LORDS AMENDMENTS TO THE

EDUCATION AND ADOPTION BILL

[The page and line references are to HL Bill 64, the bill as first printed for the Lords]

Clause 1

Page 1, line 10, leave out from “if” to end of line 14 and insert—

“(a)    

the school is coasting, and

(b)    

the Secretary of State has notified the governing body that it is

coasting.”

Page 1, line 14, at end insert—

“( )    

The Secretary of State may by regulations provide that this section

does not apply in relation to a school of a description specified in

the regulations.”

Page 1, line 15, leave out “may” and insert “must”

Page 1, line 16, leave out “for the purposes of subsection (1)” and insert “to which

this section applies”

Page 1, line 16, at end insert—

“( )    

In section 182 (Parliamentary control of orders and regulations), in

subsection (3), after paragraph (a) insert—

“(aza)    

the first regulations to be made under section 60B(2)

(regulations defining “coasting” in relation to a school),”.”

Clause 3

Bill 129ame:       Date: :       5.0.04        56/1

Page 3, line 39, at end insert—

“(5)    

In section 69B (power of Secretary of State to direct local authority), in

subsection (3)—

(a)    

omit paragraph (c);

(b)    

in paragraph (d), for “60A(10)” substitute “60A(1)(b)”.”

After Clause 12

Insert the following new Clause—

“Duty to communicate information about plans to improve school

After section 5D of the Academies Act 2010 (inserted by section 12 above)

insert—

“5E    

Duty to communicate information about plans to improve school

(1)    

Before a maintained school in England which is causing concern is

converted into an Academy, the proposed proprietor of the

Academy must communicate to the registered parents of registered

pupils at the school information about the proposed proprietor’s

plans to improve the school.

(2)    

For the purposes of subsection (1)—

(a)    

the “proposed proprietor of the Academy” is the person

with whom the Secretary of State proposes to enter or has

entered into Academy arrangements in respect of the

school;

(b)    

a school is “causing concern” if it is eligible for intervention

within the meaning of Part 4 of EIA 2006.””

Insert the following new Clause—

“Academies causing concern

After section 2 of the Academies Act 2010 insert—

“2A    

Academy agreements: provision about failing schools

(1)    

An Academy agreement in respect of an Academy school or an

alternative provision academy must include provision allowing the

Secretary of State to terminate the agreement if—

(a)    

special measures are required to be taken in relation to the

Academy, or

(b)    

the Academy requires significant improvement.

(2)    

The Academy agreement must require the Secretary of State, before

terminating the agreement on one of those grounds, to give the

proprietor an opportunity to make representations.

(3)    

For the purposes of this section special measures are required to be

taken in relation to an Academy, or an Academy requires

significant improvement, if the Chief Inspector has given notice

under section 13(3)(a) of the Education Act 2005.

2B      

Academy agreements: provision about coasting schools

(1)    

An Academy agreement in respect of an Academy school or an

alternative provision academy must include provision allowing the

Secretary of State to terminate the agreement if—

(a)    

the Academy is coasting, and

(b)    

the Secretary of State has notified the proprietor that it is

coasting.

(2)    

The Academy agreement must require the Secretary of State, before

terminating the agreement on that ground, to give the proprietor a

termination warning notice.

(3)    

A termination warning notice is a notice requiring the proprietor—

(a)    

to take specified action to improve the Academy by a

specified date, and

(b)    

to respond to the Secretary of State by making

representations, or by agreeing to take that action, by a

specified date.

(4)    

The Academy agreement must provide that the power to terminate

the agreement on the ground that the Academy is coasting is

available only if the proprietor has failed to comply with a

termination warning notice (whether by failing to take specified

action, or to respond, on time).

(5)    

The Secretary of State may by regulations provide that this section

does not apply in relation to an Academy of a description specified

in the regulations.

(6)    

“Coasting”, in relation to an Academy to which this section applies,

has the meaning given by regulations under subsection (2) of

section 60B of the Education and Inspections Act 2006 in relation to

a school to which that section applies.

2C      

Sections 2A and 2B supplementary - new agreements

(1)    

An Academy agreement may include further provision about—

(a)    

the procedure for terminating the agreement in accordance

with the provision required by section 2A or 2B;

(b)    

the consequences of terminating the agreement in

accordance with that provision.

(2)    

This section does not apply to agreements made before the day on

which section (Academies causing concern) of the Education and

Adoption Act 2016 comes into force (but see section 2D).

2D      

Sections 2A and 2B: supplementary - old agreements

(1)    

An old Academy agreement is to be treated as if it included the new

termination powers.

(2)    

A provision of an old Academy agreement that relates to the

procedure for terminating the agreement does not apply to the new

termination powers.

(3)    

Subsections (4) and (5) apply where an old Academy agreement—

(a)    

contains provision about the consequences of terminating

the agreement (“relevant provision”), and

(b)    

the relevant provision is expressed in a way that is capable

of covering termination in accordance with the new

termination powers.

(4)    

The relevant provision applies to termination in accordance with

the new termination powers.

(5)    

If the relevant provision sets out different consequences depending

on whether the agreement is terminated on the ground that the

proprietor has breached the Agreement or on other grounds,

termination in accordance with the new termination powers is to be

treated as termination on the grounds of breach by the proprietor.

(6)    

In this section—

“new termination powers”, in relation to an Academy

agreement, means the powers to terminate in accordance

with the provision required by sections 2A and 2B;

“old Academy agreement” means an Academy agreement

made before the day on which section (Academies causing

concern) of the Education and Adoption Act 2016 comes into

force.””