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EDUCATION AND ADOPTION BILL |
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[The page and line references are to HL Bill 64, the bill as first printed for the Lords] |
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1 | Page 1, line 10, leave out from “if” to end of line 14 and insert— |
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| “(a) | the school is coasting, and |
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| (b) | the Secretary of State has notified the governing body that it is |
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2 | Page 1, line 14, at end insert— |
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| “( ) | The Secretary of State may by regulations provide that this section |
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| does not apply in relation to a school of a description specified in |
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3 | Page 1, line 15, leave out “may” and insert “must” |
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4 | Page 1, line 16, leave out “for the purposes of subsection (1)” and insert “to which |
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5 | Page 1, line 16, at end insert— |
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| “( ) | In section 182 (Parliamentary control of orders and regulations), in |
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| subsection (3), after paragraph (a) insert— |
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| “(aza) | the first regulations to be made under section 60B(2) |
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| (regulations defining “coasting” in relation to a school),”.” |
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Bill 129ame: Date: : 5.0.04 56/1 |
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6 | Page 3, line 39, at end insert— |
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| “(5) | In section 69B (power of Secretary of State to direct local authority), in |
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| (b) | in paragraph (d), for “60A(10)” substitute “60A(1)(b)”.” |
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7 | Insert the following new Clause— |
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| | “Duty to communicate information about plans to improve school |
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| After section 5D of the Academies Act 2010 (inserted by section 12 above) |
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| “5E | Duty to communicate information about plans to improve school |
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| (1) | Before a maintained school in England which is causing concern is |
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| converted into an Academy, the proposed proprietor of the |
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| Academy must communicate to the registered parents of registered |
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| pupils at the school information about the proposed proprietor’s |
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| plans to improve the school. |
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| (2) | For the purposes of subsection (1)— |
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| (a) | the “proposed proprietor of the Academy” is the person |
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| with whom the Secretary of State proposes to enter or has |
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| entered into Academy arrangements in respect of the |
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| (b) | a school is “causing concern” if it is eligible for intervention |
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| within the meaning of Part 4 of EIA 2006.”” |
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8 | Insert the following new Clause— |
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| | “Academies causing concern |
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| After section 2 of the Academies Act 2010 insert— |
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| “2A | Academy agreements: provision about failing schools |
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| (1) | An Academy agreement in respect of an Academy school or an |
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| alternative provision academy must include provision allowing the |
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| Secretary of State to terminate the agreement if— |
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| (a) | special measures are required to be taken in relation to the |
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| (b) | the Academy requires significant improvement. |
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| (2) | The Academy agreement must require the Secretary of State, before |
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| terminating the agreement on one of those grounds, to give the |
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| proprietor an opportunity to make representations. |
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| (3) | For the purposes of this section special measures are required to be |
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| taken in relation to an Academy, or an Academy requires |
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| significant improvement, if the Chief Inspector has given notice |
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| under section 13(3)(a) of the Education Act 2005. |
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| 2B | Academy agreements: provision about coasting schools |
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| (1) | An Academy agreement in respect of an Academy school or an |
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| alternative provision academy must include provision allowing the |
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| Secretary of State to terminate the agreement if— |
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| (a) | the Academy is coasting, and |
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| (b) | the Secretary of State has notified the proprietor that it is |
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| (2) | The Academy agreement must require the Secretary of State, before |
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| terminating the agreement on that ground, to give the proprietor a |
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| termination warning notice. |
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| (3) | A termination warning notice is a notice requiring the proprietor— |
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| (a) | to take specified action to improve the Academy by a |
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| (b) | to respond to the Secretary of State by making |
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| representations, or by agreeing to take that action, by a |
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| (4) | The Academy agreement must provide that the power to terminate |
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| the agreement on the ground that the Academy is coasting is |
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| available only if the proprietor has failed to comply with a |
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| termination warning notice (whether by failing to take specified |
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| action, or to respond, on time). |
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| (5) | The Secretary of State may by regulations provide that this section |
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| does not apply in relation to an Academy of a description specified |
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| (6) | “Coasting”, in relation to an Academy to which this section applies, |
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| has the meaning given by regulations under subsection (2) of |
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| section 60B of the Education and Inspections Act 2006 in relation to |
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| a school to which that section applies. |
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| 2C | Sections 2A and 2B supplementary - new agreements |
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| (1) | An Academy agreement may include further provision about— |
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| (a) | the procedure for terminating the agreement in accordance |
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| with the provision required by section 2A or 2B; |
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| (b) | the consequences of terminating the agreement in |
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| accordance with that provision. |
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| (2) | This section does not apply to agreements made before the day on |
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| which section (Academies causing concern) of the Education and |
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| Adoption Act 2016 comes into force (but see section 2D). |
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| 2D | Sections 2A and 2B: supplementary - old agreements |
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| (1) | An old Academy agreement is to be treated as if it included the new |
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| (2) | A provision of an old Academy agreement that relates to the |
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| procedure for terminating the agreement does not apply to the new |
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| (3) | Subsections (4) and (5) apply where an old Academy agreement— |
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| (a) | contains provision about the consequences of terminating |
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| the agreement (“relevant provision”), and |
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| (b) | the relevant provision is expressed in a way that is capable |
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| of covering termination in accordance with the new |
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| (4) | The relevant provision applies to termination in accordance with |
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| the new termination powers. |
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| (5) | If the relevant provision sets out different consequences depending |
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| on whether the agreement is terminated on the ground that the |
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| proprietor has breached the Agreement or on other grounds, |
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| termination in accordance with the new termination powers is to be |
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| treated as termination on the grounds of breach by the proprietor. |
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| “new termination powers”, in relation to an Academy |
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| agreement, means the powers to terminate in accordance |
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| with the provision required by sections 2A and 2B; |
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| “old Academy agreement” means an Academy agreement |
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| made before the day on which section (Academies causing |
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| concern) of the Education and Adoption Act 2016 comes into |
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