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PART 4COMPOSITION OF GOVERNING BODIES OF A FEDERATION

General principles

21.—(1) Subject to paragraphs (2) and (3), the instrument of government for a federation is to specify the size of the membership of the governing body of the federation, being no fewer than 9 or more than 29 governors.

(2) In determining the size of the membership of the governing body of a federation any sponsor governors appointed in accordance with regulations 22 to 29 and any additional foundation governors appointed in accordance with regulations 25(2)(b) or 27(2)(b) are not to be included.

(3) Subject to regulations 22 to 29, the instrument of government is to specify the number of governors from each of the following categories of governor to be elected or appointed—

(a)parent governors;

(b)staff governors;

(c)LEA governors;

(d)community governors;

(e)foundation governors;

(f)partnership governors;

(g)sponsor governors.

(4) Where application of this regulation and regulations 22 to 29 produces a number other than a whole number, the governing body 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 limit set in this regulation.

(5) In calculating the number of staff governors required, the head teachers must be included whether or not the head teacher of the federation, or any head teacher of a federated school, has resigned his governorship.

Federation comprising community, community special and maintained nursery schools

22.—(1) The governing body of a federation containing any combination of community schools, community special schools and maintained nursery schools(1) (and no other category of school) is to comprise the following—

(a)one third or more parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

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

(c)one fifth LEA governors; and

(d)one fifth or more community governors.

(2) The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.

Federation comprising only foundation or foundation special schools without foundations

23.—(1) The governing body of a federation containing only foundation or foundation special schools(2) which, in either case, do not have a foundation, is to comprise the following—

(a)at least one third parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

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

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

(d)one tenth or more community governors; and

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

(2) The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.

Federation comprising only foundation or foundation special schools which have a foundation but which are not qualifying foundation schools

24.—(1) The governing body of a federation containing only foundation or foundation special schools which have foundations but which are not qualifying foundation schools is to comprise the following—

(a)at least one third parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

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

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

(d)one tenth or more community governors; and

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

(2) The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.

Federation comprising qualifying foundation schools only

25.—(1) The governing body of a federation comprising qualifying foundation schools only is to comprise the following—

(a)for each federated school at least one parent governor elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

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

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

(d)one tenth or more community governors;

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

(f)such number of foundation governors who are eligible for election or appointment as parent governors that, when they are counted with the parent governors, comprise one third or more of the total membership of the governing body.

(2) In addition—

(a)the governing body of the federation may appoint up to two, or where the federation contains secondary schools only, up to four sponsor governors; and

(b)the foundation may appoint such number of foundation governors (up to two, or where the federation contains secondary schools only, up to four) as are required to preserve their majority.

Federation comprising voluntary controlled schools only

26.—(1) The governing body of a federation containing voluntary controlled schools(3) only is to comprise the following—

(a)one third or more parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

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

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

(d)one tenth or more community governors; and

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

(2) The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.

Federation comprising voluntary aided schools only

27.—(1) The governing body of a federation containing voluntary aided schools(4) only is to comprise the following—

(a)for each federated school at least one parent governor elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

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

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

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

(e)such number of foundation governors who are eligible for election or appointment as parent governors that, when they are counted with the parent governors, comprise one third or more of the total membership of the governing body.

(2) In addition—

(a)the governing body of the federation may appoint up to two, or where the federation contains secondary schools only, up to four sponsor governors; and

(b)the persons who are entitled to appoint foundation governors may appoint such number of foundation governors (up to two, or where the federation contains secondary schools only, up to four) as are required to preserve their majority.

Federation comprising voluntary controlled schools and community, community special or maintained nursery schools

28.—(1) The governing body of a federation containing at least one voluntary controlled school and at least one community school, community special school or maintained nursery school is to comprise the following—

(a)one third or more parent governors, provided always that for each federated school at least one parent governor must be elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

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

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

(d)at least two community governors; and

(e)at least one foundation governor.

(2) The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.

Federation comprising more than one category of school including at least one foundation or foundation special or voluntary aided school

29.—(1) The governing body of a federation containing—

(a)more than one category of school, and

(b)at least one foundation school, foundation special school or voluntary aided school,

is to be constituted in accordance with paragraph (2).

(2) The governing body of a federation to which paragraph (1) applies is to comprise the following—

(a)for each federated school at least one parent governor elected or appointed in accordance with regulation 13(1) to represent the interests of such parents;

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

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

(d)at least two community governors; and

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

(3) The governing body of the federation may in addition appoint up to two sponsor governors, or where the federation contains secondary schools only, up to four sponsor governors.

(1)

Within the meaning of section 20 of and Schedule 2 to SSFA 1998 and section 39(1) of EA 2002.

(2)

Within the meaning of section 20 of and Schedule 2 to SSFA 1998.

(3)

Within the meaning of section 20 of and Schedule 2 to SSFA 1998.

(4)

Within the meaning of section 20 of and Schedule 2 to SSFA 1998.