Legalize / United Kingdom / Wales / Welsh-Statutory-Instrument

The Federation of Maintained Schools (Wales) Regulations 2014

Type Welsh-Statutory-Instrument

Publication 2014-04-29

Last updated 2022-02-04

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(a) where a federated school is a community, voluntary controlled or community special school, the initial determination under regulation 17(1) of the Staffing Regulations (as modified by Schedule 8) that any person employed by the local authority to work at the federation or federated school should cease to work there;

(b) where a federated school is a foundation or voluntary aided school, the initial decision under regulation 29(1) of the Staffing Regulations (as modified by Schedule 8) that a person employed to work at the federation or federated school should have that person’s contract of employment with the governing body terminated or should not have that person’s contract renewed (except where the dismissal is pursuant to a direction of the local authority under paragraph 7 of Part 2 of Schedule 2 to the 2002 Act); and

(2) The hearing of any appeal in respect of a decision that must be delegated under paragraph (1) must be delegated to a committee, known as the disciplinary and dismissal appeals committee.

(3) The staff disciplinary and dismissal committee must include not less than three governors, but where allegations are made against a member of staff that involve issues of child protection the committee must include not less than two governors and an independent person who is not a governor.

(4) The disciplinary and dismissal appeals committee must include no fewer governors than the staff disciplinary and dismissal committee whose decision is subject to appeal and where allegations are made against a member of staff that involve issues of child protection the committee must include an independent person who was not involved in the staff disciplinary and dismissal committee’s decision.

(5) For the purposes of paragraphs (3) and (4) a person is to be regarded as independent in the following circumstances—

(a) where the person is not a governor of the federation or a federated school;

(b) where the person is not a parent of a current or former pupil at the federated school;

(d) where the person is not currently employed by the local authority that maintains the federated school in question.

(6) The quorum for a meeting of the staff disciplinary and dismissal committee and the disciplinary and dismissal appeals committee and any vote on any matter at the committees is the same as the minimum requirements for the composition of those committees specified in this regulation.

(7) Where a disciplinary and dismissal appeals committee is considering an appeal against a decision of the staff disciplinary and dismissal committee, no member of the staff disciplinary and dismissal committee whose decision is subject to appeal may take part in the proceedings of the disciplinary and dismissal appeals committee.

(8) Neither the head teacher of the federation or a federated school nor an associate pupil governor may be a member of the staff disciplinary and dismissal committee or the disciplinary and dismissal appeal committee.

(9) No member of the staff disciplinary and dismissal committee or the disciplinary and dismissal appeals committee who is not a governor is entitled to vote in any proceedings of the committee in question, save for the independent member of each committee appointed in accordance with paragraph (3) or (4).

Pupil discipline and exclusions committee

68

(1) The governing body of a federation must establish a committee, to be known as the pupil discipline and exclusions committee, to discharge the functions conferred on it by or under regulations made under section 52(3) and (4) of the 2002 Act (exclusion of pupils)[^f00037].

(2) The pupil discipline and exclusions committee must consist of either three or five governors, but must not include the head teacher of the federation or a federated school or any associate pupil governor.

(3) The quorum for a meeting of the pupil discipline and exclusions committee and any vote on any matter before the committee is three members of the committee.

(4) The chair of the pupil discipline and exclusions committee may exercise any function conferred on the governing body by or under regulations made under section 52(3) and (4) of the 2002 Act (exclusion of pupils) in a case where—

(a) a pupil has been excluded for a fixed period in circumstances in which that pupil would, as a result of the exclusion, lose an opportunity to take any public examination; and

(b) it appears to the chair that it would not be practical for a quorate meeting of the committee to take place for any purpose referred to in such regulations before the time when the pupil would be due to take that examination.

Admissions committee

69

(1) Where the governing body of a federation is the admissions authority for a federated school it must establish a committee, to be known as the admissions committee, to exercise its powers to determine whether any child should be admitted to the federated school.

(2) A committee established under paragraph (1) must consist of—

(a) the head teacher or the acting head teacher of the federation; or

(b) (if there is no head teacher or acting head teacher of the federation) the head teacher or the acting head teacher of the federated school; and

(3) The quorum for the admissions committee and any vote on any matter at the committee is the same as the minimum requirement for the composition of the committee specified in this regulation.

Clerks to committees

70

(1) The governing body must appoint a clerk to each committee established in accordance with regulations 67 to 69 and may appoint a clerk to any other committee established by it.

(2) Neither the head teacher of the federation or of a federated school nor an associate pupil governor may be appointed as a clerk under paragraph (1).

(3) Notwithstanding paragraph (1), the committee may, if the clerk fails to attend a meeting of theirs, appoint any one of their number (who is not the head teacher of the federation or of a federated school) to act as clerk for the purposes of that meeting.

(4) The governing body may remove any clerk appointed to any of their committees from office at any time.

(5) A clerk appointed to a committee of the governing body must—

(a) convene meetings of the committee;

(b) attend meetings of the committee and ensure that minutes of the proceedings are drawn up; and

(c) perform such other functions with respect to that committee as may be determined by the governing body from time to time.

Right of persons to attend meetings of committees

71

(1) Subject to paragraphs (2) and (3) and Schedule 10 to these Regulations the following persons are entitled to attend any meeting of a committee—

(a) any member of the committee, provided that person is not a governor who has been suspended in accordance with regulation 61;

(b) the head teacher of the federation or (if there is no head teacher of the federation) of a federated school (whether or not that person is a member of the committee);

(d) such other persons as the governing body or the committee may determine.

(2) A committee may exclude a member who is not a governor from any part of its meeting which that person is otherwise entitled to attend when the business under consideration concerns an individual member of staff or pupil.

(3) Paragraph (1)(b) does not apply in relation to the committees referred to in regulations 67 and 68 or in relation to any committee or selection panel exercising any function under the Staffing Regulations (as modified by Schedule 8).

Meetings of committees

72

(1) Subject to paragraph (2) meetings of a committee must be convened by the clerk to that committee who, when exercising this function, must comply with any direction given by—

(a) the governing body;

(b) the chair of that committee, so far as such direction is not inconsistent with any direction given under sub-paragraph (a).

(2) Where a clerk has not been appointed, committee meetings must be convened by the chair who, when exercising this function, must comply with any direction given by the governing body.

(3) Subject to any direction given in accordance with paragraphs (1) or (2), at least five clear working days in advance the clerk must give to each member of the committee and to the head teacher of the federation or of a federated school (whether or not that person is a member of the committee)—

(a) written notice of the meeting;

(b) a copy of the agenda for the meeting; and

but where the chair of the committee so determines on the ground that there are matters demanding urgent consideration, it is sufficient if the written notice of the meeting states that fact and the notice, agenda and reports or other papers to be considered at the meeting are given within such shorter period as that person directs or decides (as the case may be).

(3A) Committee meetings may be held by remote access provided that the following conditions are met—

(a) the participants will be able to fully make representations or discharge their functions (as the case may be);

(b) the participants agree to the meeting being held using remote access;

(c) each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the meeting; and

(d) the meeting is capable of being held fairly and transparently.

(4) The proceedings of a committee are not invalidated by—

(a) any vacancy among their number; or

(b) any defect in the appointment of any member of the committee.

(5) Subject to regulations 67(6), 68(3) and 69(4), the quorum for a meeting of a committee and for any vote on any matter at such a meeting is one half (rounded up to a whole number) of the membership of the committee excluding any vacancies and any associate pupil governors.

(6) Subject to paragraph (8) no vote on any matter may be taken at a meeting of a committee unless the majority of members of the committee present are governors excluding associate pupil governors.

(7) Every question to be decided at a meeting of a committee is to be determined by a majority of the votes of the members of the committee present and voting on the question.

(8) Where there is an equal division of votes the person who is acting as chair for the purposes of the meeting has a second or casting vote, provided that such person is a governor excluding associate pupil governors.

Minutes of meetings of committees

73

(1) Minutes of the proceedings of a meeting of a committee must be drawn up by the clerk to the committee or by the person acting as the clerk for the purposes of the meeting; and must be signed (subject to the approval of the committee) by the chair of the next meeting of the committee.

(2) Any committee of the governing body must supply their local authority with a copy of the draft or signed minutes of any meeting of theirs on request by that local authority.

(3) The minutes and agenda drawn up for the purposes of this regulation may be kept in electronic form and where that is the case the minutes may be signed electronically.

Publication of minutes and papers

74

(1) Subject to paragraph (2) the committee must, as soon as reasonably practicable, make available for inspection at each of the federated schools forming part of the federation by any interested person a copy of—

(a) the agenda for every committee meeting;

(b) the signed minutes of every such meeting; and

(2) The committee may exclude from any item required to be made available in pursuance of paragraph (1) any material relating to—

(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;

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

Restrictions on persons taking part in proceedings

75

(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 that person 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

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 that person’s 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 it to be able to give evidence to attend any hearing conducted by it into any matter and to present that person’s 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 that person 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 that person’s appointment to office, that person’s remuneration, or disciplinary action against that person is the subject of consideration, but if this regulation or Schedule 10 would have otherwise required that person to withdraw, that person 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

76

(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 it has taken in the discharge of its 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

77

Except as provided by regulation 78, 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.

Modification of Chapter 4 of Part 2 of the 1998 Act

78

(1) In its application to a federated school in Wales, other than one for which a temporary governing body is established pursuant to regulation 81 or 88, section 50[^f00038] 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 ““purposes of the school” in subsection (3) does not include” substitute “any reference to the purposes of a federated school or a federation in subsection 3(a), (ab) and (ac) 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 non local authority federation

79

(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 where the relevant school does not form part of a local authority federation.

(2) A request may not be made if the relevant school is subject to an intervention by a local authority or the Welsh Ministers under Chapter 1 of Part 2 of the 2013 Act unless the local authority or the Welsh Ministers (as the case may be) agree to the request being made.

(3) 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;

(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.

(4) 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 or (if there is no head teacher of the federation) 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) a body entitled to appoint foundation governors to the governing body of the federation;

(e) the trustees of a trust of any federated school of the federation;

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

(g) every person known by it to be a parent of a registered pupil at the relevant school;

(h) every trade union known by it to have members paid to work at any of the schools; and

(i) such other persons as the governing body of the federation considers appropriate.

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

(6) 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.

(7) Not less than fourteen clear working days after the governing body of a federation has given notice of the request in accordance with paragraph (4), 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 (10), 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

(8) 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 57(4).

(9) The governing body of a federation must give notice in writing of its decision under paragraph (7) within five clear working days to those persons referred to in paragraph (4).

(10) 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 (9) was given.

Procedure for a school to leave a local authority federation

80

(1) This regulation applies to a request made to the maintaining local authority for a federated school (“the relevant school”) to leave the local authority federation.

(2) A request may not be made if the relevant school is subject to an intervention by a local authority or the Welsh Ministers in Chapter 1 of Part 2 of the 2013 Act unless the local authority or the Welsh Ministers (as the case may be) agree to the request being made.

(3) 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;

(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.

(4) The maintaining local authority of the relevant school must give notice of the request to—

(a) all relevant local authorities;

(b) the head teacher of the federation or (if there is no head teacher of the federation) 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) a body entitled to appoint foundation governors to the governing body of the federation;

(e) the trustees of a trust of any federated school of the federation;

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

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

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

(i) such other persons as the local authority consider appropriate.

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

(6) A request under paragraph (1) is to be taken to have been received by the local authority if given or sent to the chief education officer[^f00039].

(7) Not less than fourteen clear working days after the local authority has given notice of the request in accordance with paragraph (4), the local authority 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

(8) The local authority must give notice in writing of its decision under paragraph (7) within five clear working days to those persons referred to in paragraph (4).

(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

81

(1) Upon notification that a governing body of a federation has resolved or that the local authority has decided 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 45.

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

(a) the reference in regulation 33 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”.

82

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[^f00040] to the governing body of the federation in respect of the school leaving the federation, as it thinks fit for any purposes of that school.

Incorporation of governing body of a school leaving a federation

83

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

Transfer of property

84

(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 83; 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 83.

(2) Section 198 of and Schedule 10 to the Education Reform Act 1988[^f00041] (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 by governing body of non local authority federations

85

(1) Subject to paragraph (3) where—

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

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

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

(2) The persons to be notified are—

(a) all relevant local authorities;

(b) the head teacher of the federation or (if there is no head teacher of the federation) each head teacher of 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 considers appropriate.

(3) Nothing in this regulation applies to the governing body of a local authority federation.

(4) The proposed date of dissolution specified by the governing body must be not less than 125 days after the day on which notice is given under paragraph (1) .

Dissolution by governing body of local authority federations

86

(1) Where—

(a) a governing body of a local authority federation decides that the federation should be dissolved; or

(b) a governing body of a local authority federation decides that one of only two federated schools should leave the federation,

the governing body must seek the consent of any maintaining local authority that the federation should be dissolved.

(2) If consent under paragraph (1) is given, the governing body must give notice of their decision and the proposed date of dissolution to the persons mentioned in paragraph (3) within fourteen clear working days of the consent being given.

(3) The persons to be notified are—

(a) all relevant local authorities;

(b) the head teacher of the federation or (if there is no head teacher of the federation) each head teacher of 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 considers appropriate.

(4) The proposed date of dissolution specified by the governing body must be not less than 125 days after the day on which notice is given under paragraph (2) .

Dissolution by local authority of local authority federations

87

(1) Where—

(a) a maintaining local authority of a local authority federation determines that the federation should be dissolved; or

(b) a maintaining local authority of a local authority federation determines that one of only two federated schools should leave the federation,

the local authority must give notice of the fact and the propose date of dissolution to the persons mentioned in paragraph (2) within fourteen clear working days of making that determination.

(2) The persons to be notified are—

(a) all relevant local authorities;

(b) the head teacher of the federation or (if there is no head teacher of the federation) each head teacher of 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) a body entitled to appoint foundation governors to the governing body of the federation;

(g) the trustees of a trust of any federated school of the federation;

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

(i) such other persons as the local authority considers appropriate.

(3) Not less than fourteen clear working days after the local authority has given notice of the determination in accordance with paragraph (2), the local authority must consider the determination and all responses received from the persons to whom notification of the determination was sent and must decide whether—

(a) the federation should be dissolved and, if so, on what date;

(b) that one of only two federated schools should leave the federation, and if so, on what date; or

(4) The local authority must give notice in writing of its decision under paragraph (2) within five clear working days to those persons referred to in paragraph (4).

Establishment of temporary governing body

88

(1) Upon receipt of the notice issued under regulation 85, 86 or 87 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.

(2) For the purposes of regulation 88(1)(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”.

89

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[^f00042] 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

90

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

91

(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 88; 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 90.

(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) 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 — AMENDMENTS TO REGULATIONS

Amendments to the Collaboration Between Education Bodies (Wales) Regulations 2012

92

(1) The Collaboration Between Education Bodies (Wales) Regulations 2012[^f00044] are amended as follows.

(2) In regulation 3(1)—

(a) in the definition of “the Federation of Maintained Schools Regulations” for “the Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010”, substitute “the Federation of Maintained Schools (Wales) Regulations 2014”;

(b) in the appropriate place in alphabetical order insert—

federation” (“ffederasiwn”) and “federated school” (“ysgol ffederal”) are to be interpreted in accordance with section 21 of the Education (Wales) Measure 2011[^f00045];

federation transition period” (“cyfnod pontio’r ffederasiwn”) means the period of time after a determination has been made to proceed with the proposals for a federation under regulations 7(1), 10(2), or 12(2) of the Federation of Maintained Schools (Wales) Regulations 2014 but before the federation date;.

(3) In regulation 4—

(a) in paragraph (1) for “Where” substitute “Subject to paragraph (5) where”;

(b) in sub-paragraph (a) of paragraph (1) for “regulation 59” substitute “regulation 62”;

(d) after paragraph (4) insert—

(5) During the federation transition period nothing in these Regulations prevents the governing bodies of schools intending to federate from forming a joint selection panel.

(4) In regulation 7(2) for “32 of, and paragraphs 2 to 12” substitute “35 of, and paragraphs 2 to 13”.

Amendments to the Government of Maintained Schools (Training Requirements for Governors) (Wales) Regulations 2013

93

(1) The Government of Maintained Schools (Training Requirements for Governors) (Wales) Regulations 2013[^f00046] are amended as follows.

(2) In regulation 2(1)—

(a) omit the definition of the 2010 Regulations;

(b) in the appropriate place insert—

“the 2014 Regulations” (“Rheoliadau 2014”) means the Federation of Maintained Schools (Wales) Regulations 2014;

(c) in the definition of “chair of a governing body” for “regulation 47 of the 2010 Regulations” substitute “regulation 50 of the 2014 Regulations”;

(d) in the definition of “a governor” for “2010” substitute “2014”;

(3) In regulation 4—

(a) in paragraph (4)(b) for “regulation 38 of the 2010 Regulations” substitute “regulation 41 of the 2014 Regulations”;

(b) in paragraph (5) for “2010” substitute “2014”; and

(c) in paragraph (6) for “32 of, and Schedule 7 to, the 2010 Regulations” substitute “35 of, and Schedule 7 to the 2014 Regulations”.

(4) In regulation 5—

(a) in paragraph (4)(b) for “regulation 38 of the 2010 Regulations” substitute “regulation 41 of the 2014 Regulations”;

(b) in paragraph (5) for “2010” substitute “2014”; and

(c) in paragraph (6) for “32 of, and Schedule 7 to, the 2010 Regulations” substitute “35 of, and Schedule 7 to the 2014 Regulations”.

(5) Omit regulation 7.

Amendments to the Government of Maintained Schools (Clerk to a Governing Body) (Wales) Regulations 2013

94

(1) The Government of Maintained Schools (Clerk to a Governing Body) (Wales) Regulations 2013[^f00047] are amended as follows.

(2) In regulation 2(1)—

(a) omit the definition of the 2010 Regulations; and

(b) in the appropriate place insert—

“the 2014 Regulations” (“Rheoliadau 2014”) means the Federation of Maintained Schools (Wales) Regulations 2014;

(3) In regulation 3(1)(b) for “50 to perform the functions set out in regulation 51 of the 2010 Regulations” substitute “53 to perform the functions set out in regulation 54 of the 2014 Regulations”.

(4) In regulation 4—

(a) in sub-paragraph (c) of paragraph (1) for “50 to perform the functions set out in regulation 51 of the 2010 Regulations” substitute “53 to perform the functions set out in regulation 54 of the 2014 Regulations”;

(b) for sub-paragraph (d) of paragraph (1) substitute—

(d) a person appointed by virtue of regulation 70(1) to perform the functions set out in regulation 70(5) in respect of a committee established in accordance with regulations 67 to 69 of the 2014 Regulations; or

; and

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 27 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 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 11.

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 and maintained nursery schools

5

(1) A temporary governing body constituted for any combination of two or more proposed community schools, community special schools and maintained nursery schools (and no other category of school) is to be comprised as follows—

(a) for each proposed school at least one but no more than two temporary parent governors 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;

(d) at least two but no more than four temporary local authority governors;

(e) subject to sub-paragraph (f) at least two but no more than four temporary community governors; and

(f) 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).

(2) The temporary governing body of the federation must in addition include—

(a) the head teacher or the head teacher designate of the federation, unless that person resigns the office of governor in accordance with regulation 37; or

(b) (if there is no head teacher or head teacher designate of the federation) the head teacher or the head teacher designate of each proposed school, unless that person resigns the office of governor in accordance with regulation 37.

Temporary governing body for new voluntary controlled schools

6

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

(a) for each proposed school at least one but no more than two temporary parent governors 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;

(d) at least two but no more than four temporary local authority governors;

(e) at least two but no more than four temporary community governors; and

(f) at least two but no more than five temporary foundation governors.

(2) The temporary governing body of the federation must in addition include—

(a) the head teacher or the head teacher designate of the federation, unless that person resigns the office of governor in accordance with regulation 37; or

(b) (if there is no head teacher or head teacher designate of the federation) the head teacher or the head teacher designate of each proposed school, unless that person resigns the office of governor in accordance with regulation 37.

Temporary governing body for new voluntary aided schools

7

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

(a) at least one temporary parent governor;

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

(d) at least one but no more than two temporary local authority governors; and

(e) such number of temporary foundation governors as will lead to their outnumbering all the other governors mentioned in paragraphs (a) to (d), sub-paragraph (2) and paragraph 11 by no more than one.

(2) The temporary governing body of the federation must in addition include—

(a) the head teacher or the head teacher designate of the federation, unless that person resigns the office of governor in accordance with regulation 37; or

(b) (if there is no head teacher or head teacher designate of the federation) the head teacher or the head teacher designate of each proposed school, unless that person resigns the office of governor in accordance with regulation 37.

Temporary governing body for new voluntary controlled and voluntary aided schools

8

(1) A temporary governing body constituted for any combination of two or more proposed voluntary controlled and voluntary aided schools (and no other category of school) is to be comprised as follows—

(a) at least one temporary parent governor;

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

(d) at least one but no more than two temporary local authority governors;

(e) at least one but no more than two temporary community governors; and

(f) such number of temporary foundation governors as will lead to their outnumbering all the other governors mentioned in paragraphs (a) to (e), sub-paragraph (2) and paragraph 11 by no more than one.

(2) The temporary governing body of the federation must in addition include—

(a) the head teacher or the head teacher designate of the federation, unless that person resigns the office of governor in accordance with regulation 37; or

(b) (if there is no head teacher or head teacher designate of the federation) the head teacher or the head teacher designate of each proposed school, unless that person resigns the office of governor in accordance with regulation 37.

9

A temporary governing body constituted in accordance with paragraphs 5 and 6 may, in addition, appoint one temporary sponsor governor.

Temporary associate pupil governors

10

A temporary governing body constituted in accordance with paragraphs 5 to 8 may, in addition, appoint up to two temporary associate pupil governors where the proposed schools are secondary schools.

Temporary additional community governors

11

(1) This paragraph applies to a temporary governing body constituted in accordance with paragraphs 5 to 8 for one or more of the following—

(a) any proposed community or voluntary 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 10, as the case may be) one temporary additional 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 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 that person is entitled to stand as a candidate and vote in the election; and

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 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 paragraph (1)(b) or (c) if there is no other person to be appointed from an earlier paragraph in the list set out in sub-paragraph (1).

11

(1) Where the school is a community 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;

(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 paragraph (1)(b), (c) or (d) if there is no other person to be appointed from an earlier paragraph in the list set out in sub-paragraph (1).

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

Subject to paragraph 4(2), no governor may nominate a person for appointment as a partnership governor.

4

(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.

5

(1) Where the governing body of a federation makes an appointment under paragraph 4(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.

6

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.

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 the 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 26.

(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[^f00048].

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 26.

SCHEDULE 7 — Qualifications and disqualifications

General

1

Save in the case of associate pupil governors no person is qualified to be a governor unless that person is aged 18 or over at the date of that person’s 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 that person from election or appointment or from continuing as a governor of any other category at that federation.

Mental disorder

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Failure to attend meetings

5

(1) This paragraph applies to any governor who is not a governor by virtue of that person’s 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 that person 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 that person 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 that person’s 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 that person’s 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) that person has been made bankrupt or sequestration of that person’s estate has been awarded and (in either case) that person 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 that person; or

(b) that person has made a composition or arrangement with, or granted a trust deed for, that person’s 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 that person is subject to—

(a) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986[^f00050];

(b) a disqualification order under the Company Directors Disqualification (Northern Ireland) Order 2002;

(c) a disqualification undertaking accepted under the Company Directors Disqualification (Northern Ireland) Order 2002[^f00052]; or

(d) an order made under section 429(2)(b) of the Insolvency Act 1986[^f00053] (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) that person 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 that person was responsible or to which that person was privy, or to which that person contributed or which that person facilitated by that person’s conduct; or

(b) that person has been removed, under section 34 of the Charities and Trustee Investment (Scotland) Act 2005[^f00054] (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 that person 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[^f00055];

(b) subject to a direction of the Welsh Ministers or the Secretary of State under section 142 of the 2002 Act[^f00056];

(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];

(h) by virtue of an order made under section 470 or section 471 of the 1996 Act[^f00062], disqualified from being the proprietor of any independent school or from being a teacher or other employee in any school; or

(i) disqualified from registration under Part 2 of the Children and Families (Wales) Measure 2010[^f00063]

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 that person.

(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 that person’s appointment or election as governor would otherwise have taken effect or, as the case may be, on which that person would otherwise have become a governor by virtue of that person’s office; or

(b) since that person’s appointment or election as governor or, as the case may be, since that person became a governor by virtue of that person’s office;

that person has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on them 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 that person’s appointment or election as governor would otherwise have taken effect or, as the case may be, on which that person would otherwise have become a governor by virtue of that person’s office, that person has been convicted as aforesaid of any offence and has had passed on them 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 that person has at any time been convicted as aforesaid of any offence and that person has had passed on them 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 that person’s appointment or election as governor would otherwise have taken effect or, as the case may be, on which that person would otherwise have become a governor by virtue of that person’s office; or

(b) since that person’s appointment or election as governor or, as the case may be, since that person became a governor by virtue of that person’s office;

that person has been convicted under section 547 of the 1996 Act[^f00064] (nuisance or disturbance on school premises) or under section 85A of the Further and Higher Education Act 1992[^f00065] (nuisance or 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 6, 7, 13 or 14 of the 2013 Act.

Failure to complete required training

12

(1) A governor, who, has remained suspended from office by virtue of regulation 4 or 5 of the Government of Maintained Schools (Training Requirements for Governors) (Wales) Regulations 2013 (“the 2013 Regulations”) for a continuous period of 6 months is, on the expiry of that period, disqualified from holding office as a governor of any school.

(2) A governor who has been disqualified as a governor of a school under sub-paragraph (1) is not qualified for election, nomination or appointment as a governor of any category at any school until such time as that governor has completed the training required by virtue of regulation 4 or 5 of the 2013 Regulations.

Refusal to make an application for a criminal records certificate

13

A person is disqualified from holding or continuing to hold office as a governor at any time when that person refuses a request by the governing body to make an application under section 113B of the Police Act 1997[^f00066] for a criminal records certificate.

Notification to clerk

14

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) that person is, or is proposed to become, a governor;

that person 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), 7A(1), (2), (10), and (11)(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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In regulation 7A(5)(a), (11)(b), (d), (e) and (f) 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 a disclosure and barring service certificate 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 a disclosure and barring service 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

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 2014

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 75(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 that person’s spouse, civil partner within the meaning of the Civil Partnership Act 2004[^f00067] or someone living with that person as if that person 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 75(2) a relevant person is not to be treated as having a pecuniary interest in any matter—

(a) provided that person’s 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 that person 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 that person is a member of a corporation or other body if that person has no financial interest in any securities of that corporation or other body.

(3) A governor is not, by reason of that person’s 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[^f00068] by reason that that person 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 that person should receive a particular allowance, the amount of any payment or any question about an allowance that has been paid to that governor.

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) that person’s own appointment, reappointment, suspension or removal as a member of the governing body or a committee;

(b) that person’s 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 that person 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 75(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 that person’s 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 75(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, that person 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

Huw Lewis — Minister for Education and Skills, one of the Welsh Ministers — 29 April 2014

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations apply to federations consisting of all categories of schools in Wales.

Part 1provides for the Regulations to come into force on 22 May 2014 and contains interpretative provisions. The Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010 are revoked with savings and transitional 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, but no more than six schools, can federate in accordance with Chapter 1 of Part 2 of the Education (Wales) Measure 2011 (“the 2011 Measure”) and these Regulations.

Regulations 5 to 7 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 8 and Schedule 1 enable new schools which propose to be federated schools to have a single temporary governing body. Regulations 9 and 10 set out the procedure for a local authority to federate schools. Regulations 11 and 12 set out the procedure for a local authority to federate small schools (within the meaning of an Order made under section 15 of the 2011 Measure).

Regulation 13 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 14 and Schedule 2 deal with parent governors and set out the basis on which they are elected or appointed.

Regulation 15 deals with teacher governors and regulation 16 deals with staff governors who are not teachers. The head teacher is a governor by virtue of that person’s position but may resign as a governor (or withdraw the resignation) at any time. Schedule 3 sets out the election process for teacher and staff governors.

Regulation 17 deals with the appointment of local authority governors.

Regulation 18 sets out who is eligible for appointment as a community governor and regulation 19 sets out who is eligible as an additional community governor.

Regulation 20 deals with the appointment of foundation governors, including ex officio foundation governors and substitute governors. Regulation 21 and Schedule 4 make provision for the nomination and appointment of partnership governors and regulation 22 and Schedule 5 make provision for the nomination and appointment of sponsor governors. The appointment of sponsor governors is optional.

Regulation 23 and Schedule 6 makes provision for the nomination and appointment of representative governors.

Regulation 24 makes provision for the appointment of associate pupil governors.

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The Federation of Maintained Schools (Wales) Regulations 2014

Pupil discipline and exclusions committee

68

Admissions committee

69

Clerks to committees

70

Right of persons to attend meetings of committees

71

Meetings of committees

72

Minutes of meetings of committees

73

Publication of minutes and papers

74

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

Restrictions on persons taking part in proceedings

75

PART 11 — INFORMATION AND FUNDING

Information for the governing body of a federation

76

Financing of federations

77

Modification of Chapter 4 of Part 2 of the 1998 Act

78

PART 12 — FEDERATED SCHOOLS LEAVING FEDERATIONS

Procedure for a school to leave a non local authority federation

79

Procedure for a school to leave a local authority federation

80

Decision to permit federated school to leave a federation

81

Availability of amounts representing budget share

82

Incorporation of governing body of a school leaving a federation

83

Transfer of property

84

PART 13 — DISSOLUTION OF FEDERATIONS

Dissolution by governing body of non local authority federations

85

Dissolution by governing body of local authority federations

86

Dissolution by local authority of local authority federations

87

Establishment of temporary governing body

88

Availability of amounts representing budget share

89

Incorporation of governing body of a school leaving a federation

90

Transfer of property

91

PART 14 — AMENDMENTS TO REGULATIONS

Amendments to the Collaboration Between Education Bodies (Wales) Regulations 2012

92

Amendments to the Government of Maintained Schools (Training Requirements for Governors) (Wales) Regulations 2013

93

Amendments to the Government of Maintained Schools (Clerk to a Governing Body) (Wales) Regulations 2013

94

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

General principles

1

2

3

4

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

5

Temporary governing body for new voluntary controlled schools

6

Temporary governing body for new voluntary aided schools

7

Temporary governing body for new voluntary controlled and voluntary aided schools

8

Temporary sponsor governors

9

Temporary associate pupil governors

10

Temporary additional community governors

11