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The Federation of Maintained Schools (Wales) Regulations 2014

W.S.I. 2014/1132 · Made 29 April 2014 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 4 February 2022.

Education, Wales

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 themf1 and in exercise of their powers in sections 6, 10, 11, 12, 13, 14, 18 and 32 of the Education (Wales) Measure 2011f2 make the following Regulations:

Annotations to the whole text

Footnotes

f1

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). Section 20(4A) was inserted by section 19 of the Education (Wales) Measure 2011.

f2

2011 nawm 7.

Contents

  1. Part 1: INTRODUCTION
  2. 1Title, commencement and application
  3. 2Revocation, transitional provisions and savings
  4. 3Interpretation
  5. Part 2: ESTABLISHING OR JOINING A FEDERATION
  6. 4General
  7. 5Procedure for federation – governing body proposed
  8. 6Publication of proposals – governing body proposed
  9. 7Consideration of responses to proposals and determination as to whether to proceed – governing body proposed
  10. 8New schools wishing to federate
  11. 9Procedure for federation - local authority proposed
  12. 10Consideration of responses to proposals and determination as to whether to proceed – local authority proposed
  13. 11Procedure for federation - small schools
  14. 12Consideration of responses to proposals and determination as to whether to proceed – small schools
  15. 13Incorporation of governing bodies of federations and dissolution of former governing bodies
  16. Part 3: CATEGORIES OF GOVERNOR
  17. 14Parent governors
  18. 15Teacher governors
  19. 16Staff governors
  20. 17Local authority governors
  21. 18Community governors
  22. 19Additional community governors
  23. 20Foundation governors
  24. 21Partnership governors
  25. 22Sponsor governors
  26. 23Representative governors
  27. 24Associate pupil governors
  28. Part 4: COMPOSITION OF GOVERNING BODIES OF A FEDERATION
  29. 25General principles
  30. 26Federation comprising only community, community special and maintained nursery schools
  31. 27Federation comprising only foundation schools
  32. 28Federation comprising voluntary controlled schools only
  33. 29Federation comprising voluntary aided schools only
  34. 30Federation comprising voluntary controlled and voluntary aided schools
  35. 31Additional Community Governors
  36. 32Notification of vacancies and appointments
  37. 33Joint appointments
  38. 34Surplus Governors
  39. Part 5: QUALIFICATIONS AND TERM OF OFFICE
  40. 35Qualifications and disqualifications
  41. 36Term of office
  42. 37Resignation
  43. 38Removal of local authority, foundation, representative, additional community and sponsor governors
  44. 39Removal of community governors
  45. 40Removal of appointed parent governors, partnership governors and associate pupil governors
  46. 41Procedure for removal of governors by the governing body
  47. Part 6: INSTRUMENT OF GOVERNMENT, STAFFING, SCHOOL COUNCILS AND CHARITABLE STATUS
  48. 42Duty to have regard to guidance
  49. 43Contents and form of instrument of government
  50. 44Procedure for making an instrument
  51. 45Review of instruments of government
  52. 46Other requirements relating to instruments of government
  53. 47Staffing of federations
  54. 48School Council Regulations
  55. 49Charitable status of federations
  56. Part 7: APPOINTMENT, FUNCTIONS AND REMOVAL OF OFFICERS
  57. 50Election of the chair and vice-chair
  58. 51Delegation of functions to the chair or vice-chair in cases of urgency
  59. 52Removal of the chair or vice-chair from office
  60. 53Appointment and removal of the clerk to the governing body
  61. 54Functions of the clerk to the governing body
  62. Part 8: MEETINGS AND PROCEEDINGS OF GOVERNING BODIES
  63. 55Right of persons to attend meetings of the governing body
  64. 56Exclusion of associate pupil governors from meetings
  65. 57Convening meetings of the governing body
  66. 58Quorum and proceedings of the governing body
  67. 59Minutes and papers
  68. 60Publication of minutes and papers
  69. 61Suspension of governors
  70. 62Delegation of functions
  71. 63Restrictions on delegation and specified committees
  72. 64Reporting to the governing body following the exercise of delegated functions
  73. Part 9: COMMITTEES OF GOVERNING BODIES
  74. 65Application of this Part
  75. 66Establishment of committees of the governing body
  76. 67Staff disciplinary and dismissal committee and disciplinary and dismissal appeals committee
  77. 68Pupil discipline and exclusions committee
  78. 69Admissions committee
  79. 70Clerks to committees
  80. 71Right of persons to attend meetings of committees
  81. 72Meetings of committees
  82. 73Minutes of meetings of committees
  83. 74Publication of minutes and papers
  84. Part 10: RESTRICTIONS ON PERSONS TAKING PART IN PROCEEDINGS OF THE GOVERNING BODY OR ITS COMMITTEES
  85. 75Restrictions on persons taking part in proceedings
  86. Part 11: INFORMATION AND FUNDING
  87. 76Information for the governing body of a federation
  88. 77Financing of federations
  89. 78Modification of Chapter 4 of Part 2 of the 1998 Act
  90. Part 12: FEDERATED SCHOOLS LEAVING FEDERATIONS
  91. 79Procedure for a school to leave a non local authority federation
  92. 80Procedure for a school to leave a local authority federation
  93. 81Decision to permit federated school to leave a federation
  94. 82Availability of amounts representing budget share
  95. 83Incorporation of governing body of a school leaving a federation
  96. 84Transfer of property
  97. Part 13: DISSOLUTION OF FEDERATIONS
  98. 85Dissolution by governing body of non local authority federations
  99. 86Dissolution by governing body of local authority federations
  100. 87Dissolution by local authority of local authority federations
  101. 88Establishment of temporary governing body
  102. 89Availability of amounts representing budget share
  103. 90Incorporation of governing body of a school leaving a federation
  104. 91Transfer of property
  105. Part 14: AMENDMENTS TO REGULATIONS
  106. 92Amendments to the Collaboration Between Education Bodies (Wales) Regulations 2012
  107. 93Amendments to the Government of Maintained Schools (Training Requirements for Governors) (Wales) Regulations 2013
  108. 94Amendments to the Government of Maintained Schools (Clerk to a Governing Body) (Wales) Regulations 2013
  109. Signature
  110. Schedule 1: Temporary governing bodies of new schools intending to federate
  111. 1General principles
  112. 2Paragraph 2
  113. 3Paragraph 3
  114. 4Paragraph 4
  115. 5Temporary governing body for new community, community special and maintained nursery schools
  116. 6Temporary governing body for new voluntary controlled schools
  117. 7Temporary governing body for new voluntary aided schools
  118. 8Temporary governing body for new voluntary controlled and voluntary aided schools
  119. 9Temporary sponsor governors
  120. 10Temporary associate pupil governors
  121. 11Temporary additional community governors
  122. Schedule 2: Election and appointment of parent governors
  123. 1Paragraph 1
  124. 2Paragraph 2
  125. 3Paragraph 3
  126. 4Paragraph 4
  127. 5Paragraph 5
  128. 6Paragraph 6
  129. 7Paragraph 7
  130. 8Paragraph 8
  131. 9Paragraph 9
  132. 10Paragraph 10
  133. 11Paragraph 11
  134. Schedule 3: Election of teacher and staff governors
  135. 1Paragraph 1
  136. 2Paragraph 2
  137. 3Paragraph 3
  138. 4Paragraph 4
  139. Schedule 4: Appointment of partnership governors
  140. 1Paragraph 1
  141. 2Paragraph 2
  142. 3Paragraph 3
  143. 4Paragraph 4
  144. 5Paragraph 5
  145. 6Paragraph 6
  146. Schedule 5: Appointment of sponsor governors
  147. 1Paragraph 1
  148. 2Paragraph 2
  149. 3Paragraph 3
  150. Schedule 6: Appointment of representative governors
  151. 1Paragraph 1
  152. 2Paragraph 2
  153. Schedule 7: Qualifications and disqualifications
  154. 1General
  155. 2Paragraph 2
  156. 3Paragraph 3
  157. 4Mental disorder Repealed
  158. 5Failure to attend meetings
  159. 6Bankruptcy
  160. 7Disqualification of company directors
  161. 8Disqualification of charity trustees
  162. 9Persons whose employment is prohibited or restricted
  163. 10Criminal convictions
  164. 11Governors of more than two schools
  165. 12Failure to complete required training
  166. 13Refusal to make an application for a criminal records certificate
  167. 14Notification to clerk
  168. Schedule 8: Modification of the Staffing Regulations
  169. A1Paragraph A1
  170. 1Paragraph 1
  171. 2Paragraph 2
  172. 3Paragraph 3
  173. 4Paragraph 4
  174. 5Paragraph 5 Repealed
  175. 6Paragraph 6 Repealed
  176. 7Paragraph 7
  177. 8Paragraph 8
  178. 9Paragraph 9
  179. 10Paragraph 10
  180. 11Paragraph 11
  181. 12Paragraph 12
  182. 13Paragraph 13
  183. 14Paragraph 14
  184. 15Paragraph 15
  185. 16Paragraph 16
  186. 17Paragraph 17
  187. 18Paragraph 18
  188. 19Paragraph 19
  189. 20Paragraph 20
  190. 21Paragraph 21
  191. 22Paragraph 22
  192. 23Paragraph 23
  193. 24Paragraph 24
  194. 25Paragraph 25
  195. 26Paragraph 26
  196. 27Paragraph 27
  197. 28Paragraph 28
  198. 29Paragraph 29
  199. Schedule 9: Modification of the School Councils Regulations
  200. 1Paragraph 1
  201. 2Paragraph 2
  202. 3Paragraph 3
  203. 4Paragraph 4
  204. 5Paragraph 5
  205. 6Paragraph 6
  206. 7Paragraph 7
  207. 8Paragraph 8
  208. 9Paragraph 9
  209. 10Paragraph 10
  210. Schedule 10: Restrictions on persons taking part in proceedings of the governing body or its committees
  211. 1Pecuniary interests
  212. 2Office of governor, chair, vice-chair or clerk
  213. 3Pay or appraisal of persons working at the school
  214. 4Appointment of staff
  215. 5Persons who are members of more than one governing body
  216. Explanatory note