The Federation of Maintained Schools (Wales) Regulations 2014

Made: 29 April 2014

Laid before the National Assembly for Wales: 30 April 2014

Coming into force: 22 May 2014

The Welsh Ministers, in exercise of the powers conferred on the National Assembly for Wales in sections 19(2), (3) and (8), 20(2), (3) and (4A), 34(5), 35(4) and (5), 36(4) and (5), 210(7), and 214 of the Education Act 2002 and now vested in them[^f00001] and in exercise of their powers in sections 6, 10, 11, 12, 13, 14, 18 and 32 of the Education (Wales) Measure 2011[^f00002] make the following Regulations:

PART 1 — INTRODUCTION

Title, commencement and application

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• (1) The title of these Regulations is the Federation of Maintained Schools (Wales) Regulations 2014 and they come into force on 22 May 2014.

• (2) These Regulations apply in relation to Wales.

Revocation, transitional provisions and savings

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• (1) Subject to paragraph (3) Parts 1 to 13 of, and Schedules 1 to 10 to, the Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010[^f00003] (“the 2010 Federation Regulations”) are revoked.

• (2) A school federated in accordance with the 2010 Federation Regulations must reconstitute its governing body in accordance with these Regulations when the first of the following occurs—

• (a) a school joins the federation; or

• (b) within one year of the coming into force of these Regulations.

• (3) Until the first of the events specified in paragraph (2) the composition of the governing body of a school federated may continue to be in accordance with Part 4 of the 2010 Federation Regulations.

Interpretation

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• (1) In these Regulations—

• “the 1996 Act” (“Deddf 1996”) means the Education Act 1996[^f00004];

• “the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998[^f00005];

• “the 2002 Act” (“Deddf 2002”) means the Education Act 2002;

• “the 2011 Measure” (“Mesur 2011”) means the Education (Wales) Measure 2011[^f00006];

• “the 2013 Act” (“Deddf 2013”) means the School Standards and Organisation (Wales) Act 2013[^f00007];

• “acting head teacher” (“pennaeth dros dro”) means a person appointed to carry out the functions of the head teacher of the federation or of a federated school, pending the appointment of a head teacher or in the absence of the head teacher;

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

• “appropriate religious body” (“corff crefyddol priodol”) in relation to a school designated under section 69(3) of the 1998 Act as having a religious character that is not a Church in Wales school or a Roman Catholic Church school, means the body that the Welsh Ministers consider appropriate in relation to the religion or religious denomination to which the school belongs;

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

• “the federation date” (“y dyddiad ffedereiddio”) means the date on which governing bodies federate;

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

• “the Government of Maintained Schools Regulations” (“y Rheoliadau Llywodraethu Ysgolion a Gynhelir”) means the Government of Maintained Schools (Wales) Regulations 2005[^f00008];

• “local authority” (“awdurdod lleol”) means the local authority in Wales by which a maintained school is, or a proposed school is to be, maintained; and where a federation includes schools maintained by different local authorities in Wales, “relevant local authority” (“awdurdod lleol perthnasol”) means the local authority by which a maintained school is, or a proposed school is to be, maintained;

• “local authority federation” (“ffederasiwn awdurdod lleol”) means a federation containing at least one federated school that has been federated by virtue of section 11 of the 2011 Measure (proposal by local authorities to federate schools) and by these Regulations;

• “the New Maintained Schools Regulations” (“y Rheoliadau Ysgolion a Gynhelir Newydd”) means the New Maintained Schools (Wales) Regulations 2005[^f00009];

• “new school” (“ysgol newydd”) has the same meaning as in regulation 3 of the New Maintained Schools Regulations;

• “pupil” (“disgybl”) has the meaning given by section 3 of the 1996 Act;

• “school council” (“cyngor ysgol”) means a council established in accordance with regulation 3 of the School Councils Regulations;

• “the School Council Regulations” (“y Rheoliadau Cynghorau Ysgol”) means the School Councils (Wales) Regulations 2005[^f00010];

• “school teacher” (“athro neu athrawes ysgol”) is to be interpreted in accordance with section 122 of the 2002 Act;

• “small school” (“ysgol fach”) is to be interpreted in accordance with an Order made under section 15 of the 2011 Measure;

• “school organisation proposal functions” (“swyddogaethau cynigion trefniadaeth ysgolion”) means the functions in sections 42, 43, 45, 53 and 80 of the 2013 Act;

• “the Staffing Regulations” (“y Rheoliadau Staffio”) means the Staffing of Maintained Schools (Wales) Regulations 2006[^f00011] and;

• “working day” (“diwrnod gwaith”) means any day other than a Saturday, a Sunday or a day which is a bank holiday within the meaning of section 1 of the Banking and Financial Dealings Act 1971[^f00012].

• (2) Any reference in these Regulations to—

• (a) the governing body or governors of a school is to be construed, in relation to a federated school, as a reference to the governing body or governors of the federation;

• (b) the instrument of government of a school is to be construed, in relation to a federated school, as a reference to the instrument of government of the federation; and

• (c) a head teacher includes a reference to an acting head teacher.

PART 2 — ESTABLISHING OR JOINING A FEDERATION

General

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• (1) A federation may comprise of at least two but no more than six of the following—

• (a) community schools, community special schools and maintained nursery schools[^f00013] (and no other category of school);

• (b) foundation schools[^f00014] (and no other category of school); or

• (c) voluntary controlled and voluntary aided schools[^f00015] (and no other category of school).

• (2) Regulations 5 to 7 apply where governing bodies propose to federate in accordance with section 10 of the 2011 Measure.

• (3) Regulation 8 applies 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; or

• (b) the local authority or, where the school is to be a foundation or voluntary school proposals for the establishment of which were published by promoters, the promoters propose that the school should be a federated school.

• (4) Regulations 9 and 10 apply where a local authority exercises its power to federate schools in accordance with section 11 of the 2011 Measure.

• (5) Regulations 11 and 12 apply where a local authority exercises its power to federate small schools in accordance with section 11 of the 2011 Measure.

Procedure for federation – governing body proposed

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• (1) Where a governing body is considering federation, it must first consider a report on the proposal.

• (2) The report must be specified as an item on the agenda for the meeting of which notice has been given in accordance with regulation 57(4).

• (3) Where a governing body proposes that it should federate with the governing body of a federation, it must give notice of the proposal to the governing body of the federation.

• (4) Upon receipt of the notice, the governing body of the federation must consider whether it should—

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

• (b) determine that the governing body should not join the federation.

Publication of proposals – governing body proposed

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• (1) Where a governing body decides that it should federate with one or more other governing bodies and, where necessary, preliminary consent in accordance with regulation 5(4)(a) 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 proposes to federate and confirmation that the governing body, or those governing bodies, have resolved likewise 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 the 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 relevant local authorities;

• (b) the head teacher of each school;

• (c) the school council of each school;

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

• (i) the foundation governors; and

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

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

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

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

• (h) every trade union known to them to have members paid to work at any of the schools; and

• (i) 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.

• (5) The proposed federation date in paragraph (2)(e) must be not less than 125 days following the publication of the proposals for federation by the governing body pursuant to paragraph (1).

Consideration of responses to proposals and determination as to whether to proceed – governing body proposed

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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 considers appropriate; or

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

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

• (3) All the governing bodies that have determined to proceed must jointly give notice of that fact to the relevant local authority or local authorities.

New schools wishing 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 5 to 7 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 5 to 7 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 voluntary school proposals for the establishment of which were published by promoters, the promoters;

• (b) regulation 5(2) were omitted; and

• (c) in regulation 6(2)(a) for “the governing body propose to federate” there were substituted “the local authority or the promoters propose that the temporary governing body of the new school should federate”.

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

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

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

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

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

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

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

Procedure for federation - local authority proposed

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• (1) Where a local authority makes a proposal under section 11 of the 2011 Measure that does not involve the federation of only small schools the published proposals must contain the following—

• (a) the name or names of the governing body or bodies which the local authority is proposing 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 the local authority regarding the proposals and the address to which they should be sent;

• (h) in the case of a proposal for a federation that includes a maintained school not maintained by the proposing local authority confirmation that the local authority that maintains the school in question has given its consent;

• (i) in the case of a proposal that includes a foundation or voluntary school confirmation that the appropriate diocesan authority or the person or persons by whom the foundation governors are appointed (as the case may be) has given consent; and

• (j) such other matters as the local authority considers appropriate.

• (2) The local authority must publish the proposals by sending them to—

• (a) any other relevant local authority;

• (b) the head teacher of each school;

• (c) the school council of each school;

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

• (i) the foundation governors; and

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

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

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

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

• (h) every trade union known to them to have members paid to work at any of the schools; and

• (i) such other persons as the local authority considers appropriate.

• (3) A copy of the proposals must be published on the local authority’s website.

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

• (5) The proposed federation date in paragraph (1)(e) must be not less than 125 days following the publication of the proposals for federation by the governing body pursuant to section 11 of the 2011 Measure.

Consideration of responses to proposals and determination as to whether to proceed – local authority proposed

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• (1) The local authority must consider any responses to the proposals and publish a summary of the responses together with the local authority’s comments on the local authority’s website.

• (2) The local authority 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 local authority consider appropriate; or

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

• (3) The modifications referred to in paragraph (2)(b) must not include a change in the identity of the governing bodies that the local authority is proposing to federate.

• (4) Any determination under paragraph (2) must be published on the local authority’s website and a copy of the determination sent to—

• (a) any other relevant local authority;

• (b) the head teacher of each school;

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

• (i) the foundation governors; and

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