Education Bill (HL Bill 98)

(2) In consequence of subsection (1)—

(a) in section 409 of EA 1996 (complaints and enforcement: maintained
schools)—

(i) in subsection (1), after “authority” insert “in Wales” and after
5“schools” insert “in Wales”;

(ii) in subsection (4), for “Secretary of State” substitute “Welsh
Ministers”;

(iii) in the heading, after “schools” insert “in Wales”;

(b) in section 496 of EA 1996 (power of Secretary of State to prevent
10unreasonable exercise of functions), omit subsections (3) and (4);

(c) in section 497 of EA 1996 (Secretary of State’s general default powers),
omit subsections (4) and (5);

(d) in paragraph 6 of Schedule 1 (pupil referral units: complaints)—

(i) in sub-paragraph (3), after “local authority” insert “in Wales”
15and after “unit” insert “in Wales”;

(ii) in sub-paragraph (4), for “Secretary of State” substitute “Welsh
Ministers”, after “any local authority” and “a local authority”
insert “in Wales”, and after “pupil referral unit” insert “in
Wales”;

(e) 20in paragraph 1 of Schedule 4 of the Local Government Act 1974
(disqualifications from acting as Local Commissioner or investigating
complaint), omit sub-paragraphs (2C) and (2D);

(f) in section 262(6) of ASCLA 2009 (statutory instruments subject to
affirmative procedure), omit paragraph (f);

(g) 25in Schedule 16 to ASCLA 2009 (repeals and revocations), omit Part 7
(complaints);

(h) section 22 of CSFA 2010 (amendments of sections 207 and 216 of
ASCLA 2009) is repealed.

Finance

45 30Local authorities’ financial schemes

(1) In Schedule 14 to SSFA 1998 (revision of local authority schemes), in paragraph
2A, at the end insert—

“(4) The 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
35date 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
fit.”

46 Payments in respect of dismissal, etc

(1) 40Section 37 of EA 2002 (payments in respect of dismissal, etc) is amended as
follows.

(2) After subsection (7), insert—

“(7A) Any 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
amount out of the school’s budget share will not to a significant extent
5interfere 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) Section 456 of EA 1996 (regulation of permitted charges) is amended as follows.

(2) 10In 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) In subsection (5), for “subsection (6)” substitute “subsections (6) and (6A)”.

(4) 15After 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
proportion of the costs, attributable to the provision of teaching staff
20employed 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 25Financing of pupil referral units

(1) Section 45 of SSFA 1998 (financing of maintained schools: maintained schools
to have budget shares) is amended as follows.

(2) In subsection (1A), omit “or” at the end of paragraph (b), and after paragraph
(c) insert “, or

(d) 30a pupil referral unit in England.”

(3) In subsection (3)—

(a) in paragraph (a), after “pupil referral units” insert “in Wales”;

(b) after paragraph (a) insert—

“(aa) references to the governing body of a maintained school
35or of a school maintained by a local authority shall be
read, in relation to a pupil referral unit in England, as
references to the management committee for the unit (in
spite of paragraph 1 of Schedule 1 to the Education Act
1996);

(ab) references to governors shall be read, in relation to a
pupil referral unit in England, as references to the
members of the management committee for the unit;”.

50 Repeal of provision changing name of pupil referral units

(1) 5ASCLA 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) for the heading, substitute “Regulations about pupil referral units”.

(3) 10For 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) in sub-paragraph (b), for “short stay schools”, in both places where it
15occurs, substitute “pupil referral units”.

Part 6 Academies

Academy arrangements

51 Academies: removal of requirement to have specialism

20In section 1(6) of AA 2010 (Academy arrangements: characteristics of
Academy) omit paragraph (b) (curriculum to have emphasis on particular
subject area).

52 Academy arrangements: post-16 education and alternative provision

(1) Section 1 of AA 2010 (Academy arrangements) is amended as set out in
25subsections (2) to (6).

(2) For subsection (5) substitute—

“(5) The undertakings are—

(a) to establish and maintain an educational institution in England
which meets the requirements of any of the following—

(i) 30section 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) Omit subsection (6).

(4) 35In 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) After 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) 5it has a curriculum satisfying the requirements of section 78 of
EA 2002 (balanced and broadly based curriculum),

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

(d) it provides education for pupils who are wholly or mainly
drawn from the area in which it is situated, and

(e) 10it is not an alternative provision Academy (see section 1C).

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

(a) it is an independent school, and

(b) it is specially organised to make special educational provision
15for pupils with special educational needs.

(3) An Academy which meets the requirements of this section is to be
known as an Academy school.

1B 16 to 19 Academies

(1) An educational institution meets the requirements of this section if it is
20principally concerned with providing full-time or part-time education
suitable to the requirements of persons over compulsory school age but
under 19.

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

(3) 25An Academy which meets the requirements of this section is to be
known as a 16 to 19 Academy.

1C Alternative 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
30education for children of compulsory school age who, by reason
of illness, exclusion from school or otherwise, may not
otherwise receive suitable education for any period,

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

(c) it provides education for children who are wholly or mainly
35drawn from the area in which it is situated.

(2) “Suitable education”, in relation to a child, means efficient education
suitable to the child’s age, ability and aptitude and to any special
educational needs the child may have.

(3) An Academy which meets the requirements of this section is to be
40known 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

referral 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
5Academies, Academy schools or 16 to 19 Academies—

(a) to apply in relation to alternative provision Academies, or a
description of alternative provision Academy, with or without
modifications;

(b) not to apply in relation to alternative provision Academies or a
10description of alternative provision Academy.

(3) Regulations may provide for a statutory provision relating to
alternative provision Academies or a description of alternative
provision Academy—

(a) to apply in relation to a description of alternative provision
15Academy, with modifications;

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

(4) “Statutory provision” means a provision made by or under this or any
other Act, whenever passed or made.”

53 20Consequential amendments: 16 to 19 Academies and alternative provision
Academies

(1) Schedule 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
25section 52 to any provision of—

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

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

(3) “Subordinate legislation” has the meaning given by section 21(1) of the
30Interpretation Act 1978.

Academy orders

54 Academy orders: involvement of religious bodies etc

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

(2) After subsection (1), insert—

“(1A) 35Before making an Academy order under subsection (1)(b) in respect of
a foundation or voluntary school that has a foundation, the Secretary of
State must consult—

(a) the trustees of the school,

(b) the person or persons by whom the foundation governors are
40appointed, 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) at the end insert “, and

(c) in the case of a foundation or voluntary school that has
5a foundation—

(i) the trustees of the school,

(ii) the person or persons by whom the foundation
governors are appointed, and

(iii) in the case of a school which has a religious
10character, the appropriate religious body.”

(4) In subsection (5)—

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

(b) at the end insert “, and

(c) in the case of a foundation or voluntary school that has
15a foundation—

(i) the trustees of the school,

(ii) the person or persons by whom the foundation
governors are appointed, and

(iii) in the case of a school which has a religious
20character, the appropriate religious body.”

(5) At the end, insert—

“(8) 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
25school, the appropriate diocesan authority;

(b) in 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.

(9) In the case of a school in relation to which there is more than one
30religion 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) In subsections (8) and (9), “specified” means specified in the order
under section 69(3) of SSFA 1998 relating to the school.

(11) 35Expressions used in this section and SSFA 1998 have the same meaning
as in that Act.”

55 Academies: consultation on conversion

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

“5 Consultation on conversion

(1) 40Before 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
45school.

(3) In the case of a school that is eligible for intervention (within the
meaning of Part 4 of EIA 2006), the consultation may be carried out
by—

(a) the school’s governing body, or

(b) 5a person with whom the Secretary of State proposes to enter
into Academy arrangements in respect of the school or an
educational institution that replaces it.

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

(5) 10The consultation must seek the views of such persons as the person
carrying it out thinks appropriate.

(6) In 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.”

56 15Academy conversions: federated schools

(1) AA 2010 is amended as follows.

(2) In 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
20who—

(a) together make up a proportion of the total number of members
that is specified in, or determined in accordance with,
regulations, and

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

(3) 25In 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
school is made”.

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

(a) in subsection (6)(a), after “made available” insert “in respect of the
30school”;

(b) in subsection (6), at the end, insert “This subsection is subject to
subsection (9).”;

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

(d) 35after subsection (8) insert—

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

(a) whether the school has a surplus, and

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

are to be determined in accordance with regulations.”

(5) 40In 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;”.

57 Transfer of property, rights and liabilities to Academies

(1) Section 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
5relation to—

(a) property used or held for the purposes of the school by a local
authority 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
10acquired or incurred for the purposes of the school.”

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

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

(5) 15For the heading substitute “Transfer schemes: other property, rights and
liabilities”.

Academies: other provisions

58 Academies: new and expanded educational institutions

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

“9 20Impact: new and expanded educational institutions

(1) This section applies if the Secretary of State is deciding whether to enter
into Academy arrangements in relation to—

(a) a new educational institution, or

(b) an existing educational institution that, if the arrangements are
25entered into, will provide education for pupils of a wider range
of ages.

(2) The 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
30and alternative provision in the area in which the institution is
proposed to be, or is, situated.

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

(a) it replaces one or more maintained schools, Academies or sixth
35form colleges that have been or are to be discontinued, and

(b) it provides education for persons of the same range of ages as
the 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
40authority has made arrangements under section 19 of EA 1996
(exceptional provision of education in pupil referral units or
elsewhere).”

(2) For 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) 5a new educational institution, other than a new educational
institution 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
10entered into, will provide education for pupils of a wider range
of 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
15carrying it out thinks appropriate.

(4) Section 9(3) (when educational institution not new) applies for the
purposes of this section.”

59 Charges at boarding Academies

After section 10 of AA 2010 insert—

“10A 20Charges at boarding Academies

(1) This section applies where—

(a) a registered pupil at an Academy is provided with board and
lodging at the Academy, and

(b) the local authority for the pupil’s area is satisfied that either
25condition A or condition B is met.

(2) Condition A is that education suitable to the pupil’s age, ability and
aptitude, and to any special educational needs the pupil may have,
cannot otherwise be provided for the pupil.

(3) Condition B is that payment of the full amount of the charges in respect
30of the board and lodging would involve financial hardship to the
pupil’s parent.

(4) If the authority is satisfied that condition A is met, the authority must
pay the full amount of the charges in respect of the board and lodging
to the proprietor of the Academy.

(5) 35If the authority is satisfied that condition B is met, the authority must
pay to the proprietor of the Academy so much of the charges in respect
of the board and lodging as, in the opinion of the authority, is needed
to avoid financial hardship to the pupil’s parent.

(6) The proprietor of the Academy must remit the charges that would
40otherwise be payable by the pupil’s parent, to the extent that it receives
a payment from the local authority in respect of those charges under
subsection (4) or (5).”

60 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) In section 124A (employment of teachers at independent schools having a
5religious 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) This section applies if—

(a) 10an 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)
of the Academies Act 2010), and

(c) 15the 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) Where there are more than two teachers at the Academy, the teachers
20must 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
25Academies Act 2010), and

(b) are specifically appointed to do so.

A teacher employed or engaged at the Academy in pursuance of this
subsection is a “reserved teacher”, and any other teacher at the
Academy is a “non-reserved teacher”.

(4) 30The 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
five, 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
35the 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) Preference may be given, in connection with the appointment,
promotion or remuneration of reserved teachers at the Academy, to
40persons—

(a) whose religious opinions are 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), or

(b) 45who attend religious worship in accordance with those tenets,
or