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 promoters, the promoters 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 the 2002 Act),



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 shall apply 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;

(b) paid to work at the federation or a federated school for more than 500 hours in any twelve month period commencing on 1^st August and finishing on 31^st July.

(a) for "the governing body may spend any such amounts" there shall be substituted "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) there shall be substituted--- - 


" (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" there shall be substituted "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" there shall be substituted "the head teacher of the federation or to the head teachers of federated schools".

    (7) In subsection (7), for "school" there shall be substituted "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 shall 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) shall 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 have given notice of the request in accordance with paragraph (3), the governing body shall consider the request and all responses received from the persons to whom notification of the request was sent and shall 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) a governing body of a federation decide that the federation should be dissolved,

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

(c) the Secretary of State determines that one of only two federated schools should leave a federation,

the governing body of a federation shall give notice of the fact and the proposed date of dissolution to the persons mentioned in paragraph (2) within 14 days.

    (2) The persons to be notified are - 

(a) all relevant authorities;

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

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

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

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

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

(a) each new school has a head teacher, the size of the membership of the temporary governing body may be 21 temporary governors;

(b) at least 2 schools are proposed voluntary aided schools, and there are at least 3 head teachers who are entitled to be temporary staff governors by virtue of their office, the size of the membership of the temporary governing body may be no more than 24 temporary governors.

    (2) Where the federation contains 5 new schools and - 

(a) each new school has a head teacher, the size of the membership of the temporary governing body may be no more than 22 temporary governors;

(b) at least 3 schools are proposed voluntary aided schools, and there are 4 head teachers who are entitled to be temporary staff governors by virtue of their office, the size of the membership of the temporary governing body may be no more than 26 temporary governors;

(c) at least 3 schools are proposed voluntary aided schools and there are 5 head teachers who are entitled to be temporary staff governors by virtue of their office, the size of the membership of the temporary governing body may be no more than 28 temporary governors.

     3. In determining the size of the temporary governing body, the authority shall not include - 

(a) any temporary sponsor governors; or

(b) any additional temporary foundation governors appointed in accordance with paragraph 9(2).

     4. Where application of paragraphs 6 to 11 produces a number other than a whole number, the authority shall 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 paragraphs 1 and 2.

     5. 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 shall be included whether or not he has resigned his governorship.

Temporary governing body for new community, community special or maintained nursery schools
     6. A temporary governing body constituted for two or more proposed community schools, proposed community special schools or proposed maintained nursery schools only, shall be composed as follows - 

(a) one third or more shall be temporary parent governors, provided always that for each proposed school at least one temporary parent governor shall 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 shall be temporary staff governors;

(c) one fifth shall be temporary LEA governors; and

(d) one fifth or more shall be temporary community governors.

Temporary governing body for new foundation or foundation special schools
     7. A temporary governing body constituted for two or more proposed foundation schools or foundation special schools only, shall be composed as follows - 

(a) at least one third shall be temporary parent governors, provided always that for each proposed school at least one temporary parent governor shall 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 shall be temporary staff governors;

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

(d) at least one tenth shall be temporary community governors;

(e) at least two but no more than one quarter shall be temporary foundation governors (or temporary partnership governors as appropriate in respect of any school without a foundation).

Temporary governing body for new voluntary controlled schools
     8. A temporary governing body constituted for two or more proposed voluntary controlled schools only, shall be composed as follows - 

(a) one third or more shall be temporary parent governors, provided always that for each proposed school at least one temporary parent governor shall 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 shall be temporary staff governors;

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

(d) one tenth or more shall be temporary community governors;

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

Temporary governing body for new voluntary aided schools
     9.  - (1) A temporary governing body constituted for two or more proposed voluntary aided schools only, shall be composed as follows - 

(a) for each proposed school at least one temporary parent governor shall 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 shall be temporary staff governors;

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

(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 additional temporary foundation governors (up to two) as are required to preserve their majority.

Temporary governing body for new voluntary controlled schools and community, community special or maintained nursery schools
     10. 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 shall be composed as follows - 

(a) one third or more shall be temporary parent governors, provided always that for each proposed school at least one temporary parent governor shall 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 shall be temporary staff governors;

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

(d) at least two shall be temporary community governors; and

(e) at least one shall be a 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
     11. 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 shall be composed as follows - 

(a) for each proposed school at least one temporary parent governor shall 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 shall be temporary staff governors;

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

(d) at least two shall be temporary community governors;

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

Temporary sponsor governors
     12. A temporary governing body constituted in accordance with paragraphs 6 to 11 may, in addition, appoint up to two 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 shall be 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. The appropriate body shall 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 shall be held by ballot.

     6.  - (1) The arrangements made under paragraph 3 shall 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 shall 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 shall 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 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 shall 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 the 2002 Act)),

(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 shall 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, in appointing a parent governor the governing body of a federation shall 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 shall 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 shall 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 shall 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 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 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 shall 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.

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

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

(a) in paragraph (1) for "maintained school" there shall be substituted "federation";

(b) in paragraph (1)(a), (c) and (f) for "school" there shall be substituted "federation",

(c) for paragraph (1)(b) there shall be substituted the following paragraph - 


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



(d) in paragraph (1)(d) for "Part 3" there shall be substituted "Part 4 of the School Governance (Federations) (England) Regulations 2004";

(e) in paragraph (1)(d)(ii) for "regulation 16(2)(b)" there shall be substituted "regulation 25(2) of the School Governance (Federations) (England) Regulations 2004";

(f) in paragraph (1)(g) for "the school" there shall be substituted "the federation" and for "Schedule 5" there shall be substituted "regulation 19 of and Schedule 6 to the School Governance (Federations) (England) Regulations 2004";

(g) in paragraph (1)(h) for "the school is" there shall be substituted "the federation includes" and for "Schedule 3" there shall be substituted "regulation 16 of and Schedule 4 to the School Governance (Federations) (England) Regulations 2004";

(h) in paragraphs (1)(i) and (3) for "the school" there shall be substituted "a federated school";

(i) for paragraph (1)(j) there shall be substituted the following sub-paragraph - 



" (j) 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"; and



(j) in paragraph (2) for "these Regulations as they apply to a school of the category to which the schools belong" there shall be substituted "regulations 21 to 27 of the School Governance (Federations) (England) Regulations 2004".

     5. For regulation 30, there shall be substituted - 

     " 30.  - (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 shall 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 shall 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 shall 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 the 1998 Act 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 shall be made by the local education authority in the form of the draft or (as the case may be) the revised draft.

    (5) If, in the case of a federation which will have foundation governors, there is at any time disagreement as to the content of the draft among the persons mentioned in paragraph (3), any of those persons may refer the draft to the Secretary of State who shall give such direction as he thinks fit having regard, in particular, to the category of schools which are proposed to be included within the federation.

    (6) 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 it is not content with the draft instrument of government, and

(b) give the governing body of the federation a reasonable opportunity to reach agreement with it 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 it and the governing body of the federation or (in the absence of such agreement) in such form as it thinks fit having regard, in particular, to the category of school to which the school belongs.".

     6. In regulation 31 - 

(a) in paragraph (1) for "regulation 11 of the Constitution Regulations" there shall be substituted "regulation 20 of the School Governance (Federations) (England) Regulations 2004"; and

(b) after paragraph (2) there shall be inserted 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 shall be taken as a reference to each local education authority.".

     2. In regulation 5 for paragraph (3) there shall be substituted 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;

(b) where reference is made to the authority and a federation includes schools maintained by more than one authority, the reference shall be taken as a reference to each authority.".

     2. In regulation 5, after "sending a copy to the" there shall be inserted "relevant".

     3. In regulations 4(4), 6(1)(a) and (b), 7 and 25(1) for "school" there shall be substituted "federation or federated school".

     4. In regulation 10 after the words "This Part applies to" there shall be inserted the words "federated schools which are".

     5. In regulation 16 for paragraph (1) there shall be substituted the following paragraph - 

     " 16.  - (1) Subject to regulation 18 - 


(a) both the governing body and the head teacher of the federation shall 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 shall 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.".

     6. In regulation 17 and paragraphs 2(2), 2(3) and 2(6)(a) and (b) of the Schedule for "school" there shall be substituted "federation or a federated school".

     7. In regulation 18(1) for "work at a school" there shall be substituted "work at a federation or a federated school".

     8. In regulation 18(3) for "work at the school" there shall be substituted "work at the federation or a federated school".

     9. In regulation 19 after the words "This Part applies to" there shall be inserted 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" there shall be inserted "which is a federated school".

     12. In regulation 28(2) for "school or schools" there shall be substituted "school, federated school or federation".

     13. In regulations 30(1) and 31(2) for sub-paragraphs (a), (b) and (c) there shall be substituted 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" there shall be inserted the words "which is to be a federated school".