Education Bill (HL Bill 98)

(11) In section 508C (local authorities in England: travel arrangements etc for
children other than eligible children), in subsection (6)(b), after “further
education sector” insert “, or 16 to 19 Academy,”.

(12) In section 508G (local authorities in England: transport policy statements for
5young adults subject to learning difficulty assessment), in subsection (1),
after paragraph (b) insert—

“(ba) proprietors of 16 to 19 Academies in the authority’s area,”.

(13) In section 509AA (local authorities in England: provision of transport etc for
persons of sixth form age)—

(a) 10in subsection (2), omit the “or” at the end of paragraph (c) and after
that paragraph insert—

“(ca) at any 16 to 19 Academy, or”;

(b) in subsection (2)(d), for “or (c)” substitute “, (c) or (ca)”.

(14) In section 510 (provision of clothing), in subsection (4)(b), after “further
15education sector” insert “or a 16 to 19 Academy”.

(15) In section 537 (power of Secretary of State to require information from
governing bodies etc), in subsection (1)(b), after “every” insert “(i)” and at
the end insert “or

(ii) alternative provision Academy which is not an
20independent school,”.

(16) In section 557 (adoption of statutory trusts), in subsection (10), in the
definition of “relevant school”, for “Academy,” substitute “Academy school,
alternative provision Academy,”.

(17) In section 579(1) (general interpretation)—

(a) 25in the definition of “Academy”, for “a school” substitute “an
educational institution”;

(b) after the definition of “Academy order” insert—

• ““Academy school”, “16 to 19 Academy” and
  “alternative provision Academy” have the meanings
  30given by sections 1A, 1B and 1C respectively of that
  Act;”;

(c) in the definition of “proprietor”—

(i) after “a school” insert “or a 16 to 19 Academy”;

(ii) after “the school” insert “or Academy”.

(18) 35In section 580 (index), at the appropriate places insert the following entries—

(19) 40In paragraph 15(2) of Schedule 1 (management committees of pupil referral

units), after paragraph (g) insert—

“(ga) about the effect of closure of a pupil referral unit on
members of the management committee for the unit or
members of any sub-committee;”.

(20) 5In paragraph 15(2) of Schedule 35B (travel arrangements for eligible
children: meaning of “qualifying school”), in paragraph (f), for “or an
Academy” substitute “, an Academy school or an alternative provision
Academy”.

10 (1) SSFA 1998 is amended as follows.

(2) 10In section 77 (control of disposals or changes in use of school playing fields)
(as amended by Schedule 14)—

(a) in subsection (2B)(c)(ii), for “of Academy” substitute “of Academy
school”;

(b) in subsection (3), for “Academy” (in both places) substitute
15“Academy school”;

(c) in subsection (4B), for “Academy” substitute “Academy school”.

(3) In section 88 (admission authorities and admission arrangements), in
subsection (1)(c) (inserted by section 62), for “Academy” (in both places)
substitute “Academy school”.

(4) 20In section 88H (reference of objections to adjudicator) (as amended by
section 62)—

(a) in subsection (1A), for “an Academy” (in both places) substitute “an
Academy school”;

(b) in subsection (6)(b), for “Academy” substitute “Academy school”.

(5) 25In section 88I (other functions of adjudicator relating to admission
arrangements), in subsection (1)(b) (inserted by section 62), for “Academy”
substitute “Academy school”.

(6) In section 88K (sections 88H and 88I: supplementary) (as amended by
section 62)—

(a) 30in subsection (4)(a), for “Academy” substitute “Academy school”;

(b) in subsection (5)(b), for “an Academy” substitute “an Academy
school”.

(7) In section 88P (reports by local authorities), in subsection (3)(b), for
“Academy” substitute “Academy school”.

(8) 35In section 88Q (reports under section 88P: provision of information), in
subsection (2)(d)(i), for “Academy” substitute “Academy school”.

(9) In section 110 (home-school agreements), in subsection (1)(b), for
“Academy” substitute “Academy school”.

11 In section 24 of the Anti-social Behaviour Act 2003 (sections 19 to 22A and
4024: interpretation)—

(a) in the definition of “governing body”, for “Academy” substitute
“Academy school, alternative provision Academy”;

(b) in the definition of “relevant school”, for paragraph (e) substitute—

“(e) an Academy school,

(ea) 45an alternative provision Academy,”.

12 In section 14 of the International Development Act 2002 (functions of the
Commonwealth Scholarship Commission etc), in subsection (1)(b)(i), after
“higher education sector” insert “, at 16 to 19 Academies”.

13 (1) EA 2002 is amended as follows.

(2) 5In section 135A (requirement to serve induction period: teachers in England)
(inserted by section 9)—

(a) in subsection (1)(d), after “prescribed description)” insert “or a 16 to
19 Academy”;

(b) in subsection (2)(k), for “or to institutions within the further
10education sector” substitute “institutions within the further
education sector or 16 to 19 Academies”;

(c) in subsection (5), after “further education sector” insert “or a 16 to 19
Academy”.

(3) In section 141A (teacher misconduct: teachers to whom sections 141B to 141E
15apply) (inserted by section 8), in subsection (1), after paragraph (b) insert—

“(ba) a 16 to 19 Academy,”.

(4) In section 141D (supply of information following dismissal, resignation etc)
(inserted by section 8), in subsection (4), in paragraph (c) of the definition of
“relevant employer”, after “school” insert “or 16 to 19 Academy”.

(5) 20In section 203 (further education institutions: hazardous material, etc)—

(a) after subsection (1) insert—

“(1A) The Secretary of State may by regulations require the
proprietor of a 16 to 19 Academy to prevent the use in the
Academy of specified equipment or specified materials
25without the approval of the Secretary of State.”;

(b) in subsection (5), at the end insert “and “proprietor” has the same
meaning as in the Education Act 1996”.

14 In section 71 of the Income Tax (Trading and Other Income) Act 2005
(educational establishments for the purposes of section 70), in subsection (1),
30omit the “or” after paragraph (c) and after paragraph (d) insert “, or

(e) a 16 to 19 Academy.”

15 (1) EA 2005 is amended as follows.

(2) In section 5 (duty to inspect certain schools at prescribed intervals), in
subsection (2), for paragraph (d) substitute—

“(d) 35Academy schools,

(da) alternative provision Academies,”.

(3) In section 113 (information about the school workforce: introductory), in
subsection (2)(c), after “institution” insert “or a 16 to 19 Academy”.

16 (1) EIA 2006 is amended as follows.

(2) 40In section 7 (invitation for proposals for establishment of new schools), in
subsection (2)(b), for “Academy” substitute “Academy school”.

(3) In section 100 (duty of governing body or proprietor where pupil excluded
for fixed period), in subsection (5), in the definition of “governing body”, for
“Academy,” substitute “Academy school, an alternative provision
45Academy,”.

(4) In section 104 (notice to parent relating to excluded pupil), in subsection (8),
in paragraph (c) of the definition of “the appropriate authority”, for
“Academy,” substitute “Academy school, an alternative provision
Academy,”.

(5) 5In section 111 (meaning of “maintained school” and “relevant school” in
Chapter 2 of Part 7), in the definition of “relevant school”, for paragraph (b)
substitute—

“(b) an Academy school,

(ba) an alternative provision Academy,”.

(6) 10In section 123 (inspections: education and training to which Chapter
applies), in subsection (1) after paragraph (b) insert—

“(ba) education provided in 16 to 19 Academies;”.

(7) In section 125 (inspection of further education institutions), in subsection (1)
(amended by section 41), after “sector” insert “, and all 16 to 19 Academies,”.

(8) 15In Schedule 2 (consideration, approval and implementation of proposals for
establishment or discontinuance of schools in England), in paragraph 3A(a)
(inserted by Schedule 11), for “an Academy” substitute “an Academy
school”.

17 (1) The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

(2) 20In section 21 (controlled activity relating to children), in subsection (4), after
“Education Act 2002)” insert “or a 16 to 19 Academy”.

(3) In section 59 (meaning of “vulnerable adults”), in subsection (3), after
paragraph (d) insert—

“(e) a 16 to 19 Academy which provides accommodation for
25children.”

18 In section 71 of the Corporation Tax Act 2009 (educational establishments for
the purposes of section 70), in subsection (1), omit the “or” after paragraph
(c) and after paragraph (d) insert “, or

(e) a 16 to 19 Academy.”

19 30In section 23 of ASCLA 2009 (duty to prepare and submit draft specification
of apprenticeship standards: England), in subsection (2)(b), omit the “and”
after sub-paragraph (ii), and after that sub-paragraph insert—

“(iia) 16 to 19 Academies, and”.

20 (1) The Equality Act 2010 is amended as follows.

(2) 35In section 91 (students: admission and treatment, etc)—

(a) in subsection (10), after paragraph (c) insert—

“(d) a 16 to 19 Academy.”;

(b) in subsection (12), after paragraph (a) insert—

“(aa) in the case of an institution within subsection (10)(d),
40the proprietor (within the meaning of the Education
Act 1996);”.

(3) In Schedule 10 (accessibility for disabled pupils), in paragraph 5(3), for
paragraph (b) substitute—

“(b) Academy schools;

(c) 45alternative provision Academies.”

(4) In Schedule 17 (disabled pupils: enforcement), in paragraph 13(5)(b), for
“Academy” substitute “Academy school or an alternative provision
Academy”.

Section 61

SCHEDULE 14 5Academies: land

Schedule 1 to AA 2010

1 For Schedule 1 to AA 2010 (Academies: land) substitute—

Section 13

“Schedule 1 Academies: land

Part 1 10Land held by a local authority

Transfer scheme where land ceases to be used for purposes of a school or 16 to 19
Academy

1 (1) The Secretary of State may make a scheme in relation to land if the
requirements in sub-paragraph (2) are met.

(2) 15The requirements are as follows—

(a) a local authority holds a freehold or leasehold interest in
the land when the scheme is made;

(b) at any time in the period of eight years ending with the day
on which the scheme is made the land was used wholly or
20mainly for the purposes of a school or a 16 to 19 Academy;

(c) at the time the scheme is made the land is no longer used
for the purposes of the school or 16 to 19 Academy
mentioned in paragraph (b) or the Secretary of State thinks
it is about to be no longer so used.

(3) 25The scheme must meet the requirements in paragraph 3(1).

Transfer scheme following proposals for establishment of new Academy

2 (1) The Secretary of State may make a scheme in relation to land if the
requirements in sub-paragraph (2) are met.

(2) The requirements are as follows—

(a) 30a local authority holds a freehold or leasehold interest in
the land when the scheme is made;

(b) the land forms the whole or part of a site specified in a
notification given to the Secretary of State under section 6A
of EIA 2006, or a notice published under section 7 of that
35Act, (proposals for new schools) as a possible site for a new
school;

(c) before making the scheme, the Secretary of State consulted
the authority.

(3) The scheme must meet the requirements in paragraph 3(1).

Transfer schemes under paragraphs 1 and 2: general

3 (1) These requirements must be met as regards a scheme under
paragraph 1 or 2—

(a) 5the scheme must provide for a transfer of the land or such
part of it as is specified in the scheme;

(b) the scheme must specify whether the transfer is the
transfer of a freehold or leasehold interest in the land or the
grant of a lease in respect of the land (see paragraph 22(4));

(c) 10the transfer must be to a person who is specified in the
scheme and is concerned with the running of an Academy;

(d) the transfer must be made to the transferee for the
purposes of the Academy;

(e) in the case of a scheme under paragraph 2, the Academy
15must have been the subject of proposals under section 6A
or 7 of EIA 2006;

(f) the scheme must make provision about the transfer to the
transferee of any right or liability held by the local
authority as holder of the land or specified part concerned.

(2) 20In sub-paragraph (1) the reference to a right or liability—

(a) includes a reference to a right or liability as a trustee, but

(b) excludes a reference to a liability in respect of the principal
of or interest on a loan.

(3) A scheme may include incidental, consequential, supplemental
25and transitional provision.

(4) A scheme under paragraph 1 must be so expressed that it does not
come into force while the land concerned is used for the purposes
of the school or 16 to 19 Academy mentioned in paragraph 1(2)(b).

(5) A scheme comes into force—

(a) 30on the day it specifies for it to come into force, or

(b) on the day it otherwise identifies as the day for it to come
into force.

(6) When a scheme comes into force it has effect to transfer (in
accordance with its provisions) the land, rights and liabilities to
35which it applies.

(7) A transfer made by virtue of a scheme is binding on all persons
even if, apart from this sub-paragraph, it would have required the
consent or concurrence of any person.

Restriction on disposal of land held by local authority for purposes of a school or 16 to
4019 Academy

4 (1) Sub-paragraph (2) applies if—

(a) a freehold or leasehold interest in land is held by a local
authority,

(b) the authority proposes to make a disposal in respect of the
45land, and

(c) at any time in the period of eight years ending with the day
on which the disposal is proposed to be made, the land
was used wholly or mainly for the purposes of a school or
a 16 to 19 Academy.

(2) 5Unless the Secretary of State consents, the authority must not
make the disposal.

(3) Sub-paragraph (2) does not apply to a disposal made in pursuance
of a contract made, or option granted, before 26 July 2002.

(4) A disposal is not invalid only because it is made in contravention
10of sub-paragraph (2).

(5) A person acquiring land, or entering into a contract to acquire it, is
not to be concerned to enquire whether the consent required by
sub-paragraph (2) has been given.

5 (1) This paragraph applies if a local authority has made a disposal in
15contravention of paragraph 4(2).

(2) In a case where the authority has made a disposal within the
meaning of this Schedule because it has granted an option (see
paragraph 22(5)(d)), the Secretary of State may by notice served on
the option holder repudiate the option at any time before it is
20exercised.

(3) In a case where the authority has made a disposal within the
meaning of this Schedule because it has entered into a contract to
dispose of land (see paragraph 22(5)(c)), the Secretary of State may
by notice served on the other party to the contract repudiate it at
25any time before a conveyance of the land is executed.

(4) A repudiation under sub-paragraph (2) or (3) has effect—

(a) when the notice is served, and

(b) as if the repudiation were made by the authority.

(5) In a case where the land has been transferred (whether or not in
30pursuance of an option or contract falling within sub-paragraph
(2) or (3)) the Secretary of State may purchase the land
compulsorily.

(6) The Acquisition of Land Act 1981 applies in relation to the
compulsory purchase of land under sub-paragraph (5).

(7) 35On completion of a compulsory purchase of land under sub-
paragraph (5) the Secretary of State must transfer it to a person
concerned with the running of an Academy.

(8) If the Secretary of State acquires land by compulsory purchase
under sub-paragraph (5), the Secretary of State is entitled to
40recover from the authority an amount equal to the aggregate of—

(a) the compensation agreed or awarded in respect of the
purchase,

(b) any interest payable by the Secretary of State in respect of
the compensation, and

(c) the costs and expenses incurred by the Secretary of State in
connection with the making of the compulsory purchase
order.

(9) The authority must provide the Secretary of State with such
5information as the Secretary of State may require it to provide in
connection with a compulsory purchase under sub-paragraph (5).

Restriction on appropriation of land held by local authority for purposes of a school or
16 to 19 Academy

6 (1) Sub-paragraph (2) applies if—

(a) 10a freehold or leasehold interest in land is held by a local
authority,

(b) the authority proposes to make an appropriation of the
land under section 122 of the Local Government Act 1972,
and

(c) 15at any time in the period of eight years ending with the day
on which the appropriation is proposed to be made the
land was used wholly or mainly for the purposes of a
school or a 16 to 19 Academy.

(2) Unless the Secretary of State consents, the authority must not
20make the appropriation.

7 (1) This paragraph applies if a local authority has made an
appropriation in contravention of paragraph 6(2).

(2) The Secretary of State may purchase the land concerned
compulsorily.

(3) 25Paragraph 5(6) to (9) apply to a compulsory purchase of land
under sub-paragraph (2) as they apply to a compulsory purchase
of land under paragraph 5(5).

Class consents

8 For the purposes of paragraphs 4(2) and 6(2), the consent of the
30Secretary of State—

(a) may be given in relation to a particular case or class of case,
and

(b) may be given subject to conditions.

Duty to inform Secretary of State on proposed change of use of land used for purposes
35of a school or 16 to 19 Academy

9 (1) Sub-paragraph (2) applies if—

(a) a freehold or leasehold interest in land is held by a local
authority,

(b) the authority proposes to change the use of the land in
40such a way that (were the change made) the land would
cease to be capable of use wholly or mainly for the
purposes of a school or a 16 to 19 Academy, and

(c) at any time in the period of eight years ending with the
date of the proposed change of use the land was used

wholly or mainly for the purposes of a school or a 16 to 19
Academy.

(2) The authority must inform the Secretary of State of the proposal.

Part 2 5Land held by a governing body, a foundation body or trustees

Power of Secretary of State to make direction where Academy order made

10 (1) This paragraph applies where—

(a) an Academy order has effect in respect of—

(i) a voluntary school,

(ii) 10a foundation school, or

(iii) a foundation special school, and

(b) the school is to be converted into an Academy.

(2) The Secretary of State may make one or more of the directions
listed in sub-paragraph (3) in respect of publicly funded land
15which is held for the purposes of the school by—

(a) the governing body of the school,

(b) the foundation body of the school, or

(c) the trustees of the school.

(3) The directions are—

(a) 20that the land or any part of the land be transferred to such
local authority as the Secretary of State may specify,
subject to the payment by that authority of such sum by
way of consideration (if any) as the Secretary of State
determines to be appropriate;

(b) 25that the governing body, the foundation body or the
trustees, as the case may be, pay, either to the Secretary of
State or to such local authority as the Secretary of State may
specify, the whole or any part of the value, as at the date of
the direction, of the whole or any part of the land;

(c) 30that the land or any part of the land be transferred to a
person concerned with the running of the Academy,
subject to the payment by that person or the Secretary of
State of such sum by way of consideration (if any) as the
Secretary of State determines to be appropriate.

(4) 35Unless otherwise specified in the direction, any transfer of land
pursuant to sub-paragraph (3) is to take place on the conversion
date.

Power of Secretary of State to make direction on discontinuance of foundation,
voluntary or foundation special school

11 (1) 40This paragraph applies where the Secretary of State has received
an application under sub-paragraph (2), (3) or (4ZA) of paragraph
5 of Schedule 22 to SSFA 1998 (application in respect of land held
by governing body, foundation body or trustees on
discontinuance of school).

(2) The Secretary of State may direct that the land or any part of the
land to which the application relates be transferred to a person
concerned with the running of an Academy, subject to the
payment by that person or the Secretary of State of such sum by
5way of consideration (if any) as the Secretary of State determines
to be appropriate.

Power of Secretary of State to make direction on proposed disposal of school land

12 (1) This paragraph applies where the Secretary of State has received a
notice under any of the following paragraphs of Schedule 22 to
10SSFA 1998—

(a) paragraph A1A(4) (notice by governing body of intention
to dispose of publicly funded land);

(b) paragraph A7A(4) (notice by foundation body of intention
to dispose of publicly funded land);

(c) 15paragraph A13A(6) (notice by trustees of intention to
dispose of publicly funded land);

(d) paragraph A23(4)(b) (notice by local authority of intention
to apply for transfer order in respect of publicly funded
land).

(2) 20The Secretary of State may direct that the land or any part of the
land to which the notice relates be transferred to a person
concerned with the running of an Academy, subject to the
payment by that person or the Secretary of State of such sum by
way of consideration (if any) as the Secretary of State determines
25to be appropriate.

Transfer of land and other property on dissolution of governing body

13 (1) This paragraph applies where a governing body of a school are to
be dissolved by virtue of paragraph 5(2)(a)(iv) of Schedule 1 to EA
2002 (dissolution of governing body on conversion date following
30Academy order).

(2) Where a governing body are so dissolved, the following are
transferred as provided in sub-paragraph (3)—

(a) all publicly funded land which is held by the governing
body for the purposes of the school and which is not
35transferred on the conversion date (pursuant to a direction
under paragraph 10 or otherwise);

(b) all other property of the governing body which is used or
held for the purposes of the school;

(c) all rights and liabilities of the governing body (including
40rights and liabilities in relation to staff) which were
acquired or incurred for the purposes of the school.

(3) The land, other property, rights and liabilities are, on the
conversion date, transferred to, and by virtue of this Act vest in—

(a) the local authority that maintained the school, or

(b) 45such person concerned with the running of an Academy as
the Secretary of State directs before the conversion date.

(4) Sub-paragraph (2) does not apply to—