{
  "url": "https://openlegislation.uk/school-governance-federations-england-regulations-2012/regulation-46",
  "json_url": "https://openlegislation.uk/school-governance-federations-england-regulations-2012/regulation-46.json",
  "legislation": "uksi/2012/1035",
  "legislation_title": "The School Governance (Federations) (England) Regulations 2012",
  "legislation_url": "https://openlegislation.uk/school-governance-federations-england-regulations-2012",
  "path": "regulation/46",
  "kind": "regulation",
  "number": "46",
  "heading": null,
  "text": "(1) For the purposes of section 3(6) of the AA 2010, the proportion and description of the members of the governing body that may make an application for an Academy order in respect of a federated school are those, being no fewer than three in number, who—\n(a) together make up a proportion of the total number of members of the governing body determined in accordance with paragraph (2); and\n(b) include at least 50 percent of those members of the governing body who fall within the descriptions prescribed in paragraph (3).\n(2) The proportion is determined by dividing one by the total number of federated schools in the federation.\n(3) The prescribed descriptions are—\n(a) the head teacher of the federated school, unless the head teacher has resigned the office of governor in accordance with regulation 19 of the Constitution Regulations 2012;\n(b) the parent governors;\n(c) any staff governor employed by the federated governing body or local authority to work at the federated school; and\n(d) where the proposed application for an Academy order is in respect of a foundation or voluntary school, any foundation governors appointed in respect of the federated school.\n(4) In any case where the application of—\n(a) the percentage referred to in paragraph (1)(b), or\n(b) the proportion determined in accordance with paragraph (2)\nleads to other than a whole number of governors, the number must be rounded up to the nearest whole number.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 46(1) substituted (1.5.2017) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017 (S.I. 2017/487), regs. 1(2), 3(3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 46(3)(b) substituted (1.5.2017) by The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017 (S.I. 2017/487), regs. 1(2), 3(4)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 46(4) substituted (1.9.2015) by The School Governance (Federations) (England) (Amendment) Regulations 2015 (S.I. 2015/1554), regs. 1, 2(3)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 46 in force at 1.9.2012, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/1035/regulation/46",
    "retrieved_at": "2026-10-29T01:34:21.436068+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}