) For the purposes of this regulation, “appointed member” (“aelod a benodwyd”) means—

(a) a foundation governor;

(b) a local authority governor;

(c) a community governor (including an additional community governor);

(d) a representative governor;

(e) a sponsor governor; and

(f) a partnership governor.

Joint appointments

30.  If—

(a) the instrument of government of a school provides for one or more of the governors to be appointed by persons acting jointly; and

(b) those persons fail to make an agreed appointment;

the appointment is to be made by, or in accordance with a direction given by, the Welsh Ministers.

Surplus Governors

31.—(1) Where a federation has more governors of a particular category than are provided for by the instrument of government for the school, such number of governors of that category as is required to eliminate the excess must cease to hold office in accordance with paragraphs (2) and (3) unless a sufficient number resign.

(2) The governors who are to cease to hold office are to be determined on the basis of seniority, the governors whose current period of office as a governor of any category at the school is the shortest being the first to cease to hold office.

(3) Where it is necessary for the purposes of paragraph (2) to select one or more governors from a group of equal seniority, it must be done by drawing lots.

(4) For the purposes of this regulation, additional community governors are treated as if they constituted a separate category of governor.

(1)

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

(2)

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

(3)

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

(4)

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