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The Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010

W.S.I. 2010/638 · Made 7 March 2010 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 22 May 2014.

EDUCATION, WALES

Made 7 March 2010

Laid before the National Assembly for Wales 9 March 2010

Coming into force 12 April 2010

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State in sections 21(5) and (6), and 138(7) and (8) of the School Standards and Framework Act 1998f1, and in exercise of the powers conferred on the National Assembly for Wales in sections 19(2), (3) and (8), 20(2), (3) and (4), 24, 25, 34(5), 35(4) and (5), 36(4) and (5), 210(7), and 214 of the Education Act 2002 and now vested in themf2 make the following Regulations:

Annotations to the whole text

Footnotes

f1

1998 c. 31. The functions of the Secretary of State under these sections were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and then to the Welsh Ministers under paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

f2

2002 c. 32. The functions of the National Assembly for Wales under these sections were transferred to the Welsh Ministers under paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

Contents

  1. Part 1: INTRODUCTION Repealed
  2. 1Title, commencement and application Repealed
  3. 2Interpretation Repealed
  4. Part 2: ESTABLISHING OR JOINING A FEDERATION Repealed
  5. 3Prescribed cases Repealed
  6. 4Procedure for schools wishing to federate Repealed
  7. 5Procedure for schools wishing to federate Repealed
  8. 6Procedure for schools wishing to federate Repealed
  9. 7Procedure for schools wishing to federate Repealed
  10. 8New schools wishing to federate Repealed
  11. 9New schools wishing to federate Repealed
  12. 10Incorporation of governing bodies of federations and dissolution of former governing bodies Repealed
  13. Part 3: CATEGORIES OF GOVERNOR Repealed
  14. 11Parent governors Repealed
  15. 12Teacher governors Repealed
  16. 13Staff governors Repealed
  17. 14Local authority governors Repealed
  18. 15Community governors and additional community governors Repealed
  19. 16Foundation governors Repealed
  20. 17Partnership governors Repealed
  21. 18Sponsor governors Repealed
  22. 19Representative governors Repealed
  23. 20Associate pupil governors Repealed
  24. Part 4: COMPOSITION OF GOVERNING BODIES OF A FEDERATION Repealed
  25. 21General principles Repealed
  26. 22Federation comprising only community, community special and maintained nursery schools Repealed
  27. 23Federation comprising only foundation or foundation special schools Repealed
  28. 24Federation comprising voluntary controlled schools only Repealed
  29. 25Federation comprising voluntary aided schools only Repealed
  30. 26Federation comprising voluntary controlled schools and community, community special or maintained nursery schools Repealed
  31. 27Federation comprising more than one category of school including at least one foundation or foundation special or voluntary aided school Repealed
  32. 28Additional Community Governors Repealed
  33. 29Notification of vacancies and appointments Repealed
  34. 30Joint appointments Repealed
  35. 31Surplus Governors Repealed
  36. Part 5: QUALIFICATIONS AND TENURE OF OFFICE Repealed
  37. 32Qualifications and disqualifications Repealed
  38. 33Term of office Repealed
  39. 34Resignation Repealed
  40. 35Removal of local authority, foundation, representative, additional community and sponsor governors Repealed
  41. 36Removal of community governors Repealed
  42. 37Removal of appointed parent governors, partnership governors and associate pupil governors Repealed
  43. 38Procedure for removal of governors by the governing body Repealed
  44. Part 6: INSTRUMENT OF GOVERNMENT, STAFFING, SCHOOL COUNCILS AND CHARITABLE STATUS Repealed
  45. 39Duty to have regard to guidance Repealed
  46. 40Contents and form of instrument of government Repealed
  47. 41Procedure for making an instrument Repealed
  48. 42Review of instruments of government Repealed
  49. 43Other requirements relating to instruments of government Repealed
  50. 44Staffing of federations Repealed
  51. 45School Council Regulations Repealed
  52. 46Charitable status of federations Repealed
  53. Part 7: APPOINTMENT, FUNCTIONS AND REMOVAL OF OFFICERS Repealed
  54. 47Election of the chair and vice-chair Repealed
  55. 48Delegation of functions to the chair or vice-chair in cases of urgency Repealed
  56. 49Removal of the chair or vice-chair from office Repealed
  57. 50Appointment and removal of the clerk to the governing body Repealed
  58. 51Functions of the clerk to the governing body Repealed
  59. Part 8: MEETINGS AND PROCEEDINGS OF GOVERNING BODIES Repealed
  60. 52Right of persons to attend meetings of the governing body Repealed
  61. 53Exclusion of associate pupil governors from meetings Repealed
  62. 54Convening meetings of the governing body Repealed
  63. 55Quorum and proceedings of the governing body Repealed
  64. 56Minutes and papers Repealed
  65. 57Publication of minutes and papers Repealed
  66. 58Suspension of governors Repealed
  67. 59Delegation of functions Repealed
  68. 60Restrictions on delegation and specified committees Repealed
  69. 61Reporting to the governing body following the exercise of delegated functions Repealed
  70. Part 9: COMMITTEES OF GOVERNING BODIES Repealed
  71. 62Application of this Part Repealed
  72. 63Establishment of committees of the governing body Repealed
  73. 64Staff disciplinary and dismissal committee and disciplinary and dismissal appeals committee Repealed
  74. 65Pupil discipline and exclusions committee Repealed
  75. 66Admissions committee Repealed
  76. 67Clerks to committees Repealed
  77. 68Right of persons to attend meetings of committees Repealed
  78. 69Meetings of committees Repealed
  79. 70Minutes of meetings of committees Repealed
  80. 71Publication of minutes and papers Repealed
  81. Part 10: RESTRICTIONS ON PERSONS TAKING PART IN PROCEEDINGS OF THE GOVERNING BODY OR ITS COMMITTEES Repealed
  82. 72Restrictions on persons taking part in proceedings Repealed
  83. Part 11: INFORMATION AND FUNDING Repealed
  84. 73Information for the governing body of a federation Repealed
  85. 74Financing of federations Repealed
  86. 75Financing of federations Repealed
  87. Part 12: FEDERATED SCHOOLS LEAVING FEDERATIONS Repealed
  88. 76Procedure for a school to leave a federation Repealed
  89. 77Decision to permit federated school to leave a federation Repealed
  90. 78Availability of amounts representing budget share Repealed
  91. 79Incorporation of governing body of a school leaving a federation Repealed
  92. 80Transfer of property Repealed
  93. Part 13: DISSOLUTION OF FEDERATIONS Repealed
  94. 81Dissolution of federations Repealed
  95. 82Establishment of temporary governing body Repealed
  96. 83Establishment of temporary governing body Repealed
  97. 84Availability of amounts representing budget share Repealed
  98. 85Incorporation of governing body of a school leaving a federation Repealed
  99. 86Transfer of property Repealed
  100. Part 14: MISCELLANEOUS AMENDMENTS TO REGULATIONS
  101. 87Amendments to the Government of Maintained Schools Regulations
  102. 88Amendment to the Education (Foundation Body) (Wales) Regulations 2001
  103. Signature
  104. Schedule 1: Temporary governing bodies of new schools intending to federate Repealed
  105. 1General principles Repealed
  106. 2General principles Repealed
  107. 3General principles Repealed
  108. 4General principles Repealed
  109. 5Temporary governing body for new community, community special or maintained nursery schools Repealed
  110. 6Temporary governing body for new foundation or foundation special schools Repealed
  111. 7Temporary governing body for new voluntary controlled schools Repealed
  112. 8Temporary governing body for new voluntary aided schools Repealed
  113. 9Temporary governing body for new voluntary controlled schools and community, community special or maintained nursery schools Repealed
  114. 10Temporary governing body for proposed federation comprising more than one category of school including at least one new foundation or foundation special or voluntary aided school Repealed
  115. 11Temporary sponsor and associate pupil governors Repealed
  116. 12Temporary Additional Community Governors Repealed
  117. Schedule 2: Election and appointment of parent governors Repealed
  118. 1Paragraph 1 Repealed
  119. 2Paragraph 2 Repealed
  120. 3Paragraph 3 Repealed
  121. 4Paragraph 4 Repealed
  122. 5Paragraph 5 Repealed
  123. 6Paragraph 6 Repealed
  124. 7Paragraph 7 Repealed
  125. 8Paragraph 8 Repealed
  126. 9Paragraph 9 Repealed
  127. 10Paragraph 10 Repealed
  128. 11Paragraph 11 Repealed
  129. Schedule 3: Election of teacher and staff governors Repealed
  130. 1Paragraph 1 Repealed
  131. 2Paragraph 2 Repealed
  132. 3Paragraph 3 Repealed
  133. 4Paragraph 4 Repealed
  134. Schedule 4: Appointment of partnership governors Repealed
  135. 1Paragraph 1 Repealed
  136. 2Paragraph 2 Repealed
  137. 3Paragraph 3 Repealed
  138. 4Paragraph 4 Repealed
  139. 5Paragraph 5 Repealed
  140. 6Paragraph 6 Repealed
  141. 7Paragraph 7 Repealed
  142. Schedule 5: Appointment of sponsor governors Repealed
  143. 1Paragraph 1 Repealed
  144. 2Paragraph 2 Repealed
  145. 3Paragraph 3 Repealed
  146. Schedule 6: Appointment of representative governors Repealed
  147. 1Paragraph 1 Repealed
  148. 2Paragraph 2 Repealed
  149. Schedule 7: Qualifications and disqualifications Repealed
  150. 1General Repealed
  151. 2General Repealed
  152. 3General Repealed
  153. 4Mental disorder Repealed
  154. 5Failure to attend meetings Repealed
  155. 6Bankruptcy Repealed
  156. 7Disqualification of company directors Repealed
  157. 8Disqualification of charity trustees Repealed
  158. 9Persons whose employment is prohibited or restricted Repealed
  159. 10Criminal convictions Repealed
  160. 11Governors of more than two schools Repealed
  161. 11AFailure to complete required training Repealed
  162. 12Refusal to make an application for a criminal records certificate Repealed
  163. 13Notification to clerk Repealed
  164. Schedule 8: Modification of the Staffing Regulations Repealed
  165. 1Paragraph 1 Repealed
  166. 2Paragraph 2 Repealed
  167. 3Paragraph 3 Repealed
  168. 4Paragraph 4 Repealed
  169. 5Paragraph 5 Repealed
  170. 6Paragraph 6 Repealed
  171. 7Paragraph 7 Repealed
  172. 8Paragraph 8 Repealed
  173. 9Paragraph 9 Repealed
  174. 10Paragraph 10 Repealed
  175. 11Paragraph 11 Repealed
  176. 12Paragraph 12 Repealed
  177. 13Paragraph 13 Repealed
  178. 14Paragraph 14 Repealed
  179. 15Paragraph 15 Repealed
  180. 16Paragraph 16 Repealed
  181. 17Paragraph 17 Repealed
  182. 18Paragraph 18 Repealed
  183. 19Paragraph 19 Repealed
  184. 20Paragraph 20 Repealed
  185. 21Paragraph 21 Repealed
  186. 22Paragraph 22 Repealed
  187. 23Paragraph 23 Repealed
  188. 24Paragraph 24 Repealed
  189. 25Paragraph 25 Repealed
  190. 26Paragraph 26 Repealed
  191. 27Paragraph 27 Repealed
  192. 28Paragraph 28 Repealed
  193. 29Paragraph 29 Repealed
  194. Schedule 9: Modification of the School Councils Regulations Repealed
  195. 1Paragraph 1 Repealed
  196. 2Paragraph 2 Repealed
  197. 3Paragraph 3 Repealed
  198. 4Paragraph 4 Repealed
  199. 5Paragraph 5 Repealed
  200. 6Paragraph 6 Repealed
  201. 7Paragraph 7 Repealed
  202. 8Paragraph 8 Repealed
  203. 9Paragraph 9 Repealed
  204. 10Paragraph 10 Repealed
  205. 11Paragraph 11 Repealed
  206. Schedule 10: Restrictions on persons taking part in proceedings of the governing body or its committees Repealed
  207. 1Pecuniary interests Repealed
  208. 2Office of governor, chair, vice-chair or clerk Repealed
  209. 3Pay or appraisal of persons working at the school Repealed
  210. 4Appointment of staff Repealed
  211. 5Persons who are members of more than one governing body Repealed
  212. Explanatory note