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

• (a) a named person who works, or who it is proposed should work, at the federation or a federated school;

• (b) a named pupil at, or candidate for admission to, the federation;

• (c) any other matter that, by reason of its nature, the committee is satisfied should remain confidential.

PART 10 — RESTRICTIONS ON PERSONS TAKING PART IN PROCEEDINGS OF THE GOVERNING BODY OR ITS COMMITTEES

Restrictions on persons taking part in proceedings

72

• (1) In this regulation and in Schedule 10—

• (a) “relevant person” (“person perthnasol”) means a governor, a member of a committee who is not a governor, the head teacher of the federation or of a federated school (whether or not he or she is a governor) or any person appointed as clerk to the governing body or to a committee; and

• (b) any reference to “meeting of the federation or a federated school” (“cyfarfod o'r ffederasiwn neu ysgol ffederal”) is a reference to a meeting of the governing body or of a committee, including a selection panel established under the Staffing Regulations (as modified by Schedule 8).

• (2) Subject to paragraph (4), where—

• (a) in relation to any matter there may be a conflict between the interests of a relevant person and the interests of the governing body;

• (b) a fair hearing is required and there is any reasonable doubt about a relevant person’s ability to act impartially in relation to any matter; or

• (c) a relevant person has a pecuniary interest in any matter;

that person, if present at a meeting of the federation or a federated school at which the matter is the subject of consideration, must disclose his or her interest, withdraw from the meeting and not vote on the matter in question.

• (3) Nothing in this regulation or in Schedule 10 is to be construed as precluding—

• (a) the governing body, or a committee, from—

• (i) allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his or her evidence; or

• (ii) hearing representations from a relevant person acting in a capacity other than that of a relevant person; or

• (b) a relevant person from entering into a contract with the governing body from which he or she is entitled to profit.

• (4) A person who is acting as the clerk to a meeting of the federation or a federated school is not required to withdraw from a meeting by this regulation or Schedule 10 unless his or her appointment to office, his or her remuneration, or disciplinary action against him or her is the subject of consideration, but if this regulation or Schedule 10 would have otherwise required him or her to withdraw, he or she may not act in any capacity other than that of a clerk.

• (5) Where there is any dispute as to whether a relevant person is required by this regulation, or by Schedule 10 to withdraw from a meeting of the federation or a federated school and not vote, that question is to be determined by the other governors present at the meeting.

• (6) Schedule 10 makes provision about pecuniary interests and other specified conflicts of interest.

PART 11 — INFORMATION AND FUNDING

Information for the governing body of a federation

73

• (1) Immediately before the federation date, the governing body of a school which is to become a federated school must prepare, for the purpose of assisting the governing body of the federation, a written report on the action which they have taken in the discharge of their functions relating to the school.

• (2) All minutes and papers of a governing body of a school which is to become a federated school on the federation date, including the report prepared under paragraph (1), is to be made available to the governing body of the federation.

Financing of federations

74

Except as provided by regulation 75, Chapter 4 of Part 2 of the 1998 Act (financing of maintained schools) applies to federated schools and their governing bodies as it applies to other maintained schools and their governing bodies.

75

• (1) In its application to a federated school in Wales, other than one for which a temporary governing body is established pursuant to regulation 77 or 82, section 50[^f00041] of the 1998 Act (effect of financial delegation) is to have effect subject to the following modifications.

• (2) In subsection (1), for “maintained” substitute “federated”.

• (3) In subsection (2) for “any amounts are made available by the authority to the governing body” substitute “any amounts in respect of a federated school are made available by the local authority to the governing body of a federation”.

• (4) In subsection (3)—

• (a) for “the governing body may spend any such amounts” substitute “the governing body of a federation may spend any amounts made available under subsection (2), or previously made available to the governing bodies of the federated schools before federation”; and

• (b) for paragraph (a) substitute—

(a) for any purposes of the federated school to which the amounts relate; (ab) for any purposes of any other federated school within the federation; (ac) for any purposes of the federation; or

• (5) In subsection (4) for “In subsection (3) “purposes of the school” does not include” substitute “In subsection (3)(a), (ab) and (ac) any reference to the purposes of a federated school or a federation does not include”.

• (6) In subsection (6), for “the head teacher” substitute “the head teacher of the federation or to the head teachers of federated schools”.

• (7) In subsection (7), for “school” substitute “federation”.

PART 12 — FEDERATED SCHOOLS LEAVING FEDERATIONS

Procedure for a school to leave a federation

76

• (1) This regulation applies to a request made to a governing body of a federation for a federated school (“the relevant school”) to leave the federation.

• (2) The request must be made in writing and signed by—

• (a) two or more governors;

• (b) one fifth of the parents of registered pupils at the relevant school;

• (c) two fifths of staff who are paid to work at the relevant school;

• (d) the local authority;

• (e) the trustees of the relevant school; or

• (f) a body entitled to appoint foundation governors to the governing body of the federation.

• (3) The governing body of the federation must give notice of the request to—

• (a) all relevant local authorities;

• (b) the head teacher of the federation and the head teacher of each federated school;

• (c) where the relevant school is a foundation or voluntary school with a religious foundation, any trustees of a trust relating to the relevant school and, in the case of a Church in Wales or Roman Catholic Church school, the appropriate diocesan authority, or the appropriate religious body in the case of all other such schools;

• (d) all staff paid to work at the relevant school;

• (e) every person known by them to be a parent of a registered pupil at the relevant school;

• (f) every trade union known by them to have members paid to work at any of the schools; and

• (g) such other persons as the governing body of the federation consider appropriate.

• (4) Notice under paragraph (3) must be given within the period of five clear working days beginning with the date on which the request was received.

• (5) A request under paragraph (1) is to be taken to have been received by a governing body of a federation if given or sent to the chair or to the clerk of the governing body of a federation.

• (6) Not less than fourteen clear working days after the governing body of a federation have given notice of the request in accordance with paragraph (3), the governing body must consider the request and all responses received from the persons to whom notification of the request was sent and must decide whether—

• (a) subject to paragraph (9), the relevant school should leave the federation and, if so, on what date it should do so (“the de-federation date”) (“y dyddiad dadffedereiddio”);

• (b) the federation should be dissolved, and if so, on what date; or

• (c) the relevant school should not leave the federation.

• (7) Such a decision does not have effect unless the matter is specified as an item of business on the agenda for the meeting of which notice has been given in accordance with regulation 54(4).

• (8) The governing body of a federation must give notice in writing of their decision under paragraph (6) within five clear working days to those persons referred to in paragraph (3).

• (9) The de-federation date specified by the governing body must be not less than 125 days after the day on which notice of the governing body decision under paragraph (8) was given.

Decision to permit federated school to leave a federation

77

• (1) Upon notification that a governing body of a federation have resolved that a federated school should leave a federation paragraphs (2) or (3) are to apply.

• (2) Where one of only two federated schools is to leave a federation, the federation is to be dissolved in accordance with Part 13.

• (3) Where paragraph (2) does not apply,

• (a) the local authority must—

• (i) establish a temporary governing body in respect of the school leaving the federation in accordance with Parts 3 and 4 of the New Maintained Schools Regulations; and

• (ii) issue a new instrument of government for that school in accordance with Part 5 of the Government of Maintained Schools Regulations;

• (b) the governing body of the federation must review the instrument of government of the federation in accordance with regulation 42.

• (4) For the purpose of paragraph (3)(a)(ii)—

• (a) the reference in regulation 32 of the Government of Maintained Schools Regulations to “governing bodies” is treated as a reference to “temporary governing bodies”; and

• (b) references in regulation 34 of the Government of Maintained Schools Regulations to–

• (i) “governing body” are treated as references to “temporary governing body”; and

• (ii) “foundation governors” are treated as references to “temporary foundation governors”.

Availability of amounts representing budget share

78

Subject to any provision made by or under a scheme made under section 48(1) of the 1998 Act, the temporary governing body of a school leaving a federation may spend any sum made available by the local authority under section 50(1) of that Act[^f00042] to the governing body of the federation in respect of the school leaving the federation, as they think fit for any purposes of that school.

Incorporation of governing body of a school leaving a federation

79

On the de-federation date the temporary governing body of the de-federated school are incorporated as the governing body of that school under the name given in the school’s instrument of government.

Transfer of property

80

• (1) On the de-federation date—

• (a) all land or property, which, immediately before the de-federation date, was held by the governing body of the federation for the purposes of the de-federated school transfers to, and by virtue of these Regulations vests in, the governing body incorporated under regulation 79; and

• (b) all rights and liabilities subsisting immediately before the de-federation date which were acquired or incurred by the governing body of the federation for the purposes of the de-federated school transfer to the governing body incorporated under regulation 79.

• (2) Section 198 of and Schedule 10 to the Education Reform Act 1988[^f00043] (which make provision in relation to transfers of property, rights and liabilities) apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.

PART 13 — DISSOLUTION OF FEDERATIONS

Dissolution of federations

81

• (1) Where—

• (a) a governing body of a federation decide that the federation should be dissolved; or

• (b) a governing body of a federation decide that one of only two federated schools should leave the federation,

the governing body of a federation must give notice of the fact and the proposed date of dissolution to the persons mentioned in paragraph (2) within fourteen clear working days.

• (2) The persons to be notified are—

• (a) all relevant local authorities;

• (b) the head teacher of the federation and each head teacher of a federated school;

• (c) every member of staff paid to work at the federation or a federated school;

• (d) every person known by the governing body to be a parent of a registered pupil at a federated school;

• (e) where a federated school is a foundation or voluntary school with a religious foundation, the foundation governors, any trustees of a trust relating to the federated school and, in the case of a Church in Wales or Roman Catholic Church school, the appropriate diocesan authority, or the appropriate religious body in the case of all other such schools;

• (f) every trade union known to them to have members paid to work at any of the schools; and

• (g) such other persons as the governing body of the federation consider appropriate.

Establishment of temporary governing body

82

Upon receipt of the notice issued under regulation 81 the relevant local authority or local authorities must—

• (a) establish a temporary governing body in respect of each school in accordance with Parts 3 and 4 of the New Maintained Schools Regulations; and

• (b) issue a new instrument of government for each school in accordance with Part 5 of the Government of Maintained Schools Regulations.

83

For the purposes of regulation 82(b)—

• (a) the reference in regulation 32 of the Government of Maintained Schools Regulations to “governing bodies” is treated as a reference to “temporary governing bodies”; and

• (b) references in regulation 34 of the Government of Maintained Schools Regulations to–

• (i) “governing body” are treated as references to “temporary governing body”; and

• (ii) “foundation governors” are treated as references to “temporary foundation governors”.

Availability of amounts representing budget share

84

Subject to any provision made by or under a scheme made under section 48(1) of the 1998 Act, the temporary governing body of each school may spend any sum made available by the local authority under section 50(1) of that Act[^f00044] to the governing body of the federation in respect of each school, as they think fit for any purposes of that school.

Incorporation of governing body of a school leaving a federation

85

On the date of dissolution the temporary governing body of each federated school is incorporated as the governing body of each de-federated school under the name given in the school’s instrument of government.

Transfer of property

86

• (1) On the date of dissolution—

• (a) all land or property which, immediately before the date of dissolution, was held by the governing body of the federation for the purposes of each de-federated school, transfers to, and by virtue of these Regulations vests in, the new governing body of each de-federated school incorporated under regulation 85; and

• (b) all rights and liabilities subsisting immediately before the date of dissolution which were acquired or incurred by the governing body of the federation for the purposes of each de-federated school transfer to the new governing body of each de-federated school incorporated under regulation 85.

• (2) Section 198 of and Schedule 10 to the Education Reform Act 1988[^f00045] (which make provision in relation to transfers of property, rights and liabilities) are to apply in relation to transfers effected by this regulation as they apply in relation to transfers to which that section and Schedule apply.

PART 14 — MISCELLANEOUS AMENDMENTS TO REGULATIONS

Amendments to the Government of Maintained Schools Regulations

87

• (1) Schedule 5 to the Government of Maintained Schools Regulations is amended as follows—

• (a) in sub-paragraph (a) of paragraph 6, after “rescinded” insert “or a moratorium period under a debt relief order applies in relation to him or her”;

• (b) in sub-paragraph (c) of paragraph 9, substitute “sections 28, 29 or 29A” for “sections 28 and 29”;

• (c) after sub-paragraph (bb) of paragraph 9 insert–

(bc) disqualified from registration under Part XA of the Children Act 1989[^f00046] for childminding or providing day care; (bd) disqualified from registration under Part 3 of the Childcare Act 2006[^f00047];

• (d) in sub-paragraph (1) of paragraph 10, for “Subject to sub-paragraph (6)” substitute “Subject to sub-paragraph (5)”; and

• (e) in paragraph 10, for sub-paragraph (5) substitute—

(5) For the purposes of sub-paragraphs (2) to (4) above, any conviction by or before a court outside the United Kingdom of an offence which, if the facts giving rise to the offence had taken place in any part of the United Kingdom, would not have constituted an offence in that part of the United Kingdom under the law in force at the time the facts given rise to the offence had taken place, must be disregarded.

• (2) In sub-paragraph (b) of paragraph 1, of Schedule 7 to the Government of Maintained Schools Regulations, after “relevant person is a” insert “business”.

Amendment to the Education (Foundation Body) (Wales) Regulations 2001

88

In sub-paragraph (a) of paragraph 2, of Schedule 2 to the Education (Foundation Body) (Wales) Regulations 2001[^f00048], for “rescinded;” substitute “rescinded or a moratorium period under a debt relief order applies in relation to him or her; or”.

SCHEDULE 1 — Temporary governing bodies of new schools intending to federate

General principles

1

The size of the membership of the temporary governing body, being no fewer than 15 and no more than 25 temporary governors, is to be determined by the local authority.

2

In determining the size of the membership of the temporary governing body, the local authority must not include—

• (a) any temporary sponsor governors;

• (b) any temporary foundation governors appointed in accordance with paragraph 8(2); or

• (c) any temporary associate pupil governors.

3

In determining the size of the membership of the temporary governing body, the local authority must include any temporary additional community governors appointed in accordance with paragraph 12.

4

Where application of paragraphs 5 to 10 produces a number other than a whole number, the local authority is to specify either the whole number next above or the whole number next below (at their choice) provided that the total number of temporary governors is within the limits set in paragraph 1.

Temporary governing body for new community, community special or maintained nursery schools

5

A temporary governing body constituted for two or more proposed community schools, proposed community special schools or proposed maintained nursery schools only, is to be composed as follows–

• (a) for each proposed school at least one temporary parent governor appointed to represent the interests of the parents of children who are, or are likely to become, registered pupils at that school;

• (b) at least one but no more than two temporary teacher governors;

• (c) at least one but no more than two temporary staff governors;

• (d) at least two temporary local authority governors;

• (e) subject to sub-paragraph (f) at least two temporary community governors;

• (f) at least one temporary representative governor where the proposed federation contains at least one proposed community special school to take the place of an equal number of the community governors required by sub-paragraph (e); and

• (g) the head teacher or the head teacher designate of each proposed school, unless he or she resigns his or her governorship.

Temporary governing body for new foundation or foundation special schools

6

A temporary governing body constituted for two or more proposed foundation schools or foundation special schools only, is to be composed as follows—

• (a) for each proposed school at least one temporary parent governor appointed to represent the interests of the parents of children who are, or are likely to become, registered pupils at that school;

• (b) at least one but no more than two temporary teacher governors;

• (c) at least one but no more than two temporary staff governors;

• (d) at least two temporary local authority governors;

• (e) at least two temporary community governors;

• (f) at least two temporary foundation governors (or temporary partnership governors as appropriate in respect of any school without a foundation); and

• (g) the head teacher or the head teacher designate of each proposed school, unless he or she resigns his or her governorship.

Temporary governing body for new voluntary controlled schools

7

A temporary governing body constituted for two or more proposed voluntary controlled schools only, is to be composed as follows—

• (a) for each proposed school at least one temporary parent governor appointed to represent the interests of the parents of children who are, or are likely to become, registered pupils at that school;

• (b) at least one but no more than two temporary teacher governors;

• (c) at least one but no more than two temporary staff governors;

• (d) at least two temporary local authority governors;

• (e) at least two temporary community governors; and

• (f) at least two temporary foundation governors; and

• (g) the head teacher or the head teacher designate of each proposed school, unless he or she resigns his or her governorship.

Temporary governing body for new voluntary aided schools

8

• (1) A temporary governing body constituted for two or more proposed voluntary aided schools only, is to be composed as follows–

• (a) for each proposed school at least one temporary parent governor appointed to represent the interests of the parents of children who are, or are likely to become, registered pupils at that school;

• (b) at least one but no more than two temporary teacher governors;

• (c) at least one but no more than two temporary staff governors;

• (d) at least two temporary local authority governors;

• (e) such number of temporary foundation governors as out number all the other temporary governors listed in sub-paragraphs (a) to (d) by two; and

• (f) the head teacher or the head teacher designate of each proposed school, unless he or she resign his or her governorship.

• (2) In addition, the person who is entitled to appoint temporary foundation governors may appoint such number of temporary foundation governors (up to two or where the federation contains new secondary schools only, up to four) as are required to preserve their majority.

Temporary governing body for new voluntary controlled schools and community, community special or maintained nursery schools

9

A temporary governing body constituted for at least one proposed voluntary controlled school and at least one proposed community school, community special school or proposed maintained nursery school is to be composed as follows—

• (a) for each proposed school at least one temporary parent governor appointed to represent the interests of the parents of children who are, or are likely to become, registered pupils at that school;

• (b) at least one but no more than two temporary teacher governors;

• (c) at least one but no more than two temporary staff governors;

• (d) at least two temporary local authority governors;

• (e) subject to sub-paragraph (g), at least two temporary community governors;

• (f) at least two temporary foundation governors;

• (g) at least one temporary representative governor where the proposed federation contains at least one proposed community special school to take the place of one of the community governors required by sub-paragraph (e); and

• (h) the head teacher or the head teacher designate of each proposed school, unless he or she resigns his or her governorship.

Temporary 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

10

A temporary governing body constituted for more than one category of school and at least one proposed foundation school, foundation special school or voluntary aided school is to be composed as follows–

• (a) for each proposed school at least one temporary parent governor appointed to represent the interests of the parents of children who are, or are likely to become, registered pupils at that school;

• (b) at least one but no more than two temporary teacher governors;

• (c) at least one but no more than two temporary staff governors;

• (d) at least two temporary local authority governors;

• (e) subject to sub-paragraph (g), at least two temporary community governors;

• (f) at least two temporary foundation governors (or temporary partnership governors as appropriate in respect of any school without a foundation);

• (g) at least one temporary representative governor where the proposed federation contains at least one proposed community special school to take the place of one of the community governors required by sub-paragraph (e); and

• (h) the head teacher or the head teacher designate of each proposed school, unless he or she resigns his or her governorship.

Temporary sponsor and associate pupil governors

11

A temporary governing body constituted in accordance with paragraphs 5 to 10 may, in addition—

• (a) appoint up to two temporary sponsor governors; and

• (b) appoint up to two temporary associate pupil governors.

Temporary Additional Community Governors

12

• (1) This paragraph applies to a temporary governing body constituted in accordance with paragraphs 5 to 10 for one or more of the following—

• (a) any proposed community, voluntary or foundation school which is to be a primary school; and

• (b) any proposed maintained nursery school;

which serves an area for which there are one or more community councils.

• (2) The instrument of government of a proposed school must provide for the temporary governing body to include (in addition to the governors required by virtue of paragraphs 5 to 11, as the case may be) one temporary community governor nominated by the community council.

• (3) If a proposed school serves an area for which there are two or more community councils, the temporary governing body may seek nominations from one or more of those councils.

SCHEDULE 2 — Election and appointment of parent governors

1

Subject to paragraph 2(2), in this Schedule “appropriate body” (“corff priodol”) means—

• (a) the local authority where the federated school is a community school, community special school, a voluntary controlled school or a maintained nursery school; or

• (b) the governing body of the federation where the federated school is a foundation school, foundation special school or voluntary aided school.

2

• (1) Where a local authority is the appropriate body in relation to a school, that local authority may delegate to the head teacher of the school, or to the head teacher of the federation, any of its functions under this Schedule.

• (2) The local authority is the appropriate body in relation to a school within paragraph 1(b) if the governing body of the federation and the local authority so agree.

3

Subject to paragraphs 4 to 8 the appropriate body must make all necessary arrangements for the election of parent governors.

4

The appropriate body must determine for the purposes of an election of parent governors, any question whether a person is a parent of a registered pupil at the school.

5

The duty conferred by paragraph 3—

• (a) does not include power to impose any requirement as to the minimum number of votes required to be cast for a candidate to be elected, but

• (b) does include the power to make provision as to qualifying dates.

6

Any election which is contested must be held by secret ballot.

7

• (1) The arrangements made under paragraph 3 must provide for every person who is entitled to vote to have an opportunity to do so by post.

• (2) For the purposes of sub-paragraph (1), “post” (“post”) includes delivery by hand.

• (3) The arrangements made under paragraph 3 may provide for every person who is entitled to vote to have an opportunity to do so by electronic means.

8

Where a vacancy for a parent governor arises, the appropriate body must take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school is—

• (a) informed of the vacancy and that it is required to be filled by election;

• (b) informed that he or she is entitled to stand as a candidate and vote in the election; and

• (c) given the opportunity to do so.

9

The number of parent governors required must be made up of parent governors appointed by the governing body if one or more vacancies for parent governors arises and either–

• (a) the number of parents standing for election is less than the number of vacancies;

• (b) at least 50 per cent of the registered pupils at the school are boarders and it would, in the opinion of the appropriate body, be impractical for there to be an election of parent governors; or

• (c) in the case of a school which is a community special school or foundation special school established in a hospital, it would, in the opinion of the appropriate body, be impractical for there to be an election of parent governors.

10

• (1) Except where paragraph 11 applies, in appointing a parent governor to represent a federated school, the governing body of a federation must appoint—

• (a) a parent of a registered pupil at the school;

• (b) a parent of a registered pupil at another school within the federation; or

• (c) a parent of a child of compulsory school age, or in the case of a maintained nursery school, of or under compulsory school age.

• (2) The governing body must only appoint a person referred to in sub-paragraph (1)(b) or (c) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.

11

• (1) Where the school is a community special school or a foundation special school, in appointing a parent governor the governing body of a federation must appoint—

• (a) a parent of a registered pupil at the school;

• (b) a parent of a child of compulsory school age with special educational needs;

• (c) a parent of a person of any age with special educational needs; or

• (d) a parent of a child of compulsory school age.

• (2) The governing body of a federation must only appoint a person referred to in sub-paragraph (1)(b), (c) or (d) if it is not reasonably practicable to appoint a person referred to in the sub-paragraph which immediately precedes it.

SCHEDULE 3 — Election of teacher and staff governors

1

Subject to paragraphs 2 to 4, the governing body of the federation must make all necessary arrangements for the election of teacher and staff governors.

2

The governing body of the federation is to determine for the purposes of an election of teacher and staff governors whether a person is a school teacher or otherwise employed to work at the school.

3

The duty conferred by paragraph 1—

• (a) does not include power to impose any requirements as to the minimum number of votes required to be cast for a candidate to be elected; but

• (b) includes the power to make provision as to qualifying dates.

4

Any election which is contested must be held by secret ballot.

SCHEDULE 4 — Appointment of partnership governors

1

Where a partnership governor is required, the governing body of a federation—

• (a) must seek nominations from parents of registered pupils at schools in the federation which have no foundation, and from such other persons in the community served by the federation as they consider appropriate; and

• (b) may seek nominations from parents of registered pupils at other schools in the federation as they consider appropriate.

2

No person may nominate for appointment, or appoint, a person as a partnership governor unless that person would be eligible for appointment by the governing body of the federation as a community governor.

3

• (1) In the case of a foundation special school without a foundation, the governing body of the federation must appoint at least one person with experience of education for children with special education needs as a partnership governor, unless no eligible nominee has such experience.

• (2) In seeking nominations for partnership governors for foundation special schools, the governing body of a federation must take steps to secure that persons making nominations are aware of the requirement in paragraph (1).

4

Subject to paragraph 5(2), no governor may nominate a person for appointment as a partnership governor.

5

• (1) The governing body must appoint such number of partnership governors as is required by the instrument of government from among eligible nominees.

• (2) If the number of eligible nominees is less than the number of vacancies, the number of partnership governors required may be made up by persons selected by the governing body of the federation.

6

• (1) Where the governing body of a federation makes an appointment under paragraph 5(2), having rejected any person nominated under paragraph 1, it must give written reasons for its decision to the local authority and to the person rejected.

• (2) Where the federation includes schools maintained by more than one local authority, the reference in sub-paragraph (1) to the local authority is to be taken as a reference to each local authority.

7

The governing body of a federation must make all necessary arrangements for and determine all other matters relating to the nomination and appointment of partnership governors.

SCHEDULE 5 — Appointment of sponsor governors

1

In this Schedule, “sponsor” (“noddwr”) in relation to a federation means —

• (a) a person who gives or has given substantial financial assistance (which for these purposes includes benefits in kind) to the federation or to a federated school other than pursuant to statutory obligation; or

• (b) any other person (not being otherwise represented on the governing body of a federation) who provides or has provided substantial services to the federation or to federated school.

2

Where the federation has one or more sponsors, the governing body of the federation may determine that the instrument of government is to provide for the governing body of the federation to appoint such number of sponsor governors, not exceeding two, nominated in accordance with paragraph 3.

3

The governing body of a federation must seek nominations for such appointments from the federation’s or a federated school’s sponsor or (as the case may be) from one or more of the federation’s or federated school’s sponsors.

SCHEDULE 6 — Appointment of representative governors

1

• (1) In relation to a community special school established in a hospital, the local authority must designate as the appropriate body—

• (a) one local health board or more than one board to act jointly; or

• (b) the National Health Service trust;

with which the school is most closely associated and the appropriate body must appoint a representative governor to take the place of one of the number of community governors appointed in accordance with regulation 22, 26 or 27 (as the case may be).

• (2) For the purposes of this Schedule “National Health Service trust” (“ymddiriedolaeth Gwasanaeth Iechyd Gwladol”) means a body established by the Welsh Ministers under section 18 of the National Health Service (Wales) Act 2006[^f00049].

2

Where a community special school is not established in a hospital—

• (a) the local authority may designate one voluntary organisation or more than one such organisation to act jointly as the appropriate voluntary organisation concerned with matters in respect of which the school is specially organised; and

• (b) where an appropriate voluntary organisation is so designated, it must appoint the representative governor to take the place of one of the number of community governors appointed in accordance with regulation 22, 26 or 27 (as the case may be).

SCHEDULE 7 — Qualifications and disqualifications

General

1

Save in the case of associate pupil governors no person is qualified to be a governor unless he or she is aged 18 or over at the date of his or her election or appointment.

2

No person may at any time hold the office of more than one governor of the same school.

3

Save as otherwise provided in these Regulations, the fact that a person is qualified to be elected or appointed as a governor of a particular category at a federation does not disqualify him or her from election or appointment or from continuing as a governor of any other category at that federation.

Mental disorder

4

A person is disqualified from holding or for continuing to hold office as a governor of a federation at any time when he or she is liable to be detained under the Mental Health Act 1983[^f00050] or under any re-enactment or statutory modification of that Act in force from time to time.

Failure to attend meetings

5

• (1) This paragraph applies to any governor who is not a governor by virtue of his or her office.

• (2) A governor, who, without the consent of the governing body, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of the first such meeting he or she failed to attend, is, on the expiry of that period, disqualified from continuing to hold office as a governor of that federation.

• (3) Where a governor has sent an apology to the clerk to the governing body before a meeting which he or she does not propose to attend, the minutes of the meeting must record the governing body’s consent or otherwise to the absence and a copy of the minutes must be sent to the governor concerned at his or her normal place of residence.

• (4) A governor who has been disqualified as a governor of a federation under sub-paragraph (2) is not qualified for election, nomination or appointment as a governor of any category at that federation during the twelve months immediately following his or her disqualification under sub-paragraph (2).

Bankruptcy

6

A person is disqualified from holding or continuing to hold office as a governor of a federation if—

• (a) he or she has been adjudged bankrupt or sequestration of his or her estate has been awarded and (in either case) he or she has not been discharged and the bankruptcy order has not been annulled or rescinded or a moratorium period under a debt relief order applies in relation to him or her; or

• (b) he or she has made a composition or arrangement with, or granted a trust deed for, his or her creditors and has not been discharged in respect of it.

Disqualification of company directors

7

A person is disqualified from holding or from continuing to hold office as a governor of a federation at any time when he or she is subject to—

• (a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986[^f00051];

• (b) a disqualification order under Part 2 of the Companies (Northern Ireland) Order 1989[^f00052];

• (c) a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002[^f00053]; or

• (d) an order made under section 429(2)(b) of the Insolvency Act 1986[^f00054] (failure to pay under county court administration order).

Disqualification of charity trustees

8

A person is disqualified from holding or from continuing to hold office as a governor of a federation if—

• (a) he or she has been removed from the office of trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he or she was responsible or to which he or she was privy, or to which he or she contributed or which he or she facilitated by his or her conduct; or

• (b) he or she has been removed, under section 34 of the Charities and Trustee Investment (Scotland) Act 2005[^f00055] (powers of Court of Session to deal with management of charities), from being concerned in the management or control of any body.

Persons whose employment is prohibited or restricted

9

A person is disqualified from holding or from continuing to hold office as a governor of a federation at any time when he or she is—

• (a) included in the list of teachers and workers with children or young persons whose employment is prohibited or restricted under section 1 of the Protection of Children Act 1999[^f00056];

• (b) subject to a direction of the Welsh Ministers or the Secretary of State under section 142 of the 2002 Act;

• (c) disqualified from working with children under sections 28, 29 or 29A of the Criminal Justice and Court Services Act 2000[^f00057];

• (d) disqualified from registration under Part XA of the Children Act 1989[^f00058] for childminding or providing day care;

• (e) disqualified from registration under Part 3 of the Childcare Act 2006[^f00059];

• (f) barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006[^f00060]);

• (g) subject to a direction by the appropriate authority under section 167A of the 2002 Act[^f00061]; or

• (h) by virtue of an order made under section 470 or section 471 of the 1996 Act, disqualified from being the proprietor of any independent school or from being a teacher or other employee in any school.

Criminal convictions

10

• (1) Subject to sub-paragraph (5), a person is disqualified from holding, or continuing to hold, office as a governor of a federation where any of sub-paragraphs (2) to (4) or (6) apply to him or her.

• (2) This sub-paragraph applies to a person if–

• (a) within the period of five years ending with the date immediately preceding the date on which his or her appointment or election as governor would otherwise have taken effect or, as the case may be, on which he or she would otherwise have become a governor by virtue of his or her office; or

• (b) since his or her appointment or election as governor or, as the case may be, since he or she became a governor by virtue of his or her office;

he or she has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him or her a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine.

• (3) This sub-paragraph applies to a person if within the period of 20 years ending with the date immediately preceding the date on which his or her appointment or election as governor would otherwise have taken effect or, as the case may be, on which he or she would otherwise have become a governor by virtue of his or her office, he or she has been convicted as aforesaid of any offence and has had passed on him or her a sentence of imprisonment for a period of not less than two and a half years.

• (4) This sub-paragraph applies to a person if he or she has at any time been convicted as aforesaid of any offence and he or she has had passed on him or her a sentence of imprisonment for a period of not less than five years.

• (5) For the purposes of sub-paragraphs (2) to (4), any conviction by or before a court outside the United Kingdom of an offence which, if the facts giving rise to the offence had taken place in any part of the United Kingdom, would not have constituted an offence in that part of the United Kingdom under the law in force at the time the facts given rise to the offence had taken place, must be disregarded.

• (6) This sub-paragraph applies to a person if–

• (a) within the period of five years ending with the date immediately preceding the date on which his or her appointment or election as governor would otherwise have taken effect or, as the case may be, on which he or she would otherwise have become a governor by virtue of his or her office; or

• (b) since his or her appointment or election as governor or, as the case may be, since he or she became a governor by virtue of his or her office;

he or she has been convicted under section 547 of the 1996 Act[^f00062] (nuisance or disturbance on school premises) or under section 85A of the Further and Higher Education Act 1992[^f00063] (nuisance and disturbance on educational premises) of an offence and has been sentenced to a fine.

Governors of more than two schools

11

• (1) Save in the case of associate pupil governors no person may at any time hold office as governor in more than two federations.

• (2) For the purposes of sub-paragraph (1) no account is to be taken of ex officio governorships, governorships to which the New Maintained Schools Regulations apply or any appointment under sections 16, 16A, 18 or 18A of the 1998 Act.

Refusal to make an application for a criminal records certificate

12

A person is disqualified from holding or continuing to hold office as a governor at any time when he or she refuses a request by the governing body to make an application under section 113B of the Police Act 1997[^f00064] for a criminal records certificate.

Notification to clerk

13

Where—

• (a) by virtue of any paragraphs 6 to 11 a person is disqualified from holding, or for continuing to hold, office as a governor of a federation; and

• (b) he or she is, or is proposed to become, a governor;

he or she must give notice of that fact to the clerk to the governing body.

SCHEDULE 8 — Modification of the Staffing Regulations

1

In regulation 3, after paragraph (7) insert the following paragraph—

(8) In these Regulations — (a) any reference to the head teacher or deputy head teacher of a school is to be construed as a reference to the head teacher or deputy head teacher of a federation or of a federated school; and (b) where reference is made to the authority and a federation includes schools maintained by more than one authority, the reference is to be taken as a reference to each.

2

In regulation 4, for paragraph (1) substitute–

(1) A governing body and an authority must exercise their respective functions under these Regulations and any other enactment with a view to ensuring that there is employed, or engaged otherwise than under contracts of employment, a staff suitable and sufficient in numbers for the purpose of securing the provision of education appropriate to the ages, abilities, aptitudes and needs of the pupils having regard to any arrangements for the utilisation of the services of staff employed or engaged otherwise than at the federation or federated school in question.

3

In regulation 6(1)(a), after “sending a copy to the” insert “relevant”.

4

In regulations 7(1), (2)(a) to (c) and (4)(c), 24A(2) and (5), 27(1) and (3), 29(1) and (4), and 32(1) for “school” in each place it occurs substitute “federation or federated school”.

5

In regulation 7(3) for “school’s staff” substitute “federation or federated school staff”.

6

In regulation 7(4)(a) for “school” substitute “federation”.

7

In regulation 7(4)(b) and (d) for “school” substitute “federated school”.

8

In regulations 9 and 20 after “This Part applies to” insert “federated schools which are”.

9

In regulations 9A(3), 9B and 20A(3), for “school” in each place it occurs substitute “federation or a federated school”.

10

In regulation 10(11) for “work at the school” substitute “work at the federation or a federated school”.

11

In regulations 12(1), 12(4), 12(9)b), 12(15), 15A(1), (2) and (5), 17(1) to (3), (8) and (11), 26(1), (5), (10)(b) and (15) for “school” in each place it occurs substitute “federation or federated school”.

12

In regulations 15A(4), 18(3) and 24A(4) for “work at the school” in each place it occurs substitute “work at the federation or a federated school”.

13

In regulation 16 for paragraph (1) substitute—

(1) Subject to regulation 18— (a) both the governing body and the head teacher of the federation have the power to suspend any person employed, or engaged otherwise than under a contract of employment, to work at the federation; and (b) both the governing body and the head teacher of a federated school have the power to suspend any person employed to work, or engaged otherwise than under a contract of employment, at that federated school, where, in the opinion of the governing body or (as the case may be) the head teacher, his or her suspension is required.

14

In regulation 17(4) for “school's” substitute “federated school's”.

15

In regulation 18(1) for “work at a school” substitute “work at a federation or a federated school”.

16

In regulation 18(3) for “school” in the first place it occurs substitute “federated school”.

17

In regulations 18A and 26A for “school” substitute “federation or federated school”.

18

In regulation 19(1) after “applies to a” insert “federated”.

19

In regulation 19(2)(a) after “teachers at the” insert “federated”.

20

In regulation 19(4) after “apply to a” insert “federated”.

21

In regulation 23(1) after “foundation school” insert “which is a federated school and”.

22

In regulation 23(5) for “school” substitute “federated school”.

23

In regulation 24, after paragraph (8) insert—

(8A) The foundation governors appointed in respect of a particular federated voluntary aided school must agree any recommendation at paragraph (8)(c) in respect of the head teacher of that school.

24

In regulation 24A for paragraph (1) substitute—

(1) No person supplied by an employment business to a federation or federated school may begin work as a teacher or member of support staff at the federation or federated school unless the governing body have received— (a) written notification from the employment business in relation to that person– (i) that the checks referred to in regulation 15A(6) have been made; (ii) that an application for an enhanced criminal record certificate accompanied by a children’s suitability statement has been made, or such a certificate has been obtained in response to an application by that or another employment business; and (iii) whether, if the employment business has obtained such a certificate before the person is due to begin work at the federation or federated school, it disclosed any matter or information, or any information was supplied to the employment business in accordance with section 113B(6) of the Police Act 1997; and (b) where the employment business has obtained an enhanced criminal record certificate before the person is due to begin work at the federation or federated school, and it discloses any matter or information, or any information was provided to the employment business in accordance with section 113B(6) of the Police Act 1997, a copy of the certificate.

25

In regulation 28 for paragraph (1) substitute—

(1) Both the governing body and the head teacher— (a) of the federation have the power to suspend any person employed, or engaged otherwise than under a contract of employment, to work at the federation; and (b) of a federated school have the power to suspend any person employed to work, or engaged otherwise than under a contract of employment, at that federated school, where, in the opinion of the governing body or (as the case may be) the head teacher, his or her suspension is required.

26

In regulation 32, for paragraph (2) substitute—

(2) Regulations 16 and 17 apply in relation to the suspension, dismissal or withdrawal from the federation or federated school of any member of the staff who is employed by the authority as they apply in relation to the suspension, dismissal or withdrawal from a federation or federated school to which Part 2 of these Regulations applies of a person who is employed to work at the federation or federated school.

27

In regulation 32(3) for “the school” substitute “a federated school” and for “as if it were a school” substitute “as if it were a federated school”.

28

In regulations 33(1) and 34(1) after “voluntary aided school” insert “which is a federated school”.

29

In regulation 35, after “school” insert “which is to be a federated school”.

SCHEDULE 9 — Modification of the School Councils Regulations

1

In regulation 2 in the definition of “school” for “maintained school” substitute “maintained school which is a federated school” and for “maintained nursery school” substitute “maintained nursery school which is a federated school”.

2

In regulation 2 in the definition of “infant school” for “maintained school” substitute “maintained school which is a federated school”.

3

In regulation 2 in the definition of “special educational needs resource base” after “school” insert “which is a federated school”.

4

In regulation 3 for paragraph (1) substitute—

(1) The governing body of a federation must establish a school council, the purpose of which is to enable pupils to discuss matters relating to their school, their education and any other matters of concern or interest and to make representations on these to the governing body and the head teacher of the federation or a federated school.

5

In regulation 3(2) for “head teacher of a school” substitute “head teacher of the federation or a federated school”.

6

In regulation 3(3) for “head teacher of a school” substitute “head teacher of the federation or a federated school”.

7

In regulation 3(4) for “head teacher of a school” substitute “head teacher of the federation or a federated school”.

8

In regulation 4(2) for “head teacher” substitute “head teacher of the federation or a federated school”.

9

In regulation 4(4) for “head teacher of any school” substitute “head teacher of the federation or a federated school”.

10

In regulation 5 after “foundation special schools” insert “which are federated schools”.

11

For regulation 7 substitute—

(1) The head teacher of the federation or of a federated school must ensure that the school council has the opportunity to nominate up to two pupils from years 11 to 13 (inclusive) from its membership to be associate pupil governors on the governing body. (2) The governing body of a federation must accept any pupil nominated in accordance with paragraph (1), and appoint him or her as an associate pupil governor on the governing body of the federation, provided the pupil is not disqualified from membership in accordance with Schedule 10 to the Federation of Maintained Schools (Wales) Regulations 2009.

SCHEDULE 10 — Restrictions on persons taking part in proceedings of the governing body or its committees

Pecuniary interests

1

• (1) For the purposes of regulation 72(2), a pecuniary interest in a contract, proposed contract or other matter includes a case where—

• (a) a relevant person was nominated or appointed to office by a person with whom the contract was made or is proposed to be made; or

• (b) a relevant person is a business partner of a person with whom the contract was made or is proposed to be made; or

• (c) a relative of a relevant person (including his or her spouse, civil partner within the meaning of the Civil Partnership Act 2004[^f00065] or someone living with that person as if he or she were that person’s spouse or civil partner) to the knowledge of that person has, or would be treated as having, such an interest.

• (2) For the purposes of regulation 72(2) a relevant person is not to be treated as having a pecuniary interest in any matter—

• (a) provided his or her interest in the matter is no greater than the interest of the generality of those paid to work at the federation or a federated school;

• (b) by reason only of the fact that he or she was nominated or appointed to office by, is a member of, or is employed by, any public body; or

• (c) by reason only of the fact that he or she is a member of a corporation or other body if he or she has no financial interest in any securities of that corporation or other body.

• (3) A governor is not, by reason of his or her pecuniary interest in the matter, prevented from considering and voting upon proposals for the governing body to take out insurance protecting members against liabilities incurred by them arising out of their office and the governing body shall not, by reason of the pecuniary interest of its members, be prevented from obtaining such insurance and paying the premiums.

• (4) A governor is not prevented from considering or voting upon any proposal regarding allowances to be paid in accordance with the Governor Allowances (Wales) Regulations 2005[^f00066] by reason that he or she has an interest in the payment of such allowances to members of the governing body generally but a member of a governing body or any committee thereof must withdraw from a meeting during a consideration or discussion of, and must not vote on, whether he or she should receive a particular allowance, the amount of any payment or any question about an allowance that has been paid to him or her.

Office of governor, chair, vice-chair or clerk

2

• (1) This sub-paragraph applies where a relevant person is present at a meeting of the federation or federated school at which a subject of consideration is—

• (a) his or her own appointment, reappointment, suspension or removal as a member of the governing body or a committee;

• (b) his or her own appointment or removal from office as clerk to, or chair or vice-chair of, the governing body or clerk to or chair of a committee;

• (c) if he or she is a sponsor governor, any determination under paragraph 2 of Schedule 5 as to the provision in the instrument of government for sponsor governors.

• (2) In any case where sub-paragraph (1) applies, the relevant person’s interests are to be treated for the purposes of regulation 72(2) as being in conflict with the governing body’s interests.

Pay or appraisal of persons working at the school

3

• (1) This sub-paragraph applies where a relevant person who is paid to work at a federation or federated school other than as head teacher is present at a meeting of the federation or federated school at which a subject of consideration is the pay or performance appraisal of any particular person employed to work at the federation or a federated school.

• (2) This sub-paragraph applies where a head teacher of a federation or a federated school is present at a meeting of the federation or a federated school at which a subject of consideration is his or her own pay or performance appraisal.

• (3) In any case where sub-paragraph (1) or (2) applies, the relevant person’s interests are to be treated for the purpose of regulation 72(2) as being in conflict with the governing body’s interests.

Appointment of staff

4

Where a relevant person who is employed to work at a federation or a federated school is present at a meeting of the federation or a federated school at which a subject of consideration is the appointment of a successor to that person, he or she must withdraw from the meeting during the consideration or discussion of the matter in question and must not vote on any question with respect to that matter.

Persons who are members of more than one governing body

5

The fact that a person is a governor or a member of a committee of the governing body at more than one federation is not under any circumstances to be considered a conflict of interest for the purpose of these Regulations.

Signed

Leighton Andrews — Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers — 7 March 2010

Explanatory note

(This note is not part of the Regulations)

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)).

Footnotes

[^f00001]: 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).

[^f00002]: 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).

[^f00003]: 1996 c. 56.

[^f00004]: 1998 c. 31.

[^f00005]: S.I. 2005/2914 (W.211) as amended by the School Councils (Wales) Regulations 2005 (S.I.2005/3200 (W.236)); and by the Staffing of Maintained Schools (Wales) Regulations 2006 (S.I. 2006/873 (W.81)) and by the Staffing of Maintained Schools (Miscellaneous Amendments) (Wales) Regulations 2007 (S.I. 2007/944 (W.80)), and by the Education (Miscellaneous Amendments relating to Safeguarding Children) (Wales) Regulations 2009 (S.I. 2009/2544 (W.206)).

[^f00006]: S.I. 2005/2912 (W.209).

[^f00007]: S.I. 2005/3200 (W.236).

[^f00008]: S.I. 2006/873 (W.81) as amended by the Staffing of Maintained Schools (Miscellaneous Amendments) (Wales) Regulations 2007 (S.I. 2007/944 (W.80)) and by the Staffing of Maintained Schools (Amendment) (Wales) Regulations 2009 (S.I. 2009/2708 (W.226)) and by the Staffing of Maintained Schools (Amendment No. 2) (Wales) Regulations 2009 (S.I. 2009/3161 (W.275)).

[^f00009]: 1971 c. 80.

[^f00010]: 1988 c. 40.

[^f00011]: As designated by Order of the Welsh Ministers under section 69(3) of the 1998 Act.

[^f00012]: Within the meaning of section 20 of, and Schedule 2 to, the 1998 Act and section 39(1) of the 2002 Act.

[^f00013]: Within the meaning of section 20 of, and Schedule 2 to, the 1998 Act.

[^f00014]: Within the meaning of section 20 of, and Schedule 2 to, the 1998 Act.

[^f00015]: Within the meaning of section 20 of , and Schedule 2 to, the 1998 Act.

[^f00016]: Amended by section 56 of, and Schedule 5 and Schedule 21 to, the 2002 Act and by section 61 of, and Schedule 9 to, the Education Act 2005 (c. 18). Further amended by sections 71 and 184 of, and Part 2 of Schedule 7 and Part 4 of Schedule 18 to, the Education and Inspections Act 2006 (c. 40).

[^f00017]: Inserted by section 57 of the 2002 Act. Amended by section 61 of, and Schedule 9 to, the Education Act 2005 (c. 18). Further amended by sections 71 and 184 of, and Part 2 of Schedule 7 and Part 4 of Schedule 18 to, the Education and Inspections Act 2006 (c. 40).

[^f00018]: Amended by section 56 and section 215 of, and Schedule 21 to, the 2002 Act and by section 61 of, and Schedule 9 to, the Education Act 2005 (c. 18). Further amended by sections 71 and 184 of, and Part 2 of Schedule 7 and Part 4 of Schedule 18 to, the Education and Inspections Act 2006 (c. 40).

[^f00019]: Inserted by section 58 of the 2002 Act. Amended by section 6 of, and Schedule 9 to, the Education Act 2005 (c. 18). Further amended by section 71 of, and Schedule 7 to, the Education and Inspections Act 2006 (c. 40).

[^f00020]: 1993 c. 10.

[^f00021]: Amended by section 56 of and section 215 of, and Schedule 21 to, the 2002 Act. Further amended by section 61 of, and Schedule 9 to, the Education Act 2005 (c. 18); and further amended by sections 7 and 184 of, and Part 2 of Schedule 7 and Part 4 of Schedule 18 to, the Education and Inspections Act 2006 (c. 40).

[^f00022]: See section 39(2) of the 2002 Act.

[^f00023]: Subsection (3) was amended by section 149 of, and Schedule 9 to, the Learning and Skills Act 2000 (c. 21) and by the National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238 (W.243)). Subsection (9) was substituted by section 30 of, and Schedule 3 to, the Education and Inspections Act 2006 (c. 40).

[^f00024]: See section 20(1) of the 2002 Act and regulation 31.

[^f00025]: S.I. 1998/2535, as amended in relation to Wales by the Education (New Schools) (Wales) Regulations 1999 (S.I.1999/2243 (W.3)) and by the New Maintained Schools (Wales) Regulations 2005 (S.I. 2005/2912 (W.209)).

[^f00026]: S.I. 2000/3027 (W.195) as amended by the School Government (Terms of Reference) (Amendment) (Wales) Regulations 2002 (S.I. 2002/1396 (W.138)) and by the Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 (S.I. 2005/2913 (W.210)).

[^f00027]: Amended by section 154 of, and by Schedule 21 to, the 2002 Act. Further amended by sections 64 and 123 of, and Part 2 of Schedule 19 to, the Education Act 2005 (c. 18); and by sections 30 and 184 of, and Schedule 3 to, the Education and Inspections Act 2006 (c. 40).

[^f00028]: Amended by sections 30 and 184 of, and Schedule 3 to, the Education and Inspections Act 2006 (c. 40).

[^f00029]: Amended by section 149 of, and Schedule 9 to, the Learning and Skills Act 2000 (c. 21); and by the National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238 (W.243)); and by section 30 of, and Schedule 3 to, the Education and Inspections Act 2006 (c. 40).

[^f00030]: Amended by sections 30 and 184 of, and Schedule 3 to, the Education and Inspections Act 2006 (c. 40).

[^f00031]: Amended by section 40 of, and Schedule 5 to, the 2002 Act; and by section 57 of, and Schedule 5 to, the Education and Inspections Act 2006 (c. 40).

[^f00032]: Amended by section 43(1) of the Education and Inspections Act 2006 (c. 40).

[^f00033]: Amended by paragraph 5 of Schedule 4 to the 2002 Act; and by sections 41, 45, 46(1), and 184 of, and by Part 6 of Schedule 18 to the Education and Inspections Act 2006 (c. 40). Subsection (1A) was inserted by section 106 of the Education Act 2005 (c. 18). Section 89 was further amended by paragraphs 53 and 57 of Part 2 of Schedule 1 to the Education and Skills Act 2008 (c. 25).

[^f00034]: Inserted by section 47(2) of the 2002 Act. Further amended by paragraphs 53 and 58 of Part 2 of Schedule 1 to the Education and Skills Act 2008.

[^f00035]: Substituted by sections 41 and 47 of the Education and Inspections Act 2006 (c. 40). Further amended by paragraphs 53 and 62 of Part 2 of Schedule 1 to the Education and Skills Act 2008.

[^f00036]: Sub-paragraph (1)(b) was substituted by section 41(1) and (8)(a) of the Education and Inspections Act 2006 (c. 40).

[^f00037]: Amended by sections 41, 43(4), 50 and 51 of, and paragraph 8 of Schedule 4 to, the 2002 Act; and by section 51(1) of the Education and Inspections Act 2006 (c. 40). Further amended by section 152 of the Education and Skills Act 2008.

[^f00038]: Amended by section 53 of, and Part 3 of Schedule 21 to, the 2002 Act.

[^f00039]: Amended by section 49 of the Education and Inspections Act 2006 (c. 40).

[^f00040]: See the Education (Pupil Exclusions and Appeals) (Maintained Schools) (Wales) Regulations 2003 (S.I. 2003/3227 (W.308)) as amended by the Education (Pupil Exclusions and Appeals) (Wales) (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/1805 (W.193)).

[^f00041]: Subsection (1) was amended by section 40 of, and Schedule 3 to, the 2002 Act. Subsection (4)(za) was inserted by section 40 of, and Schedule 3 to, the 2002 Act. Subsection (5) was amended by paragraph 10 of Schedule 21 to the 2002 Act. Subsection (1) was further amended by section 117 of, and Schedule 18 to, the Education Act 2005 (c. 18).

[^f00042]: As modified by regulation 75 of these Regulations.

[^f00043]: 1988 c. 40.

[^f00044]: As modified by regulation 75 of these Regulations.

[^f00045]: 1988 c. 40.

[^f00046]: 1989 c. 41.

[^f00047]: 2006 c. 21.

[^f00048]: 2001 (S.I. 2001/2709 (W.228)).

[^f00050]: 1983 c. 20.

[^f00051]: 1986 c. 46.

[^f00052]: No. 2404 (N.I.18).

[^f00053]: No. 3150 (N.I. 4).

[^f00054]: 1986 c. 45.

[^f00055]: 2005 asp 10.

[^f00056]: 1999 c. 14; as amended by the Care Standards Act 2000 (c. 14).

[^f00057]: 2000 c. 43.

[^f00058]: 1989 c. 41.

[^f00059]: 2006 c. 21.

[^f00060]: 2006 c. 47.

[^f00061]: Section 167A was inserted by section 169 of the Education and Inspections Act 2006 (c. 40), but it is not yet in force.

[^f00062]: As amended by paragraph 163 of Schedule 30 to the 1998 Act and by section 206 of, and Schedule 20, to the 2002 Act and by section 6 of, and Schedule 1 to, the Education and Inspections Act 2006 (c. 40).

[^f00063]: 1992 c. 13; inserted by section 206 of and Schedule 20 to the 2002 Act.

[^f00064]: 1997 (c. 50); inserted by section 163 of the Serious Organised Crime and Police Act 2005 (c. 15). Subsections (2A) and (12) were inserted, and subsection (6) was amended, by the Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203). Paragraph (a) of subsection (10) was substituted for paragraph (a) and (b) as originally enacted by paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c. 52).

[^f00065]: 2004 c. 33.

[^f00066]: S.I. 2005/2915 (W.212).