Education Bill (HC Bill 180)

Finance

45 Local authorities’ financial schemes

(1) In Schedule 14 to SSFA 1998 (revision of local authority schemes), in paragraph

2A, at the end insert—

“(4) 5The Secretary of State may by a direction revise the whole or any part

of a scheme maintained by a local authority in England as from such

date as may be specified in the direction.

(5) Before giving such a direction the Secretary of State must consult the

local authority and such other persons as the Secretary of State thinks

10fit.”

46 Payments in respect of dismissal, etc

(1) Section 37 of EA 2002 (payments in respect of dismissal, etc) is amended as

follows.

(2) After subsection (7), insert—

“(7A) 15Any amount payable by virtue of subsection (7) by the governing body

of a maintained school in England to the local authority may be met by

the governing body out of the school’s budget share for any funding

period if and to the extent that the condition in subsection (7B) is met.

(7B) The condition is that the governing body are satisfied that meeting the

20amount out of the school’s budget share will not to a significant extent

interfere with the performance of any duty imposed on them by section

21(2) or by any other provision of the Education Acts.”

(3) In subsection (8), after “maintained school” insert “in Wales”.

47 Determination of permitted charges

(1) 25Section 456 of EA 1996 (regulation of permitted charges) is amended as follows.

(2) In subsection (4), after paragraph (a) insert—

“(aa) attributable to the provision of the buildings and

accommodation used in connection with the provision of the

optional extra, or”.

(3) 30In subsection (5), for “subsection (6)” substitute “subsections (6) and (6A)”.

(4) After subsection (6), insert—

“(6A) Where the optional extra in question consists of education which is

early years provision (as defined by section 20 of the Childcare Act

2006), the cost of its provision includes the costs, or an appropriate

35proportion of the costs, attributable to the provision of teaching staff

employed for the purpose of providing the education.”

Further education institutions

48 Further education institutions: amendments

Schedule 12 (further education institutions: amendments) has effect.

Pupil referral units

49 5Repeal of provision changing name of pupil referral units

(1) ASCLA 2009 is amended as set out in subsections (2) and (3).

(2) In section 249 (short stay schools: miscellaneous)—

(a) omit subsections (1) and (2) (change of name from pupil referral unit to

short stay school);

(b) 10for the heading, substitute “Regulations about pupil referral units”.

(3) For the italic cross-heading above section 249, substitute “Pupil referral units”.

(4) In Schedule 1 to EA 1996 (pupil referral units), in paragraph 3A—

(a) in sub-paragraph (a), for “short stay school” substitute “pupil referral

unit”;

(b) 15in sub-paragraph (b), for “short stay schools”, in both places where it

occurs, substitute “pupil referral units”.

Part 6 Academies

Academy arrangements

50 20Academies: removal of requirement to have specialism

In section 1(6) of AA 2010 (Academy arrangements: characteristics of

Academy) omit paragraph (b) (curriculum to have emphasis on particular

subject area).

51 Academy arrangements: post-16 education and alternative provision

(1) 25Section 1 of AA 2010 (Academy arrangements) is amended as set out in

subsections (2) to (6).

(2) For subsection (5) substitute—

“(5) The undertakings are—

(a) to establish and maintain an educational institution in England

30which meets the requirements of any of the following—

(i) section 1A (Academy schools);

(ii) section 1B (16 to 19 Academies);

(iii) section 1C (alternative provision Academies);

(b) to carry on, or provide for the carrying on, of the institution.”

(3) 35Omit subsection (6).

(4) In subsection (7), for “a school within subsection (5)(a)(i)” substitute “an

educational institution within section 1A(1)”.

(5) In subsection (9), for “school” (in both places) substitute “institution”.

(6) In subsection (10), for “A school” substitute “An educational institution”.

(7) 5After section 1 of AA 2010 insert—

“1A Academy schools

(1) An educational institution meets the requirements of this section if—

(a) it is an independent school,

(b) it has a curriculum satisfying the requirements of section 78 of

10EA 2002 (balanced and broadly based curriculum),

(c) it provides education for pupils of different abilities, and

(d) it provides education for pupils who are wholly or mainly

drawn from the area in which it is situated.

(2) An educational institution also meets the requirements of this section

15if—

(a) it is an independent school, and

(b) it is specially organised to make special educational provision

for pupils with special educational needs.

(3) An Academy which meets the requirements of this section is to be

20known as an Academy school.

1B 16 to 19 Academies

(1) An educational institution meets the requirements of this section if it is

principally concerned with providing full-time or part-time education

suitable to the requirements of persons over compulsory school age but

25under 19.

(2) “Education” includes vocational, social, physical and recreational

training.

(3) An Academy which meets the requirements of this section is to be

known as a 16 to 19 Academy.

1C 30Alternative provision Academies

(1) An educational institution meets the requirements of this section if—

(a) it is principally concerned with providing full-time or part-time

education for children of compulsory school age who, by reason

of illness, exclusion from school or otherwise, may not for any

35period receive suitable education unless alternative provision is

made for them,

(b) it provides education for children of different abilities, and

(c) it provides education for children who are wholly or mainly

drawn from the area in which it is situated.

(2) 40“Alternative provision” means arrangements under section 19(1) of EA

1996 (exceptional provision of education in pupil referral units or

elsewhere).

(3) An Academy which meets the requirements of this section is to be

known as an alternative provision Academy.

1D Alternative provision Academies: powers to apply provisions with

modifications

(1) Regulations may provide for a statutory provision relating to

maintained schools or a description of maintained school, or to pupil

5referral units, to apply in relation to alternative provision Academies,

or a description of alternative provision Academy, with or without

modifications.

(2) Regulations may provide for a statutory provision relating to

Academies, Academy schools or 16 to 19 Academies—

(a) 10to apply in relation to alternative provision Academies, or a

description of alternative provision Academy, with

modifications;

(b) not to apply in relation to alternative provision Academies or a

description of alternative provision Academy.

(3) 15Regulations may provide for a statutory provision relating to

alternative provision Academies—

(a) to apply in relation to a description of alternative provision

Academy, with modifications;

(b) not to apply in relation to a description of alternative provision

20Academy.

(4) “Statutory provision” means a provision made by or under this or any

other Act, whenever passed or made.”

52 Consequential amendments: 16 to 19 Academies and alternative provision

Academies

(1) 25Schedule 13 (16 to 19 Academies and alternative provision Academies:

consequential amendments) has effect.

(2) The Secretary of State may by order make further changes in consequence of

section 51 to any provision of—

(a) an Act passed before, or in the same Session as, this Act;

(b) 30subordinate legislation made before the date on which this Act is

passed.

(3) “Subordinate legislation” has the meaning given by section 21(1) of the

Interpretation Act 1978.

Academy orders

53 35Academy orders: involvement of religious bodies etc

(1) Section 4 of AA 2010 (Academy orders) is amended as follows.

(2) After subsection (1), insert—

“(1A) Before making an Academy order under subsection (1)(b) in respect of

a foundation or voluntary school that has a foundation, the Secretary of

40State must consult—

(a) the trustees of the school,

(b) the person or persons by whom the foundation governors are

appointed, and

(c) in the case of a school which has a religious character, the

appropriate religious body.”

(3) In subsection (4)—

(a) at the end of paragraph (a), omit “and”;

(b) 5at the end insert “, and

(c) in the case of a foundation or voluntary school that has

a foundation—

(i) the trustees of the school,

(ii) the person or persons by whom the foundation

10governors are appointed, and

(iii) in the case of a school which has a religious

character, the appropriate religious body.”

(4) In subsection (5)—

(a) at the end of paragraph (a), omit “and”;

(b) 15at the end insert “, and

(c) in the case of a foundation or voluntary school that has

a foundation—

(i) the trustees of the school,

(ii) the person or persons by whom the foundation

20governors are appointed, and

(iii) in the case of a school which has a religious

character, the appropriate religious body.”

(5) At the end, insert—

“(8) In this section, “the appropriate religious body”, in relation to a school,

25means—

(a) in the case of a Church of England school or a Roman Catholic

school, the appropriate diocesan authority;

(b) in any other case, such body or person representing the

specified religion or religious denomination as is prescribed

30under section 88F(3)(e) of SSFA 1998.

(9) In the case of a school in relation to which there is more than one

religion or religious denomination specified, references to “the

appropriate religious body” are to be read as references to both or all of

the bodies concerned.

(10) 35In subsections (8) and (9), “specified” means specified in the order

under section 69(3) of SSFA 1998 relating to the school.

(11) Expressions used in this section and SSFA 1998 have the same meaning

as in that Act.”

54 Academies: consultation on conversion

40For section 5 of AA 2010 (consultation on conversion), substitute—

“5 Consultation on conversion

(1) Before a maintained school in England is converted into an Academy,

there must be a consultation on the question of whether the conversion

should take place.

(2) The consultation may take place before or after an Academy order, or

an application for an Academy order, has been made in respect of the

school.

(3) In the case of a school that is eligible for intervention (within the

5meaning of Part 4 of EIA 2006), the consultation may be carried out

by—

(a) the school’s governing body, or

(b) a person with whom the Secretary of State proposes to enter

into Academy arrangements in respect of the school or an

10educational institution that replaces it.

(4) In any other case, the consultation must be carried out by the school’s

governing body.

(5) The consultation must seek the views of such persons as the person

carrying it out thinks appropriate.

(6) 15In the case of a federated school, references in this section to the

governing body include references to any of the members of the

governing body.”

55 Academy conversions: federated schools

(1) AA 2010 is amended as follows.

(2) 20In section 3 (application for Academy order) after subsection (5) insert—

“(6) In the case of a federated school, references in this section to the

governing body include references to members of the governing body

who—

(a) together make up a proportion of the total number of members

25that is specified in, or determined in accordance with,

regulations, and

(b) consist of or include members of any prescribed description.”

(3) In section 4 (Academy orders), in subsection (1)(a), for “the governing body of

the school make an application” substitute “an application in respect of the

30school is made”.

(4) In section 7 (transfer of school surpluses)—

(a) in subsection (6)(a), after “made available” insert “in respect of the

school”;

(b) in subsection (6), at the end, insert “This subsection is subject to

35subsection (9).”;

(c) in subsection (7), for “to a school’s” substitute “in respect of a school to

the school’s”;

(d) after subsection (8) insert—

“(9) If the school is a federated school, the questions of —

(a) 40whether the school has a surplus, and

(b) if so, the amount of the surplus,

are to be determined in accordance with regulations.”

(5) In section 17 (interpretation of Act), in subsection (2), after the definition of “the

conversion date” insert—

• ““federated school” has the meaning given by section 24(2) of EA
  
  2002;”.

56 Transfer of property, rights and liabilities to Academies

(1) 5Section 8 of AA 2010 (transfer of other property) is amended as follows.

(2) For subsection (2) substitute—

“(2) The Secretary of State may make a scheme (a “transfer scheme”) in

relation to—

(a) property used or held for the purposes of the school by a local

10authority or the school’s governing body, and

(b) rights and liabilities (including rights and liabilities in relation

to staff) of the local authority or the governing body which were

acquired or incurred for the purposes of the school.”

(3) In subsections (3) to (10), for “property transfer scheme” (in each place)

15substitute “transfer scheme”.

(4) In subsection (4), for “the proprietor of the Academy” substitute “a person

concerned with the running of the Academy”.

(5) For the heading substitute “Transfer schemes: other property, rights and

liabilities”.

20Academies: other provisions

57 Academies: new and expanded educational institutions

(1) For section 9 of AA 2010 (impact: additional schools) substitute—

“9 Impact: new and expanded educational institutions

(1) This section applies if the Secretary of State is deciding whether to enter

25into Academy arrangements in relation to—

(a) a new educational institution, or

(b) an existing educational institution that, if the arrangements are

entered into, will provide education for pupils of a wider range

of ages.

(2) 30The Secretary of State must take into account what the impact of

entering into the arrangements would be likely to be on maintained

schools, Academies, institutions within the further education sector

and alternative provision in the area in which the institution is

proposed to be, or is, situated.

(3) 35An educational institution is not new for the purposes of this section

if—

(a) it replaces one or more maintained schools, Academies or sixth

form colleges that have been or are to be discontinued, and

(b) it provides education for persons of the same range of ages as

40the institution it replaces (or, as the case may be, the institutions

it replaces, taken together).

(4) “Alternative provision” means educational provision for which a local

authority has made arrangements under section 19 of EA 1996

(exceptional provision of education in pupil referral units or

elsewhere).”

(2) 5For section 10 of AA 2010 (consultation: additional schools) substitute—

“10 Consultation: new and expanded educational institutions

(1) This section applies before a person enters into Academy arrangements

with the Secretary of State in relation to—

(a) a new educational institution, other than a new educational

10institution that is the subject of proposals under section 7 of EIA

2006 (proposals to establish new school following invitation

from local authority), or

(b) an existing educational institution that, if the arrangements are

entered into, will provide education for pupils of a wider range

15of ages.

(2) The person must carry out a consultation on the question of whether

the arrangements should be entered into.

(3) The consultation must seek the views of such persons as the person

carrying it out thinks appropriate.

(4) 20Section 9(3) (when educational institution not new) applies for the

purposes of this section.”

58 Staff at Academies with religious character

(1) Part 5A of SSFA 1998 (employment of teachers at independent schools having

a religious character) is amended as set out in subsections (2) and (3).

(2) 25In section 124A (employment of teachers at independent schools having a

religious character), in subsection (1), at the end insert “, other than an

Academy to which section 124AA applies”.

(3) After section 124A, insert—

“124AA Staff at certain Academies with religious character

(1) 30This section applies if—

(a) an Academy order has been made in respect of a foundation or

voluntary controlled school which is designated by order under

section 69(3) as a school having a religious character,

(b) the school has been converted into an Academy (see section 4(3)

35of the Academies Act 2010), and

(c) the Secretary of State has not made an order in respect of the

school under subsection (2).

(2) The Secretary of State may by order provide that this section does not

apply to a school specified in the order.

(3) 40Where there are more than two teachers at the Academy, the teachers

must include persons who—

(a) are selected for their fitness and competence to give religious

education in accordance with the tenets of the religion or the

religious denomination specified in relation to the Academy in

the order under section 69(3) (as applied by section 6(8) of the

Academies Act 2010), and

(b) are specifically appointed to do so.

A teacher employed or engaged at the Academy in pursuance of this

5subsection is a “reserved teacher”, and any other teacher at the

Academy is a “non-reserved teacher”.

(4) The number of reserved teachers in the Academy must not exceed one-

fifth of the total number of teachers, including the principal (and for

this purpose, where the total number of teachers is not a multiple of

10five, it is to be treated as if it were the next higher multiple of five).

(5) In connection with the appointment of a person to be the principal of

the Academy, in a case where the principal is not to be a reserved

teacher, regard may be had to that person’s ability and fitness to

preserve and develop the religious character of the Academy.

(6) 15Preference may be given, in connection with the appointment,

promotion or remuneration of reserved teachers at the Academy, to

persons—

(a) whose religious opinions are in accordance with the tenets of

the religion or the religious denomination specified in relation

20to the Academy in the order under section 69(3) (as applied by

section 6(8) of the Academies Act 2010), or

(b) who attend religious worship in accordance with those tenets,

or

(c) who give, or are willing to give, religious education at the

25Academy in accordance with those tenets.

(7) Regard may be had, in connection with the termination of employment

or engagement of any reserved teacher at the Academy, to any conduct

on the part of the teacher which is incompatible with the precepts, or

with the upholding of the tenets, of the religion or religious

30denomination specified in the order under section 69(3) (as applied by

section 6(8) of the Academies Act 2010).

(8) No person, other than a reserved teacher, is to be disqualified by reason

of their religious opinions, or of their attending or omitting to attend

religious worship—

(a) 35from being a teacher at the Academy, or

(b) from being employed or engaged for the purposes of the

Academy otherwise than as a teacher.

(9) A non-reserved teacher must not be required to give religious

education.

(10) 40A non-reserved teacher must not receive any less remuneration than

any other non-reserved teacher, or be deprived of, or disqualified for,

any promotion or other advantage available to other non-reserved

teachers—

(a) for the reason that the teacher gives, or does not give, religious

45education, or

(b) for reasons related to the teacher’s religious opinions or to the

teacher’s attending or omitting to attend religious worship.”

(4) In consequence of the amendments made by subsections (2) and (3)—

(a) in the title to Part 5A of SSFA 1998, for “Employment of Teachers”

substitute “Teachers and Staff”;

(b) in section 138 of SSFA 1998 (orders and regulations), in subsection

(2)(a), after “111(3)(a)” insert “, 124AA(2)”;

(c) 5in paragraph 4 of Schedule 22 to the Equality Act 2010 (educational

appointments etc based on religious belief), at the end insert—

“(d) section 124AA(5) to (7) of that Act (religious

considerations relating to certain teachers at

Academies with religious character).”

59 10Academies: land

Schedule 14 (Academies: land) has effect.

60 Academy admissions arrangements: references to adjudicator

(1) Chapter 1 of Part 3 of SSFA 1998 (school admissions: admission arrangements)

is amended as follows.

(2) 15In section 88 (admission authorities and admission arrangements)—

(a) in subsection (1), omit the “and” at the end of paragraph (a);

(b) in that subsection, at the end, insert “; and

(c) in relation to an Academy, means the proprietor of the

Academy.”;

(c) 20in subsection (2), omit “maintained”.

(3) In section 88H (reference of objections to adjudicator)—

(a) after subsection (1), insert—

“(1A) This section also applies where admission arrangements for an

Academy have been determined by the proprietor of an

25Academy under Academy arrangements.”;