The Federation of Maintained Schools (Wales) Regulations 2014
W.S.I. 2014/1132 · Made 29 April 2014 · Extends to England and Wales
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
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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
Contents
- Part 1: INTRODUCTION
- 1Title, commencement and application
- 2Revocation, transitional provisions and savings
- 3Interpretation
- Part 2: ESTABLISHING OR JOINING A FEDERATION
- 4General
- 5Procedure for federation – governing body proposed
- 6Publication of proposals – governing body proposed
- 7Consideration of responses to proposals and determination as to whether to proceed – governing body proposed
- 8New schools wishing to federate
- 9Procedure for federation - local authority proposed
- 10Consideration of responses to proposals and determination as to whether to proceed – local authority proposed
- 11Procedure for federation - small schools
- 12Consideration of responses to proposals and determination as to whether to proceed – small schools
- 13Incorporation of governing bodies of federations and dissolution of former governing bodies
- Part 3: CATEGORIES OF GOVERNOR
- 14Parent governors
- 15Teacher governors
- 16Staff governors
- 17Local authority governors
- 18Community governors
- 19Additional community governors
- 20Foundation governors
- 21Partnership governors
- 22Sponsor governors
- 23Representative governors
- 24Associate pupil governors
- Part 4: COMPOSITION OF GOVERNING BODIES OF A FEDERATION
- 25General principles
- 26Federation comprising only community, community special and maintained nursery schools
- 27Federation comprising only foundation schools
- 28Federation comprising voluntary controlled schools only
- 29Federation comprising voluntary aided schools only
- 30Federation comprising voluntary controlled and voluntary aided schools
- 31Additional Community Governors
- 32Notification of vacancies and appointments
- 33Joint appointments
- 34Surplus Governors
- Part 5: QUALIFICATIONS AND TERM OF OFFICE
- 35Qualifications and disqualifications
- 36Term of office
- 37Resignation
- 38Removal of local authority, foundation, representative, additional community and sponsor governors
- 39Removal of community governors
- 40Removal of appointed parent governors, partnership governors and associate pupil governors
- 41Procedure for removal of governors by the governing body
- Part 6: INSTRUMENT OF GOVERNMENT, STAFFING, SCHOOL COUNCILS AND CHARITABLE STATUS
- 42Duty to have regard to guidance
- 43Contents and form of instrument of government
- 44Procedure for making an instrument
- 45Review of instruments of government
- 46Other requirements relating to instruments of government
- 47Staffing of federations
- 48School Council Regulations
- 49Charitable status of federations
- Part 7: APPOINTMENT, FUNCTIONS AND REMOVAL OF OFFICERS
- 50Election of the chair and vice-chair
- 51Delegation of functions to the chair or vice-chair in cases of urgency
- 52Removal of the chair or vice-chair from office
- 53Appointment and removal of the clerk to the governing body
- 54Functions of the clerk to the governing body
- Part 8: MEETINGS AND PROCEEDINGS OF GOVERNING BODIES
- 55Right of persons to attend meetings of the governing body
- 56Exclusion of associate pupil governors from meetings
- 57Convening meetings of the governing body
- 58Quorum and proceedings of the governing body
- 59Minutes and papers
- 60Publication of minutes and papers
- 61Suspension of governors
- 62Delegation of functions
- 63Restrictions on delegation and specified committees
- 64Reporting to the governing body following the exercise of delegated functions
- Part 9: COMMITTEES OF GOVERNING BODIES
- 65Application of this Part
- 66Establishment of committees of the governing body
- 67Staff disciplinary and dismissal committee and disciplinary and dismissal appeals committee
- 68Pupil discipline and exclusions committee
- 69Admissions committee
- 70Clerks to committees
- 71Right of persons to attend meetings of committees
- 72Meetings of committees
- 73Minutes of meetings of committees
- 74Publication of minutes and papers
- Part 10: RESTRICTIONS ON PERSONS TAKING PART IN PROCEEDINGS OF THE GOVERNING BODY OR ITS COMMITTEES
- 75Restrictions on persons taking part in proceedings
- Part 11: INFORMATION AND FUNDING
- 76Information for the governing body of a federation
- 77Financing of federations
- 78Modification of Chapter 4 of Part 2 of the 1998 Act
- Part 12: FEDERATED SCHOOLS LEAVING FEDERATIONS
- 79Procedure for a school to leave a non local authority federation
- 80Procedure for a school to leave a local authority federation
- 81Decision to permit federated school to leave a federation
- 82Availability of amounts representing budget share
- 83Incorporation of governing body of a school leaving a federation
- 84Transfer of property
- Part 13: DISSOLUTION OF FEDERATIONS
- 85Dissolution by governing body of non local authority federations
- 86Dissolution by governing body of local authority federations
- 87Dissolution by local authority of local authority federations
- 88Establishment of temporary governing body
- 89Availability of amounts representing budget share
- 90Incorporation of governing body of a school leaving a federation
- 91Transfer of property
- Part 14: AMENDMENTS TO REGULATIONS
- 92Amendments to the Collaboration Between Education Bodies (Wales) Regulations 2012
- 93Amendments to the Government of Maintained Schools (Training Requirements for Governors) (Wales) Regulations 2013
- 94Amendments to the Government of Maintained Schools (Clerk to a Governing Body) (Wales) Regulations 2013
- Signature
- Schedule 1: Temporary governing bodies of new schools intending to federate
- 1General principles
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Temporary governing body for new community, community special and maintained nursery schools
- 6Temporary governing body for new voluntary controlled schools
- 7Temporary governing body for new voluntary aided schools
- 8Temporary governing body for new voluntary controlled and voluntary aided schools
- 9Temporary sponsor governors
- 10Temporary associate pupil governors
- 11Temporary additional community governors
- Schedule 2: Election and appointment of parent governors
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 3: Election of teacher and staff governors
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 4: Appointment of partnership governors
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 5: Appointment of sponsor governors
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 6: Appointment of representative governors
- 1Paragraph 1
- 2Paragraph 2
- Schedule 7: Qualifications and disqualifications
- 1General
- 2Paragraph 2
- 3Paragraph 3
- 4Mental disorder Repealed
- 5Failure to attend meetings
- 6Bankruptcy
- 7Disqualification of company directors
- 8Disqualification of charity trustees
- 9Persons whose employment is prohibited or restricted
- 10Criminal convictions
- 11Governors of more than two schools
- 12Failure to complete required training
- 13Refusal to make an application for a criminal records certificate
- 14Notification to clerk
- Schedule 8: Modification of the Staffing Regulations
- A1Paragraph A1
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Schedule 9: Modification of the School Councils Regulations
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 10: Restrictions on persons taking part in proceedings of the governing body or its committees
- 1Pecuniary interests
- 2Office of governor, chair, vice-chair or clerk
- 3Pay or appraisal of persons working at the school
- 4Appointment of staff
- 5Persons who are members of more than one governing body
- Explanatory note