The School Governance (Federations) (England) Regulations 2012

Made: 14th April 2012

Laid before Parliament: 19th April 2012

Coming into force: 1st September 2012

The Secretary of State for Education makes the following Regulations in exercise of the power conferred by sections 19(1A), (2), (3), (4A), (4B) and (8), 20(2), (3) and (4), 24, 25, 34(5), 35(4) and (5), 36(4) and (5) and 210(7) of the Education Act 2002[^f00001] and section 3(6) of the Academies Act 2010[^f00002].

PART 1 — GENERAL PROVISIONS

Citation, commencement and application

1

These Regulations may be cited as the School Governance (Federations) (England) Regulations 2012 and come into force on 1st September 2012.

2

These Regulations apply to governing bodies of maintained schools in England that are either federated governing bodies or are proposing to federate.

Revocation, saving and transitional provisions

3

The School Governance (Federations) (England) Regulations 2007[^f00004] are revoked.

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A decision by a governing body under regulation 32(2) of the School Governance (Constitution) (England) Regulations 2007 is to be treated for the purposes of these regulations as a decision of the governing body under regulation 30(2) of the School Governance (Constitution) (England) Regulations 2012[^f00005].

Interpretation

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• (1) In these Regulations—

• “ERA 1988” means the Education Reform Act 1988[^f00006];

• “SSFA 1998” means the School Standards and Framework Act 1998[^f00007];

• “EA 2002” means the Education Act 2002;

• “EIA 2006” means the Education and Inspections Act 2006[^f00008];

• “AA 2010” means the Academies Act 2010[^f00009];

• “appropriate diocesan authority” has the meaning given by section 142(1) and (4) of SSFA 1998;

• “appropriate religious body”, in relation to a school designated under section 69(3) of SSFA 1998 as having a religious character that is not a Church of England school or a Roman Catholic Church school, means the body or person, if any, that represents the specified religion or religious denomination and that is prescribed under section 88F(3)(e) of SSFA 1998;

• “the Constitution Regulations 2012” means the School Governance (Constitution) (England) Regulations 2012;

• “day” means school day as defined by section 579 of the Education Act 1996;

• “the federation date” means the date on which governing bodies federate;

• “governing body” means a governing body incorporated under section 19(1) of EA 2002 or these Regulations as appropriate;

• “the local authority” means the local authority by which a maintained school is, or a proposed school is to be, maintained;

• “new school” has the same meaning as in the New Schools Regulations;

• “the New Schools Regulations” means the School Governance (New Schools) (England) Regulations 2007[^f00010]

• “parent” includes any individual who has or has had parental responsibility for, or cares or has cared for, a child or young person under the age of 19;

• “relevant local authority” means the local authority in which a federated school is situated and which is responsible for maintaining that school;

• “the Roles and Procedures Regulations” means the School Governance (Roles, Procedures and Allowances) (England) Regulations 2013

• “qualifying foundation school” means a foundation or a foundation special school which has a foundation which meets any one or more of the conditions in section 23A(2),(3) and (4) of the SSFA 1998[^f00012]; and

• “the Staffing Regulations” means the School Staffing (England) Regulations 2009[^f00013].

PART 2 — ESTABLISHING OR JOINING A FEDERATION

Prescribed cases

6

• (1) Regulations 7 to 10 apply where at least two governing bodies propose to federate in accordance with section 24 of EA 2002.

• (2) Regulations 11 and 12 apply where it is proposed to establish a new school and either—

• (a) the temporary governing body wish to federate with one or more governing bodies;

• (b) the local authority propose that the school should be a federated school; or

• (c) where the school is to be a foundation or voluntary school proposals for the establishment of which were published by proposers, the proposers propose that the school be a federated school.

Procedure for schools proposing to federate

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• (1) Where a governing body are proposing to federate, they must first consider a report on the proposal.

• (2) The consideration of the report must be specified as an item on the agenda for the meeting of which notice has been given in accordance with regulation 13(4) of the Roles and Procedures Regulations.

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• (1) Where a governing body propose to federate with the governing body of a federation, they must give notice of the proposal to the governing body.

• (2) Upon receipt of the notice, the governing body of that federation must consider whether to—

• (a) give preliminary consent to the governing body joining the federation (“preliminary consent”); or

• (b) reject the proposal for the governing body to join the federation.

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• (1) Where a governing body propose to federate with one or more other governing bodies and, where necessary, preliminary consent has been given, they must jointly with the other governing body or bodies publish proposals for federation.

• (2) The proposals must contain the following—

• (a) the name or names of the governing body or bodies with which the governing body propose to federate and confirmation that that governing body, or those governing bodies, agree with the proposal to federate;

• (b) the proposed size of the governing body of the federation;

• (c) the proposed number of governors for each category of governor;

• (d) the proposed arrangements for staffing the schools within the federation;

• (e) the proposed federation date;

• (f) the identity of the admission authority or authorities for the schools within the federation;

• (g) the date, not less than six weeks after the publication of the proposals, by which written representations may be made to any governing body regarding the proposals and the address to which they should be sent; and

• (h) such other matters as the governing bodies consider appropriate.

• (3) The governing bodies proposing to federate must publish the proposals by sending them to—

• (a) the Secretary of State;

• (b) the relevant local authorities;

• (c) the head teacher of each school;

• (d) in the case of any school with a foundation—

• (i) the foundation governors; and

• (ii) the trustees of any trust relating to the school;

• (e) where any of the schools are designated under section 69(3) of SSFA 1998 as having a religious character, the appropriate diocesan authority in the case of a Church of England or Roman Catholic Church school, or the appropriate religious body in the case of any other school;

• (f) all staff paid to work at any of the schools;

• (g) every person known to them to be a parent of a registered pupil at any of the schools; and

• (h) such other persons as the governing bodies consider appropriate.

• (4) A copy of the proposals must be made available for inspection at all reasonable times at each school.

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• (1) The governing bodies proposing to federate must jointly consider any responses to the proposals and each governing body must determine whether—

• (a) to proceed with the proposals for federation as published;

• (b) to proceed with the proposals for federation with such modifications as the governing body consider appropriate; or

• (c) not to proceed with the proposals for federation.

• (2) The modifications referred to in paragraph (1)(b) may not include a change in the identity of the governing bodies proposing to federate.

• (3) All the governing bodies which determine to proceed must jointly give notice of that fact to the relevant local authority or authorities and the Secretary of State within one week of that determination.

• (4) Any governing body which determines not to proceed must give notice of that fact to the Secretary of State within one week of that determination.

New schools proposing to federate

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• (1) Where it is proposed that a new school should federate with one or more schools or a federation, paragraph (2) or (3) applies as appropriate.

• (2) Where a temporary governing body has been established, regulations 7 to 10 have effect as if references to a governing body proposing to federate were references to a temporary governing body proposing to federate.

• (3) Where a temporary governing body is yet to be established, regulations 7 to 10 have effect as if—

• (a) references to the governing body proposing to federate were references to the local authority or, where proposals are to establish a foundation or voluntary school proposals for the establishment of which were published by proposers, the proposers;

• (b) regulation 7(2) were omitted; and

• (c) in regulation 9(2)(a) for “the governing body propose to federate” there were substituted “the authority or the proposers propose that the temporary governing body of the new school should federate”.

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• (1) Parts 1 to 3 and 5 to 7 of the New Schools Regulations apply to a temporary governing body constituted pursuant to this regulation.

• (2) Where it is proposed that two or more new schools should federate together, with or without one or more other schools or other federations, the local authority may make arrangements providing for the constitution of a single temporary governing body for those new schools.

• (3) Where the proposed federation includes schools which are maintained by two or more local authorities, those local authorities must agree who may make arrangements providing for the constitution of a single temporary governing body for those new schools.

• (4) Where one or more of the new schools referred to in paragraph (2) is to be a foundation or voluntary school proposals for the establishment of which were published by proposers, the local authority must consult the proposers—

• (a) as to whether the power given to the local authority in paragraph (2) should be exercised; and

• (b) if the local authority propose to exercise it, as to the date on which the arrangements should be made.

• (5) Schedule 1 applies to a temporary governing body constituted pursuant to this regulation.

Incorporation of governing bodies of federations and dissolution of former governing bodies

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• (1) On the federation date—

• (a) the governing bodies of the federating schools or federations are dissolved;

• (b) the governing body of the federation is incorporated;

• (c) all land and property which, immediately before the federation date, was held by the governing body of a federating school or federation transfers to, and by virtue of these Regulations vests in, the governing body of the federation; and

• (d) all rights and liabilities subsisting immediately before the federation date which were acquired or incurred by the governing body of a federating school or federation are transferred to the governing body of the federation.

• (2) Section 198 of and Schedule 10 to ERA 1988[^f00014] (which make further provision in relation to transfers of property, rights and liabilities) apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.

PART 3 — CATEGORIES OF GOVERNOR

Parent governor

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• (1) In these Regulations “parent governor” means—

• (a) a person who—

• (i) is elected as a governor ... in accordance with paragraphs 3 to 7 of Schedule 2 by—

• (aa) parents of registered pupils[^f00015] at a federated school, or

• (bb) parents of children for whom educational or other provision is made on the premises of a federated school when it is a maintained nursery school (including any such provision made by the governing body under section 27[^f00016] of EA 2002); and

• (ii) is such a parent at the time of the election; or

• (b) a person appointed as a parent governor ... in accordance with paragraphs 8 to 11 of Schedule 2.

• (2) Schedule 2 applies to the election and appointment of parent governors.

• (3) A person is disqualified from election or appointment as a parent governor ... if the person is—

• (a) an elected member of the local authority; or

• (b) paid to work at the federation or a federated school for more than 500 hours in any consecutive twelve month period.

• (4) A person (“P”) is not disqualified from continuing to hold office as a parent governor because P ceases to be a parent of a registered pupil at a federated school or to fulfil any of the requirements set out in paragraphs 9 and 10 of Schedule 2 (as the case may be).

Staff governors

15

• (1) In these Regulations “staff governor” means a person who—

• (a) is elected in accordance with Schedule 3 as a governor by persons who are employed by either the governing body of the federation, or the local authority under a contract of employment providing for those persons to work at the federation or federated school, and

• (b) is so employed at the time of the election referred to in sub-paragraph (a).

• (2) Upon ceasing to work at the federation or at a school within the federation, a staff governor is disqualified from continuing to hold office as such a governor.

Local authority governors

16

• (1) In these Regulations “local authority governor” means a person who—

• (a) is nominated by the local authority; and

• (b) is appointed by the governing body having, in the opinion of the governing body, the skills required to contribute to the effective governance and success of the federation and having met any additional eligibility criteria set by the governing body.

• (2) Where the federation includes schools which are maintained by two or more local authorities, those local authorities must agree who may nominate the local authority governor.

• (3) A person is disqualified from appointment as a local authority governor if the person is eligible to be a staff governor.

Foundation governors

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• (1) In these Regulations,

• (a) “foundation governor” means a person who—

• (i) is appointed to be a member of the governing body of the federation in respect of a particular federated school, by a person other than the local authority,

• (ii) is appointed for the purpose of securing that the character of the federated school including, where the federated school has a particular religious character, such religious character, is preserved and developed,

• (iii) where the federated school has a foundation, is appointed for the purpose of securing that the federated school is conducted in accordance with the foundation’s governing documents, including, where appropriate, any trust deed relating to the federated school, ...

• (iv) would, in the opinion of the person entitled to appoint the foundation governor, be capable of achieving the purposes for which they would be appointed as foundation governor; and

• (v) has, in the opinion of the person entitled to appoint the foundation governor, the skills required to contribute to the effective governance and success of the federation.

• (b) “ex officio foundation governor” means a person who is a foundation governor by virtue of an office held by the person; and

• (c) “substitute governor” means a foundation governor appointed to act in the place of an ex officio foundation governor who is unwilling or unable to act as a governor or has been removed from office under regulation 21(1) of the Constitution Regulations 2012.

• (2) An ex officio foundation governor is, upon ceasing to hold the office from which the governorship derives, disqualified from continuing to hold office as such a governor.

Partnership governors

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• (1) In these Regulations “partnership governor” means a person who is appointed as such in accordance with Schedule 4.

• (2) A person is disqualified from nomination or appointment as a partnership governor of a federation if the person is—

• (a) a parent of a registered pupil at a school within the federation;

• (b) eligible to be a staff governor of the federation;

• (c) an elected member of a relevant local authority; or

• (d) employed by a relevant local authority in connection with their education functions.

• (3) The disqualification criterion in paragraph (2)(d) does not apply in the case of a person who is employed by a local authority in England under a contract of employment providing for the person to work wholly at a school or schools maintained by the local authority.

Co-opted governors

19

In these Regulations “co-opted governor” means a person who is appointed as a governor by the governing body of the federation and who, in the opinion of the governing body, has the skills required to contribute to the effective governance and success of the federation.

Associate members

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• (1) In these Regulations “associate member” means a person appointed by the governing body of a federation as a member of any committee established by them but who is not a governor.

• (2) Nothing in this regulation prevents an associate member from being reappointed at the expiry of the associate member’s term of office.

PART 4 — COMPOSITION OF GOVERNING BODIES OF A FEDERATION

Requirements for all federations

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• (1) The governing body of every federation must be constituted in accordance with this regulation.

• (2) The total membership of the governing body of a federation must be no fewer than seven governors.

• (3) The governing body of a federation must include the following—

• (a) two parent governors;