Education Bill (HL Bill 108)

paragraph (b) insert “, and

(c) in relation to premises of a 16 to 19 Academy, the
proprietor.”;

(c) in subsection (6), omit the “and” after paragraph (a) and after
5paragraph (b) insert “, and

(c) in relation to an offence committed on premises of a
16 to 19 Academy, a person whom the proprietor has
authorised to bring such proceedings.”

(3) In section 85AA (power of members of staff to search students for prohibited
10items: England)—

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

(b) in subsection (6), in the definition of “member of staff”, after “further
education sector” insert “or a 16 to 19 Academy”.

(4) In section 85AB (power of search under section 85AA: supplementary), in
15subsection (3), after “England” insert “, or a principal of a 16 to 19
Academy,”.

(5) In section 85C (power of members of staff to use force)—

(a) in subsection (1), after “further education sector” insert “or is a 16 to
19 Academy”;

(b) 20in subsection (5), after “further education sector” insert “or a 16 to 19
Academy”.

9 (1) EA 1996 is amended as follows.

(2) In section 4 (schools: general)—

(a) in subsection (1), for “subsection (1A)” substitute “subsections (1A)
25to (1C)”;

(b) after subsection (1A) insert—

“(1B) A 16 to 19 Academy is not a school.

(1C) An alternative provision Academy is a school.”

(3) In section 11 (Secretary of State’s duty in the case of primary, secondary and
30further education)—

(a) in subsection (1)(a), omit the “or” after sub-paragraph (i) and after
sub-paragraph (ii) insert “or

(iii) in 16 to 19 Academies,”;

(b) in subsection (1)(b), for “or institutions within the further education
35sector” substitute “, institutions within the further education sector
or 16 to 19 Academies”;

(c) in subsection (2), for “and institutions within the further education
sector” substitute “, institutions within the further education sector
and 16 to 19 Academies”.

(4) 40In section 329A (review or assessment of educational needs at request of
responsible body), in subsection (12), after paragraph (d) insert—

“(da) an alternative provision Academy that is not an independent
school,”.

(5) In section 332B (special educational provision: resolution of disputes), in
45subsection (8)(c), for “or an Academy” substitute “, an Academy school or an
alternative provision Academy”.

(6) In section 337 (special schools), in paragraph (b), for “Academy” substitute
“Academy school”.

(7) In section 444 (offence: failure to secure regular attendance at school of
registered pupil), in subsection (7A)(a), for sub-paragraph (iii) substitute—

“(iii) 5an Academy school,

(iiia) an alternative provision Academy,”.

(8) In section 444ZA (application of section 444 to alternative education
provision), in subsection (8)—

(a) in paragraph (a), for sub-paragraph (iii) substitute—

“(iii) 10an Academy school,

(iiia) an alternative provision Academy,”;

(b) in paragraph (b), after “(iii),” insert “(iiia),”.

(9) In section 444B (penalty notices: supplemental), in subsection (4), in the
definition of “relevant school”, for paragraph (c) substitute—

“(c) 15an Academy school,

(ca) an alternative provision Academy,”.

(10) In section 508A (local authorities in England: duty to promote sustainable
modes of travel)—

(a) in subsection (5)(b), after “further education sector” insert “, or 16 to
2019 Academies,”;

(b) in subsection (6)(b), after “further education sector” insert “, or 16 to
19 Academies,”.

(11) In section 508C (local authorities in England: travel arrangements etc for
children other than eligible children), in subsection (6)(b), after “further
25education sector” insert “, or 16 to 19 Academy,”.

(12) In section 508G (local authorities in England: transport policy statements for
young 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) 30In section 509AA (local authorities in England: provision of transport etc for
persons of sixth form age)—

(a) in 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) 35in subsection (2)(d), for “or (c)” substitute “, (c) or (ca)”.

(14) In section 510 (provision of clothing), in subsection (4)(b), after “further
education 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
40the end insert “or

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

(16) In section 557 (adoption of statutory trusts), in subsection (10), in the
definition of “relevant school”, for “Academy,” substitute “Academy school,
45alternative provision Academy,”.

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

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

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

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

(c) in the definition of “proprietor”—

(i) 10after “a school” insert “or a 16 to 19 Academy”;

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

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

(19) In 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
20members of the management committee for the unit or
members of any sub-committee;”.

(20) In 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
25Academy”.

10 (1) SSFA 1998 is amended as follows.

(2) In 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
30school”;

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

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

(3) In section 88 (admission authorities and admission arrangements), in
35subsection (1)(c) (inserted by section 64), for “Academy” (in both places)
substitute “Academy school”.

(4) In section 88H (reference of objections to adjudicator) (as amended by
section 64)—

(a) in subsection (1A), for “an Academy” (in both places) substitute “an
40Academy school”;

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

(5) In section 88I (other functions of adjudicator relating to admission
arrangements), in subsection (1)(b) (inserted by section 64), for “Academy”
substitute “Academy school”.

(6) In section 88K (sections 88H and 88I: supplementary) (as amended by
5section 64)—

(a) in 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
10“Academy” substitute “Academy school”.

(8) In 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 15In section 24 of the Anti-social Behaviour Act 2003 (sections 19 to 22A and
24: 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) 20an Academy school,

(ea) an 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) 25EA 2002 is amended as follows.

(2) In 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) 30in subsection (2)(k), for “or to institutions within the further
education 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) 35In section 141A (teacher misconduct: teachers to whom sections 141B to 141E
apply) (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
40“relevant employer”, after “school” insert “or 16 to 19 Academy”.

(5) In 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
without 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 5In section 71 of the Income Tax (Trading and Other Income) Act 2005
(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.”

15 (1) EA 2005 is amended as follows.

(2) 10In section 5 (duty to inspect certain schools at prescribed intervals), in
subsection (2), for paragraph (d) substitute—

“(d) Academy schools,

(da) alternative provision Academies,”.

(3) In section 113 (information about the school workforce: introductory), in
15subsection (2)(c), after “institution” insert “or a 16 to 19 Academy”.

16 (1) EIA 2006 is amended as follows.

(2) In 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
20for fixed period), in subsection (5), in the definition of “governing body”, for
“Academy,” substitute “Academy school, an alternative provision
Academy,”.

(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
25“Academy,” substitute “Academy school, an alternative provision
Academy,”.

(5) In 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) 30an Academy school,

(ba) an alternative provision Academy,”.

(6) In 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) 35In section 125 (inspection of further education institutions), in subsection (1)
(amended by section 42), after “sector” insert “, and all 16 to 19 Academies,”.

(8) In 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
40school”.

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

(2) In 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
children.”

18 In section 71 of the Corporation Tax Act 2009 (educational establishments for
5the 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 In section 23 of ASCLA 2009 (duty to prepare and submit draft specification
of apprenticeship standards: England), in subsection (2)(b), omit the “and”
10after 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) In section 91 (students: admission and treatment, etc)—

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

“(d) 15a 16 to 19 Academy.”;

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

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

(3) 20In Schedule 10 (accessibility for disabled pupils), in paragraph 5(3), for
paragraph (b) substitute—

“(b) Academy schools;

(c) alternative provision Academies.”

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

Section 63

SCHEDULE 14 Academies: land

Schedule 1 to AA 2010

1 30For Schedule 1 to AA 2010 (Academies: land) substitute—

Section 13

“Schedule 1 Academies: land

Part 1 Land held by a local authority

Transfer scheme where land ceases to be used for purposes of a school or 16 to 19
35Academy

1 (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) 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
5on which the scheme is made the land was used wholly or
mainly 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
10it is about to be no longer so used.

(3) The 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) 15The requirements are as follows—

(a) a 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
20of EIA 2006, or a notice published under section 7 of that
Act, (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) 25The 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) the scheme must provide for a transfer of the land or such
30part 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) the transfer must be to a person who is specified in the
35scheme 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
must have been the subject of proposals under section 6A
40or 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) In sub-paragraph (1) the reference to a right or liability—

(a) 45includes 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
and transitional provision.

(4) 5A 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) on the day it specifies for it to come into force, or

(b) 10on 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
which it applies.

(7) 15A 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
19 Academy

4 (1) 20Sub-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
land, and

(c) 25at 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) Unless the Secretary of State consents, the authority must not
30make 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
of sub-paragraph (2).

(5) 35A 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
contravention of paragraph 4(2).

(2) 40In 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
exercised.

(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
5any 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
10pursuance 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) 15On 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
20recover 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) 25the 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
information as the Secretary of State may require it to provide in
30connection 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) a freehold or leasehold interest in land is held by a local
35authority,

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

(c) at any time in the period of eight years ending with the day
40on 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
make the appropriation.

7 (1) 45This 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) Paragraph 5(6) to (9) apply to a compulsory purchase of land
under sub-paragraph (2) as they apply to a compulsory purchase
5of land under paragraph 5(5).

Class consents

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

(a) may be given in relation to a particular case or class of case,
10and

(b) may be given subject to conditions.

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

9 (1) Sub-paragraph (2) applies if—

(a) 15a freehold or leasehold interest in land is held by a local
authority,

(b) the authority proposes to change the use of the land in
such a way that (were the change made) the land would
cease to be capable of use wholly or mainly for the
20purposes 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) 25The authority must inform the Secretary of State of the proposal.

Part 2 Land 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) 30an Academy order has effect in respect of—

(i) a voluntary school,

(ii) a foundation school, or

(iii) a foundation special school, and

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

(2) 35The Secretary of State may make one or more of the directions
listed in sub-paragraph (3) in respect of publicly funded land
which 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) 40the trustees of the school.

(3) The directions are—