Explanatory note

These Regulations apply to federations consisting of all categories of schools in Wales.

Part 1 provides for the Regulations to come into force on 12 April 2010 and contains interpretative provisions.

Part 2 sets out the circumstances in which a federation can be established or a school can join an existing federation. At least two schools can federate in accordance with section 24 of the Education Act 2002.

Regulations 4 to 9 set out the procedure for governing bodies of maintained schools to federate including circumstances where a federation wishes to join another federation to form a new federation and where a new school wishes to join a federation. Regulation 9 and Schedule 1 enable new schools which propose to be federated schools to have a single temporary governing body.

Regulation 10 provides that on the federation date the governing bodies of the individual schools dissolve and the governing body of the federation is incorporated. All relevant land, property, rights and liabilities are transferred to the governing body of the federation.

Part 3 describes the various types of governor. Regulation 11 and Schedule 2 deal with parent governors and set out the basis on which they are elected or appointed.

Regulation 12 deals with teacher governors and regulation 13 deals with staff governors who are not teachers. The head teacher is a governor by virtue of his or her position but may resign his or her governorship (or withdraw his or her resignation) at any time. Schedule 3 sets out the election process for staff governors.

Regulation 14 deals with the appointment of local authority governors.

Regulation 15 sets out who is eligible for appointment as a community governor and as an additional community governor.

Regulation 16 deals with the appointment of foundation governors, including ex officio foundation governors and substitute governors. Regulation 17 and Schedule 4 make provision for the nomination and appointment of partnership governors and regulation 18 and Schedule 5 make provision for the nomination and appointment of sponsor governors. The appointment of sponsor governors is optional.

Regulation 19 and Schedule 6 makes provision for the nomination and appointment of representative governors.

Regulation 20 makes provision for the appointment of associate pupil governors.

Part 4 sets out the general principles by which the size and composition of governing bodies of federations are to be determined. Regulations 22 to 28 set out the specific requirements for the constitution of the governing bodies of federations, dependent upon the type of schools which make up a federation.

Part 5 deals with qualifications and term of office. Regulation 32 and Schedule 7 set out the circumstances in which a governor is disqualified from standing for election, being appointed or continuing in office as a governor.

Regulation 33 provides that (with some exceptions) a governor’s term of office is a maximum of 4 years. In the event that an ex officio foundation governor is unable or unwilling to take up office, a substitute governor may be appointed. Regulation 34 sets out the procedure for resigning as a governor. Regulations 35 to 38 provide for the removal of governors who have been appointed (rather than elected) to office.

Part 6 deals with the procedure for making, reviewing and varying instruments of government and the content of instruments. Regulation 44 applies provisions within the Staffing of Maintained Schools (Wales) Regulations 2006, and regulation 45 applies provisions within the School Councils (Wales) Regulations 2005, to the governing bodies of federations, and to governors, where certain modifications are required as set out in Schedules 8 and 9 respectively.

Part 7 deals with the appointment and removal of officers of the federated governing body, and their functions. Regulation 48 deals with delegation of functions to the chair or vice-chair in cases of urgency. Under regulation 50 the federated governing body is required to appoint a clerk to the governing body, and has the power to remove the clerk from office at any time. Regulation 51 sets out the functions of the clerk to the federated governing body.

Part 8 provides for meetings and proceedings of the federated governing body. This Part includes provisions for access to meetings, convening meetings, quorum, minutes and their publication. Decisions on all matters are to be made by majority of governors voting.

Regulation 58 sets out the circumstances in which a governor may be suspended from meetings for up to 6 months. Regulations 59 to 61 relate to delegation of the federated governing body functions.

Part 9 deals with the establishment and proceedings of committees of federated governing bodies, including clerking arrangements, convening meetings, quorum, voting and publication of minutes.

Part 10 and Schedule 10 deal with conflicts of interest and the circumstances in which governors and others who are otherwise entitled to attend meetings of the federated governing body or its committees must withdraw and not vote. The general principle is that where there is a conflict between the interests of such a person and the interests of the federated governing body, or where the principles of natural justice require a fair hearing and there is any reasonable doubt about that person’s ability to act impartially, he or she should withdraw from the meeting and not vote.

Part 11 deals with information and funding matters. Regulation 73 provides for the governing bodies of each school which will be part of a federation to provide specified information to assist the governing body of the federation.

Regulation 74 applies Chapter 4 of Part 2 of the School Standards and Framework Act 1998 (“the 1998 Act”) to federations subject to regulation 75, which modifies section 50 of the 1998 Act as it applies to federated schools and the governing bodies of federations. The modified section 50 applies until a temporary governing body is established when a school proposes to leave a federation or when a federation is dissolved.

Part 12 sets out the procedure required for a federated school to leave a federation.

Regulation 77 provides that where a school is to leave a federation, the local authority must establish a temporary governing body and issue an instrument of government in respect of that school and review the instrument of government of the federation. Under regulation 78, the temporary governing body of the school leaving the federation may spend its budget share made available by the local authority.

Regulation 79 provides for the incorporation of the governing body of the school leaving the federation on the de-federation date and regulation 80 deals with the transfer of land, property, rights and liabilities to the governing body of the school leaving the federation.

Part 13 sets out the procedure for the dissolution of a federation. The local authority must establish a temporary governing body for each school within the federation and issue an instrument of government in relation to each school.

Regulation 84 enables the temporary governing body of each school to spend the budget share made available to it by the local authority.

Regulation 85 provides for the incorporation (on the date of dissolution) of the governing bodies of each school previously within the dissolved federation and regulation 86 deals with the transfer of land, property, rights and liabilities to the governing body of each of those schools.

Part 14 amends the Government of Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2914 (W.211)) and the Education (Foundation Body) (Wales) Regulations 2001 (S.I. 2001/2709 (W.228)).