Procedure for making an instrument
41.—(1) In this regulation, where reference is made to the local authority and the federation is to include schools maintained by different local authorities, the reference is to be taken as a reference to whichever of those local 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 authority.
(3) Where the federation will have foundation governors, the governing bodies of the proposed federation must not submit the draft to the local 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 in Wales or Roman Catholic Church school, the appropriate diocesan authority; and
(d)in the case of any other school designated under section 69(3) of the 1998 Act as having a religious character, the appropriate religious body.
(4) If—
(a)the local authority are content that the draft complies with all the applicable provisions; or
(b)there is agreement between the local 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 is to be made by the local authority in the form of the draft or (as the case may be) the revised draft.
(5) If, in the case of a federation which will have foundation governors, there is at any time disagreement as to the content of the draft among the persons mentioned in paragraph (3), any of those persons may refer the draft to the Welsh Ministers who must give such direction as they think fit having regard, in particular, to the categories of schools which are proposed to be included within the federation.
(6) 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 authority must—
(a)inform the governing body of the federation of the reasons why it is not content with the draft instrument of government; and
(b)give the governing body of the federation a reasonable opportunity to reach agreement with it on revising the draft;
and the instrument of government must be made by the local authority either in the form of a revised draft agreed between it and the governing body of the federation or (in the absence of such agreement) in such form as it thinks fit having regard, in particular, to the categories of school included in the federation.