The School Governance (Federations) (England) (Amendment) Regulations 2015

Made: 20th July 2015

Laid before Parliament: 21st July 2015

Coming into force: 1st September 2015

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by section 3(6) of the Academies Act 2010[^f00001].

Citation and commencement

1

These Regulations may be cited as the School Governance (Federations) (England) (Amendment) Regulations 2015 and come into force on 1st September 2015.

Amendments to the School Governance (Federations) (England) Regulations 2012

2

• (1) The School Governance (Federations) (England) Regulations 2012[^f00002] are amended as follows.

• (2) For regulation 46(1)(b) substitute—

(b) include at least 50 per cent of those members of the federated governing body who fall within the descriptions prescribed in paragraph (3).

• (3) For regulation 46(4) substitute—

(4) In any case where the application of— (a) the percentage referred to in paragraph (1)(b), or (b) the proportion determined in accordance with paragraph (2) leads to other than a whole number of governors, the number must be rounded up to the nearest whole number.

Signed

John Nash — Parliamentary Under Secretary of State — Department for Education — 20th July 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the School Governance (Federations) (England) Regulations 2012 (“the Regulations”).

Under section 3 of the Academies Act 2010, the governing body of a maintained school in England may apply to the Secretary of State to make an Academy order in respect of the school (i.e. to become an academy). In the case of a federated school, the proportion and description of governors of the federation who must make the application are prescribed in the Regulations. Regulation 2 amends regulation 46 (members of the federated governing body applying for an Academy order) of the Regulations to provide that an application for an Academy order must be made by at least 50% of the prescribed description of governors.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 2010 c.32. Section 3(6) was inserted into the Academies Act 2010 (“the 2010 Act”) by section 57(2) of the Education Act 2011 (c. 21). For the meaning of “prescribed” and “regulations” see section 579(1) of the Education Act 1996 (c. 56) which applies to the 2010 Act by virtue of section 17(4) of that Act.

[^f00002]: S.I. 2012/1035, as amended by S.I. 2013/1624 and S.I. 2014/1257.