Education Bill (HL Bill 108)

interfere 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”.

48 Determination of permitted charges

(1) 5Section 456 of EA 1996 (regulation of permitted charges) is amended as follows.

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

(4) After 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
15proportion of the costs, attributable to the provision of teaching staff
employed for the purpose of providing the education.”

Further education institutions

49 Further education institutions: amendments

Schedule 12 (further education institutions: amendments) has effect.

20Pupil referral units

50 Financing 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
25(c) insert “, or

(d) a 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) 30references to the governing body of a maintained school
or 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
351996);

(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;”.

51 Repeal of provision changing name of pupil referral units

(1) ASCLA 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
5short stay school);

(b) for the heading, substitute “Regulations about pupil referral units”.

(3) For 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
10unit”;

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

Part 6 Academies

15Academy arrangements

52 Academies: removal of requirement to have specialism

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

53 20Academy arrangements: post-16 education and alternative provision

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

(2) For subsection (5) substitute—

“(5) The undertakings are—

(a) 25to establish and maintain an educational institution in England
which meets the requirements of any of the following—

(i) section 1A (Academy schools);

(ii) section 1B (16 to 19 Academies);

(iii) section 1C (alternative provision Academies);

(b) 30to carry on, or provide for the carrying on, of the institution.”

(3) Omit subsection (6).

(4) In 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) 35In 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.”

54 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 53 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

55 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.”

56 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.”

57 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;”.

58 Academy orders: local authority powers

In section 6 of AA 2010 (effect of Academy order), after subsection (2) insert—

“(2A) Subsection (2) does not prohibit the local authority from providing
financial or other assistance in respect of the Academy, including by—

(a) 5making payments in respect of some (but not all) of the
expenses of maintaining the Academy,

(b) providing premises, goods or services for the Academy, or

(c) making premises, goods or services available to be used for the
purposes of the Academy.”

59 10Transfer 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
relation to—

(a) 15property 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
acquired or incurred for the purposes of the school.”

(3) 20In 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) For the heading substitute “Transfer schemes: other property, rights and
25liabilities”.

Academies: other provisions

60 Academies: new and expanded educational institutions

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

“9 Impact: new and expanded educational institutions

(1) 30This 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
entered into, will provide education for pupils of a wider range
35of 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
and alternative provision in the area in which the institution is
40proposed 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
form colleges that have been or are to be discontinued, and

(b) 5it 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
authority has made arrangements under section 19 of EA 1996
10(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
15with the Secretary of State in relation to—

(a) a 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) 20an existing educational institution that, if the arrangements are
entered 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) 25The consultation must seek the views of such persons as the person
carrying it out thinks appropriate.

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

61 Charges at boarding Academies

30After section 10 of AA 2010 insert—

“10A Charges 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) 35the local authority for the pupil’s area is satisfied that either
condition 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) 40Condition B is that payment of the full amount of the charges in respect
of 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) If the authority is satisfied that condition B is met, the authority must
5pay 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
otherwise be payable by the pupil’s parent, to the extent that it receives
10a payment from the local authority in respect of those charges under
subsection (4) or (5).”

62 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) 15In section 124A (employment of teachers at independent schools having a
religious 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) 20This section applies if—

(a) an 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)
25of the Academies Act 2010), and

(c) the 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) 30Where there are more than two teachers at the Academy, the teachers
must 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
35the order under section 69(3) (as applied by section 6(8) of the
Academies 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
40Academy is a “non-reserved teacher”.

(4) The 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
the 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) 5Preference may be given, in connection with the appointment,
promotion or remuneration of reserved teachers at the Academy, to
persons—

(a) whose religious opinions are in accordance with the tenets of
the religion or the religious denomination specified in relation
10to the Academy in the order under section 69(3) (as applied by
section 6(8) of the Academies Act 2010), or

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

(c) who give, or are willing to give, religious education at the
15Academy in accordance with those tenets.

(7) Regard may be had, in connection with the termination of employment
or engagement of any reserved teacher at the Academy, to any conduct
on the part of the teacher which is incompatible with the precepts, or
with the upholding of the tenets, of the religion or religious
20denomination specified in the order under section 69(3) (as applied by
section 6(8) of the Academies Act 2010).

(8) No person, other than a reserved teacher, is to be disqualified by reason
of their religious opinions, or of their attending or omitting to attend
religious worship—

(a) 25from being a teacher at the Academy, or

(b) from being employed or engaged for the purposes of the
Academy otherwise than as a teacher.

(9) A non-reserved teacher must not be required to give religious
education.

(10) 30A non-reserved teacher must not receive any less remuneration than
any other non-reserved teacher, or be deprived of, or disqualified for,
any promotion or other advantage available to other non-reserved
teachers—

(a) for the reason that the teacher gives, or does not give, religious
35education, or

(b) for reasons related to the teacher’s religious opinions or to the
teacher’s attending or omitting to attend religious worship.”

(4) In consequence of the amendments made by subsections (2) and (3)—

(a) in the title to Part 5A of SSFA 1998, for “Employment of Teachers”
40substitute “Teachers and Staff”;

(b) in section 138 of SSFA 1998 (orders and regulations), in subsection
(2)(a), after “111(3)(a)” insert “, 124AA(2)”;

(c) in paragraph 4 of Schedule 22 to the Equality Act 2010 (educational
appointments etc based on religious belief), at the end insert—

“(d) 45section 124AA(5) to (7) of that Act (religious
considerations relating to certain teachers at
Academies with religious character).”