Education and Adoption Bill (HC Bill 4)

Schools causing concern: eligibility for intervention

1 Coasting schools

(1) The Education and Inspections Act 2006 is amended as follows.

(2) In section 59 (meaning of “maintained school” and “eligible for intervention”),
5in subsection (2), at the appropriate place insert—

“(None) “section 60B (coasting schools),”.”

(3) After section 60A insert—

“60AB Coasting schools

(1) A maintained school is by virtue of this section eligible for intervention if the
10governing body of the school—

(a) have been notified that the Secretary of State considers the school to be
coasting, and

(b) have not subsequently been notified that the Secretary of State no
longer considers the school to be coasting.

(2) 15The Secretary of State may by regulations define what “coasting”
means in relation to a school for the purposes of subsection (1).””

2 Performance standards and safety warning notices

(1) The Education and Inspections Act 2006 is amended as follows.

(2) In section 60 (performance standards and safety warning notice)—

(a) for “local authority”, in each place it occurs, substitute “relevant
authority”;

(b) for subsection (1) substitute—

“(1) 5A maintained school is by virtue of this section eligible for
intervention if—

(a) a relevant authority have given the governing body a
warning notice in accordance with subsection (2),

(b) the period for compliance specified in the notice (“the
10compliance period”) has expired,

(c) the governing body have failed to comply, or secure
compliance, with the notice to the relevant authority’s
satisfaction by the end of the compliance period, and

(d) the relevant authority have given reasonable notice in
15writing to the governing body that the authority
proposes to exercise the authority’s powers under any
one or more of sections 63 to 69 (whether or not the
notice is combined with a notice under section 62(2A)(c)
of SSFA 1998).”;”

(c) 20in subsection (4), for paragraph (c) (but not the “and” at the end)
substitute—

“(c) the compliance period for the purposes of subsection
(1)(c),”;”

(d) in subsection (4)(d), for “66” substitute “69”;

(e) 25after subsection (4) insert—

“(4A) If a local authority are notified that the Secretary of State has
given a warning notice to the governing body of a maintained
school the local authority may not give a warning notice unless
or until the Secretary of State informs them that they may.

(4B) 30If the Secretary of State gives a warning notice to the governing
body of a maintained school, any earlier warning notice given
to the maintained school by the local authority ceases to have
effect from that time.”;”

(f) omit subsection (5);

(g) 35after subsection (6) insert—

“(6A) If a local authority give a warning notice to the governing body
of a maintained school they must, at the same time, give a copy
of it to the Secretary of State.

(6B) If the Secretary of State gives a warning notice to the governing
40body of a maintained school the Secretary of State must, at the
same time, give a copy of it to the local authority.”;”

(h) omit subsections (7) to (9);

(i) for subsection (10) substitute—

“(10) In this section “relevant authority” means—

(a) 45the local authority, or

(b) the Secretary of State.””

(3) In section 63 (power of local authority to require governing body to enter into
arrangements), in subsection (3), for “section 60(10)” substitute “section
60(1)(b)”.

(4) In section 64 (power of local authority etc to appoint additional governors), in
5subsection (2), for “section 60(10)” substitute “section 60(1)(b)”.

(5) In section 66 (power of local authority to suspend right to delegated budget),
in subsection (2), for “section 60(10)” substitute “section 60(1)(b)”.

(6) Omit section 69A (power of Secretary of State to direct local authority to give
performance standards and safety warning notice).

(7) 10In section 73 (interpretation), omit the definition of “working day”.

3 Other warning notices

(1) The Education and Inspections Act 2006 is amended as follows.

(2) In section 60A (teachers’ pay and conditions warning notice)—

(a) for subsection (1) substitute—

“(1) 15A maintained school is by virtue of this section eligible for
intervention if—

(a) the local authority have given the governing body a
warning notice in accordance with subsection (2),

(b) the period for compliance specified in the notice (“the
20compliance period”) has expired,

(c) the governing body have failed to comply, or secure
compliance, with the notice to the local authority’s
satisfaction by the end of the compliance period, and

(d) the local authority have given reasonable notice in
25writing to the governing body that the authority
proposes to exercise the authority’s powers under any
one or more of sections 64 to 66.”;”

(b) in subsection (4), for paragraph (c) (but not the “and” at the end)
substitute—

“(c) 30the compliance period for the purposes of subsection
(1)(c),”;”

(c) omit subsection (5);

(d) in subsection (6), before paragraph (a) insert—

“(za) the Secretary of State,”;”

(e) 35omit subsections (7) to (10).

(3) In section 64 (power of local authority etc to appoint additional governors), in
subsection (2), for “section 60A(10)” substitute “section 60A(1)(b)”.

(4) In section 66 (power of local authority to suspend right to delegated budget),
in subsection (2), for “section 60A(10)” substitute “section 60A(1)(b)”.

Schools causing concern: intervention powers

4 Power to require governing body to enter into arrangements

Before section 67 of the Education and Inspections Act 2006 insert—

“66A Power of Secretary of State to require governing body to enter into
5arrangements

(1) If at any time a maintained school is eligible for intervention other than
by virtue of section 60A, then (subject to subsection (3)) the Secretary of
State may, with a view to improving the performance of the school,
give the governing body of the school a notice requiring the governing
10body—

(a) to enter into a contract or other arrangement with a specified
person (who may be the governing body of another school) for
the provision to the governing body of specified services of an
advisory nature,

(b) 15to make specified arrangements authorised by section 26 of EA
2002 (collaboration between schools) with the governing body
of such other school as may be specified,

(c) to make specified arrangements authorised by regulations
under section 166 of this Act (collaboration arrangements:
20maintained schools and further education bodies) with a
further education body within the meaning of that section, or

(d) to take specified steps for the purpose of creating or joining a
federation, as defined by section 24(2) of EA 2002.

(2) Before exercising the power conferred by subsection (1), the Secretary
25of State must consult—

(a) the governing body of the school,

(b) in the case of a foundation or voluntary school which is a
Church of England school or a Roman Catholic Church school,
the appropriate diocesan authority, and

(c) 30in the case of any other foundation or voluntary school, the
person or persons by whom the foundation governors are
appointed.

(3) Where the school is eligible for intervention by virtue of section 60
(school subject to performance standards and safety warning), the
35power conferred by subsection (1) is only exercisable within the period
of two months following the end of the compliance period (as defined
by section 60(1)(b)).

(4)
A notice under subsection (1)(a) may require the contract or other
arrangement to contain specified terms and conditions.””

5 40Appointment of interim executive members

In Schedule 6 to the Education and Inspections Act 2006 (governing bodies
consisting of interim executive members), after paragraph 5 insert—

“5A Where the appropriate authority is a local authority the Secretary of
State may give the local authority directions about—

(a) 45who to appoint as interim executive members;

(b) how many people to appoint as interim executive members;

(c) the terms of appointment of interim executive members;

(d) the termination of any appointment in accordance with
provision made under paragraph 5.””

6 5Interaction between intervention powers

(1) The Education and Inspections Act 2006 is amended as follows.

(2) In section 64 (power of local authority etc to appoint additional governors)—

(a) in subsection (1), for “subsections (1A) and (2)” substitute
“subsection (2)”;

(b) 10omit subsection (1A).

(3) After section 70 insert—

““Interaction between different intervention powers etc

70A Duties for local authorities and Secretary of State to notify each other

(1) A local authority must notify the Secretary of State before exercising a
15power under section 63, 64 or 66 in relation to a maintained school.

(2) The Secretary of State must notify the local authority before exercising
a power under any of sections 66A to 69 in relation to a maintained
school.

70B Restriction on use of local authority intervention powers

(1) 20This section applies where a local authority are notified that the
Secretary of State intends to exercise a power under any of sections 66A
to 69 in relation to a maintained school.

(2) The local authority may not use any of their powers under section 63,
64 or 66 in relation to the school unless or until the Secretary of State
25notifies them that they may.

70C Secretary of State’s power to take over responsibility for interim
executive members

(1) This section applies where a local authority have given the governing
body of a maintained school a notice under section 65 (governing body
30to consist of interim executive members).

(2) The Secretary of State may take over responsibility for arrangements in
connection with the interim executive members by giving notice to the
local authority and, where the Secretary of State does so—

(a) the notice given by the local authority in accordance with
35section 65 is to be treated as having been given by the Secretary
of State in accordance with section 69, and

(b) anything done by or in relation to the local authority under
Schedule 6 is to be treated as having been done by or in relation
to the Secretary of State.””

Schools causing concern: conversion into Academies

7 Duty to make Academy orders

(1) Section 4 of the Academies Act 2010 (Academy orders) is amended as follows.

(2) Before subsection (1) insert—

“(A1) 5The Secretary of State must make an Academy order in respect of a maintained
school in England that is eligible for intervention by virtue of section 61 or 62
EIA 2006 (schools requiring significant improvement or schools requiring
special measures).””

(3) In subsection (1)(b), after “(within the meaning of Part 4 of EIA 2006)” insert
10“other than by virtue of section 61 or 62 of EIA 2006”.

8 Consultation about conversion

For section 5 of the Academies Act 2010 (consultation on conversion)
substitute—

“5 Consultation about conversion: schools not eligible for intervention

(1) 15Before a maintained school in England is converted into an Academy,
the school’s governing body must consult such persons as they think
appropriate about whether the conversion should take place.

(2) But this section does not apply if an Academy order under
section 4(A1) or (1)(b) has effect in respect of the school.

(3) 20Consultation for the purposes of this section may be carried out before
or after an Academy order, or an application for an Academy order, has
been made in respect of the school.

(4) In the case of a federated school, the reference in subsection (1) to the
governing body includes a reference to any members of the governing
25body.””

9 Consultation about identity of Academy sponsor in certain cases

After section 5 of the Academies Act 2010 insert—

“5A Consultation about identity of Academy sponsor in certain cases

(1) This section applies where an Academy order under section 4(A1) has
30effect in respect of a foundation or voluntary school that has a
foundation.

(2) Before entering into Academy arrangements in relation to the school
the Secretary of State must consult the following about the identity of
the person with whom the arrangements are to be entered into—

(a) 35the 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 this section, “the appropriate religious body”, in relation to a school,
means—

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

(b) 5in any other case, such body or person representing the
specified religion or religious denomination as is prescribed
under section 88F(3)(e) of SSFA 1998.

(4) In the case of a school in relation to which there is more than one
religion or religious denomination specified, references to “the
10appropriate religious body” are to be read as references to both or all of
the bodies concerned.

(5) In subsections (3) and (4), “specified” means specified in the order
under section 69(3) of SSFA 1998 relating to the school.

(6) Expressions used in this section and SSFA 1998 have the same meaning
15as in that Act.””

10 Duty to facilitate conversion

After section 5A of the Academies Act 2010 (inserted by section 9 above)
insert—

“5B Duty to facilitate conversion

(1) 20Where an Academy order under section 4(A1) or (1)(b) has effect in
respect of a school, the governing body of the school and the local
authority must take all reasonable steps to facilitate the conversion of
the school into an Academy.

(2) Where the Secretary of State notifies the governing body or local
25authority that the Secretary of State is minded to enter into Academy
arrangements with a specified person, their duty under subsection (1)
includes a duty to take all reasonable steps to facilitate the making of
Academy arrangements with that person.””

11 Power to give directions to do with conversion

30After section 5B of the Academies Act 2010 (inserted by section 10 above)
insert—

“5C Power to give directions to do with conversion

(1) Where an Academy order under section 4(A1) or (1)(b) has effect in
respect of a school, the Secretary of State may direct the governing body
35of the school or the local authority to take specified steps for the
purpose of facilitating the conversion of the school into an Academy.

(2) A direction may, in particular, require the governing body or local
authority to prepare a draft of a scheme under section 8 or Part 1 of
Schedule 1.

(3) 40A direction may specify the period within which any steps must be
taken.””

12 Power to revoke Academy orders

After section 5C of Academies Act 2010 (inserted by section 11 above) insert—

“5D Power to revoke Academy orders under section 4(A1) or (1)(b)

(1) The Secretary of State may by order revoke an Academy order under
5section 4(A1) or (1)(b).

(2) If an Academy order is revoked the Secretary of State must give a copy
of the order to everyone to whom a copy of the Academy order was
given under section 4(4).

(3) Despite section 568(1) of EA 1996 (orders to be made by statutory
10instrument) (as applied by section 17(4) of this Act) the power of the
Secretary of State to make an order under this section is not required to
be exercised by statutory instrument.””

Adoption

13 Local authority adoption functions: joint arrangements

(1) 15The Adoption and Children Act 2002 is amended as follows.

(2) After section 3 insert—

“3ZA England - joint arrangements etc

(1) The Secretary of State may give directions requiring one or more local
authorities in England to make arrangements for all or any of their functions
20within subsection (3) to be carried out on their behalf by—

(a) one of those authorities, or

(b) one or more other adoption agencies.

(2) A direction under subsection (1) may, in particular—

(a) specify who is to carry out the functions, or

(b) 25require the local authority or authorities to determine who is to
carry out the functions.

(3) The functions mentioned in subsection (1) are functions in relation to—

(a) the recruitment of persons as prospective adopters;

(b) the assessment of prospective adopters’ suitability to adopt a
30child;

(c) the approval of prospective adopters as suitable to adopt a
child;

(d) decisions as to whether a particular child should be placed for
adoption with a particular prospective adopter;

(e) 35the provision of adoption support services.

(4) The Secretary of State may give a direction requiring a local authority
in England to terminate arrangements made in accordance with a
direction under subsection (1).

(5) A direction under this section may make different provision for
40different purposes.

(6) The Secretary of State may by regulations amend subsection (3).””

(3) Omit section 3A as inserted by the Children and Families Act 2014.

(4) In section 140(3) (subordinate legislation subject to affirmative procedure), for
paragraph (za) substitute—

“(za) under section 3ZA(6),”.”

5General

14 Consequential repeals

In consequence of the amendments made by this Act, omit the following—

(a) paragraphs 6(2) and (3) and 11 of Schedule 13 to the Apprenticeships,
Skills, Children and Learning Act 2009;

(b) 10sections 44(3) and 56 of the Education Act 2011;

(c) section 4 of the Children and Families Act 2014.

15 Transitional, saving and consequential provision

(1) The Secretary of State may by regulations make transitional or saving
provision in connection with the coming into force of any provision of this Act.

(2) 15The Secretary of State may by regulations, make provision that is consequential
on any provision of this Act.

(3) Regulations under subsection (2) may amend, repeal or revoke any provision
made by or under an Act passed or made before this Act or in the same Session.

(4) Regulations under this section are to be made by statutory instrument.

(5) 20A statutory instrument containing regulations under subsection (2) that amend
or repeal provision made by an Act may not be made unless a draft of the
statutory instrument has been laid before and approved by a resolution of each
House of Parliament.

(6) Any other statutory instrument containing regulations under subsection (2) is
25subject to annulment in pursuance of a resolution of either House of
Parliament.

16 Extent

This Act extends to England and Wales only.

17 Commencement

(1) 30Sections 15 and 16, this section and section 18 come into force on the day on
which this Act is passed.

(2) The other provisions of this Act come into force on such day as the Secretary of
State may by regulations made by statutory instrument appoint.

(3) Different days may be appointed for different purposes.

18 35Short title

This Act may be cited as the Education and Adoption Act 2015.