United Kingdom Statutory Instruments

(a) the temporary governing body wish to federate with one or more governing bodies; or

(b) the authority or, where the school is to be a foundation or voluntary school proposals for the establishment of which were published by proposers, the proposers propose that the school be a federated school.

(a) a person who is elected in accordance with paragraphs 3 to 7 of Schedule 2 as a member of the governing body of a federation by—


(i) parents of registered pupils at a federated school, or

(ii) parents of children for whom educational or other provision is made on the premises of any maintained nursery school in the federation (including any such provision made by the governing body under section 27 of EA 2002),



and is himself such a parent at the time when he is elected; or

(b) a person appointed as a parent governor in respect of a federated school in accordance with paragraphs 8 to 10 of Schedule 2.

    (2) Schedule 2 applies to the election and appointment of parent governors.

    (3) A person is disqualified from election or appointment as a parent governor of a federation if he is—

(a) an elected member of the authority; or

(b) paid to work at the federation or a federated school for more than 500 hours in any consecutive twelve month period.

(a) parent governors;

(b) staff governors;

(c) LEA governors;

(d) community governors;

(e) foundation governors;

(f) partnership governors;

(g) sponsor governors.

(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".

(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 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 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 of England 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; and

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

    (4) Notice under paragraph (3)(a) and (b) must be given within the period of 5 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 14 days after the governing body of a federation has 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) the relevant school should leave the federation and, if so, on what date it should do so ("the de-federation date");

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

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

(a) any temporary sponsor governors; or

(b) any temporary foundation governors appointed in accordance with paragraph 8(2) or paragraph 10(2).

     3. Where application of paragraphs 6 to 11 produces a number other than a whole number, the authority must specify either the whole number next above or the whole number next below (at their choice) provided that the total number of governors may not exceed the limits set in paragraph 1.

     4. In calculating the number of temporary staff governors required, the head teacher of the federation and the head teacher or head teacher designate of each school must be included whether or not he has resigned his governorship.

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) one third or more temporary parent governors, provided always that for each proposed school at least one temporary parent governor must be 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 two but no more than one third temporary staff governors;

(c) one fifth temporary LEA governors; and

(d) one fifth or more temporary community governors.

Temporary governing body for new foundation or foundation special schools without foundations
     6. A temporary governing body constituted for two or more proposed foundation or foundation special schools only, which, in either case, are not to have a foundation, is to be composed as follows—

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

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

(c) at least one but no more than one fifth temporary LEA governors;

(d) one tenth or more temporary community governors; and

(e) at least two but no more than one quarter temporary partnership governors.

Temporary governing body for new foundation or foundation special schools with foundations but which are not to be qualifying foundation schools
     7. A temporary governing body constituted for two or more proposed foundation or foundation special schools only, which are to have foundations but which are not to be qualifying foundation schools is to be composed as follows—

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

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

(c) at least one but no more than one fifth temporary LEA governors;

(d) one tenth or more temporary community governors; and

(e) at least two but no more than 45 per cent temporary foundation governors.

Temporary governing body for new qualifying foundation schools
     8. A temporary governing body constituted for two or more proposed qualifying foundation schools only is to be composed as follows—

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

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

(c) at least one but no more than one fifth temporary LEA governors;

(d) one tenth or more temporary community governors; and

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

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

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

(a) one third or more temporary parent governors, provided always that for each proposed school at least one temporary parent governor must be 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 two but no more than one third temporary staff governors;

(c) at least one but no more than one fifth temporary LEA governors;

(d) one tenth or more temporary community governors; and

(e) at least two but no more than one quarter temporary foundation governors.

Temporary governing body for new voluntary aided schools
     10. —(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 two but no more than one third temporary staff governors;

(c) at least one but no more than one tenth temporary LEA governors; and

(d) such number of temporary foundation governors as outnumber all the other temporary governors listed in sub-paragraphs (a) to (c) by two.

    (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 is to contain 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
     11. 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) one third or more temporary parent governors, provided always that for each proposed school at least one temporary parent governor must be 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 two but no more than one third temporary staff governors;

(c) at least two but no more than one fifth temporary LEA governors;

(d) at least two temporary community governors; and

(e) at least one temporary foundation governor.

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
     12. 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 two but no more than one third temporary staff governors;

(c) at least two but no more than one fifth temporary LEA governors;

(d) at least two temporary community governors; and

(e) at least two temporary foundation governors (or temporary partnership governors as appropriate in respect of any school without a foundation).

Temporary sponsor governors
     13. A temporary governing body constituted in accordance with paragraphs 5 to 12 may, in addition, appoint up to two temporary sponsor governors, or where the federation is to contain secondary schools only, up to four temporary sponsor governors.

(a) the 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 an authority is the appropriate body in relation to a school, that 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 authority are the appropriate body in relation to a school within paragraph 1(b) if the governing body of the federation and the authority so agree.

     3. Subject to paragraphs 4 to 7, the appropriate body must make all necessary arrangements for the election of parent governors.

     4. The duty conferred by paragraph 3 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.

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

     6. —(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" 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.

     7. Where a vacancy for a parent governor arises, the authority 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 is entitled to stand as a candidate and vote in the election; and

(c) given the opportunity to do so.

     8. The number of parent governors required must be made up of parent governors appointed by the governing body of a federation 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 authority, 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 established in a hospital, it would, in the opinion of the authority, be impractical for there to be an election of parent governors.

     9. —(1) Except where paragraph 10 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 (or, in respect of any maintained nursery school in the federation, a parent of a child for whom educational or other provision is made on the premises of the school (including any such provision made by the governing body under section 27 of EA 2002)),

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

(c) a parent of a former registered pupil at the school;

(d) a parent of a former registered pupil at a school within the federation; or

(e) a parent of a child.

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

     10. —(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 former pupil at the school;

(c) a parent of a child with special educational needs for which the school is approved; or

(d) a parent with experience of a child with special educational needs.

    (2) The governing body of a federation may 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.

(a) includes the power to make provision as to qualifying dates, but

(b) 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.

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

(a) one or more primary care trusts,

(b) the National Health Service Trust, or

(c) the NHS foundation trust,

with which the school is most closely connected as the appropriate body.

    (2) The governing body of a federation must invite the appropriate body to nominate (and if more than one, jointly) a person to be appointed as one of the community governors in accordance with regulation 16(2).

    (3) For the purposes of this Schedule—

(a) must seek nominations from parents of registered pupils at schools in the federation which have no foundation; and

(b) may seek nominations from parents of registered pupils at other schools in the federation and from such other persons in the community served by 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 of a federation 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, they must give written reasons for their decision to the authority and to the person rejected.

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

(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 a federated school,

provided that, in either case, such person is not entitled to appoint the foundation governors nor connected to any person so entitled.

     2. For the purposes of paragraph 1, a person is connected with a person entitled to appoint foundation governors where—

(a) in paragraph (1) for "maintained school" substitute "federation";

(b) in paragraph (1)(a), (c) and (f) for "school" substitute "federation";

(c) for paragraph (1)(b) substitute the following paragraph—


" (b) the names and categories of the federated schools within the federation;";



(d) in paragraph (1)(d) for "Part 3" substitute "Part 4 of the School Governance (Federations) (England) Regulations 2007";

(e) in paragraph (1)(d)(ii) for "regulation 16(2)(b) or 18(2)(b)" substitute "regulation 25(2)(b) or regulation 27(2)(b) of the School Governance (Federations) (England) Regulations 2007";

(f) in paragraph (1)(g) for "the school" substitute "the federation" and for "Schedule 5" substitute "regulation 19 of and Schedule 6 to the School Governance (Federations) (England) Regulations 2007";

(g) in paragraph (1)(h) for "the school is" substitute "the federation includes" and for "Schedule 3" substitute "regulation 16 of and Schedule 4 to the School Governance (Federations) (England) Regulations 2007";

(h) for paragraph (1)(i) substitute the following sub-paragraph—



" (i) where a federated school is a foundation or voluntary school which has a religious character, a single description of the religious ethos of each such school";



(i) in paragraph (2) for "these Regulations as they apply to a school of the category to which the schools belong" substitute "regulations 21 to 29 of the School Governance (Federations) (England) Regulations 2007"; and

(j) in paragraph (3) for "the school" substitute "a federated school".

     5. For regulation 31, substitute—

     " 31. —(1) In this regulation, where reference is made to the local education authority and the federation is to include schools maintained by different local education authorities, the reference is to be taken as a reference to whichever of those local education authorities the governing bodies of the schools agree between them should make the instrument of government for the federation.

    (2) The governing bodies of the schools which are to form the federation must jointly prepare a draft instrument of government and submit it to the local education authority.

    (3) Where the federation will have foundation governors, the governing bodies of the proposed federation must not submit the draft to the local education authority unless it has been approved in respect of each foundation or voluntary school by—


(a) that school's foundation governors;

(b) the trustees of any trust relating to such a school;

(c) in the case of a Church of England or Roman Catholic Church school, the appropriate diocesan authority; and

(d) in the case of any other school designated under section 69(3) of SSFA 1998 as having a religious character, the appropriate religious body.



    (4) If—



(a) the local education authority are content that the draft complies with all the applicable statutory provisions, or

(b) there is agreement between the local education authority, the governing bodies and (where the federation will have foundation governors) the persons mentioned in paragraph (3) that the draft should be revised to any extent, and the revised draft complies with all the applicable statutory provisions,



the instrument of government must be made by the local education authority in the form of the draft or (as the case may be) the revised draft.

    (5) If neither of sub-paragraphs (a) and (b) of paragraph (4) applies in the case of a federation which will not have foundation governors, the local education authority must—



(a) inform the governing body of the federation of the reasons why they are not content with the draft instrument of government, and

(b) give the governing body of the federation a reasonable opportunity to reach agreement with them on revising the draft,



and the instrument of government must be made by the local education authority either in the form of a revised draft agreed between them and the governing body of the federation or (in the absence of such agreement) in such form as they think fit having regard, in particular, to the category of school to which the school belongs.".

     6. In regulation 32—

(a) in paragraph (1) for "regulation 11 of the Constitution Regulations" substitute "regulation 20 of the School Governance (Federations) (England) Regulations 2007"; and

(b) after paragraph (2) insert the following paragraph—

    " (3) In these Regulations, where reference is made to the local education authority and a federation includes schools maintained by more than one local education authority, the reference is to be taken as a reference to each local education authority.".

     2. In regulation 5 for paragraph (3) substitute the following paragraph—

    " (3) A governor who is paid to work at the federation or at a federated school or who is a pupil at a federated school is not eligible to be chair or vice-chair of the governing body of the federation in question.".

    " (5) 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 authority.".

     2. In regulation 5, after "sending a copy to the" insert "relevant".

     3. In regulations 4(4), 6(1)(a) and (b), 7, 11(12), 18A, 20(12), 24A(1) and (5), 25(1) and 26A for "school" substitute "federation or federated school".

     4. In regulation 10 after the words "This Part applies to" insert the words "federated schools which are".

     5. In regulations 11(4), 11A(a), 15A(1), (2) and (5), 17, 20(4) and paragraphs 2(2), 2(3) and 2(6) of the Schedule for "school" substitute "federation or a federated school".

     6. In regulation 11(11), 15A(3) and (4), 18(3), 20(11) and 24A(2), (3) and (4) for "work at the school" substitute "work at the federation or a federated school".

     7. In regulations 11A(b) and 18(1) for "work at a school" substitute "work at a federation or a federated school".

     8. In regulation 16 for paragraph (1) substitute the following paragraph—

     " 16. —(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 suspension is required.".

     9. In regulation 19 after the words "This Part applies to" insert the words "federated schools which are".

     10. In regulation 22, after paragraph (3) insert—

    " (3A) The foundation governors appointed in respect of a particular federated voluntary aided school must agree any recommendation at paragraph (3)(c) in respect of the head teacher of that school.".

     11. In regulation 27 after the words "voluntary aided school" insert "which is a federated school".

     12. In regulation 28(2) for "school or schools" substitute "school, federated school or federation".

     13. In regulations 30(1) and 31(2) for sub-paragraphs (a), (b) and (c) substitute the following sub-paragraphs—

" (a) the head teacher of one or more of the collaborating schools, federated schools or federations;

(b) one or more of the governors from any of the collaborating governing bodies; or

(c) one or more head teachers with one or more governors from any of the collaborating schools, federated schools or federations.".

     14. In regulation 33 after the words "school" insert the words "which is to be a federated school".