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| | | (5B) | For schools converting under section 3 where no full Ofsted inspection has taken |
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| | | place in the preceding 24 months the Secretary of State must seek a new Ofsted |
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| | | inspection before approving Academy status.’. |
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| | Clause 6, page 4, line 37, at end insert— |
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| | | ‘( ) | Subsections (7) and (8) apply only if the governing body has made a request to |
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| | | maintain such religious character. |
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| | | ( ) | Subsections (7) and (8) do not apply if the school is not designated by order under |
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| | | section 69(3) of SSFA 1998 as a school having a particular religious character |
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| | | and, on conversion to an Academy, such a school may not then be designated or |
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| | | treated as designated by order under section 69(3) of SSFA 1998 as a school |
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| | | having a particular religious character.’. |
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| | Clause 6, page 5, line 1, leave out subsection (9). |
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| | Clause 6, page 5, line 4, at end add— |
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| | | ‘(10) | After the conversion date the school must comply with any code for school |
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| | | admissions issued under section 84 of SSFA which applied to the school on the |
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| | Clause 6, page 5, line 4, at end add— |
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| | | ‘(10) | The provisions of Chapter 4 of Part 10 of ASCLA 2009 (School support staff pay |
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| | | and conditions: England) shall continue to apply to the school after the |
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| | Clause 9, page 7, line 4, at end insert— |
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| | | ‘(2A) | For the purposes of subsection (2) “impact” refers to— |
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| | | (a) | the impact on funding for the other maintained schools, Academies and |
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| | | institutions within the further education sector situated in the area in |
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| | | which the additional school is (or is proposed to be) situated; |
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| | | (b) | the effect on social cohesion in the area in which the additional school is |
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| | | (or is proposed to be) situated; |
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| | | (c) | the impact on the balance of intake for the other maintained schools, |
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| | | Academies and institutions within the further education sector situated in |
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| | | the area in which the additional school is (or is proposed to be) situated; |
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| | | (d) | other appropriate considerations.’. |
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| | Clause 9, page 7, line 9, leave out subsection (4). |
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| | Clause 10, page 7, line 13, leave out subsection (1) and insert— |
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| | | ‘(1) | Before entering into Academy arrangements with the Secretary of State in |
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| | | relation to an additional school, a person must consult— |
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| | | (a) | local parents and children, |
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| | | (c) | the relevant local authority, |
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| | | (d) | all school staff and their representatives, and |
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| | | (e) | any other persons deemed appropriate.’. |
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| | Clause 10, page 7, line 14, leave out ‘such’ and insert— |
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| | | ‘(a) | the local education authority for the area in which the additional school |
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| | | is (or is proposed to be) situated, |
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| | | (b) | the teachers at maintained schools, Academies and institutions within the |
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| | | further education sector in that area, |
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| | | (c) | the pupils at any establishment falling within paragraph (b), |
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| | | (d) | the parents of those pupils, |
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| | | (e) | such persons as, in the opinion of the person undertaking the |
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| | | consultation, represent the wider community, and |
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| | Clause 10, page 7, line 15, at end insert— |
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| | | ‘(1A) | Before entering into Academy arrangements in relation to an additional school |
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| | | the Secretary of State must seek in agreement with the relevant local authority to |
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| | | establish suitable equivalent provisions in existing schools, Academies, or |
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| | | institutions in the further education sector in the area in which the additional |
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| | | school is (or is proposed to be) situated.’. |
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| | new clauses relating to clauses 1, 6, 9 OR 10 |
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| | | Local policies in relation to additional schools |
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| | To move the following Clause:— |
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| | | ‘(1) | A local authority must at the annual general meeting of that authority publish a |
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| | | “Statement of current and future need” in relation to school places in that local |
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| | | (a) | may consider the need for further diversity of provision in a given area; |
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| | | (b) | may consider the satisfaction of local parents with existing schools; |
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| | | (c) | must have regard to social cohesion; and |
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| | | (d) | must have regard to population and the current and future demand for |
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| | | (3) | The Secretary of State must— |
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| | | (a) | satisfy himself that the additional school meets substantive needs as set |
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| | | out in the statement under subsection (1); |
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| | | (b) | where the additional school does not meet substantive needs set out in the |
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| | | statement under subsection (1) the Secretary of State must arrange for |
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| | | any substantive identified needs to be met; or |
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| | | (c) | must not enter into Academy arrangements for the additional school |
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| | | Inducements to pupils, parents or guardians |
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| To move the following Clause:— |
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| | | ‘No person or organisation may offer inducements to pupils, parents or guardians |
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| | | for the purposes of encouraging— |
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| | | (a) | attendance at a school; |
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| | | (b) | expressions of demand for the establishment of an additional school; |
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| | | (c) | recommending attendance at a school; |
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| | | (d) | participation in any consultation on the establishment of an additional |
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| | | (e) | any public statement.’. |
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| | | Clause 2, page 2, line 26, at end insert— |
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| | | ‘(1A) | Payments may be made in respect of capital expenditure under an Academy |
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| | | agreement to an additional school only where the Secretary of State has first |
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| | | (a) | local parents and children, |
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| | | (b) | the relevant local authority, |
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| | | (c) | any other persons deemed appropriate. |
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| | | (1B) | The purpose of the consultation under (1A) shall be to establish whether there are |
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| | | outstanding requirements for capital investment for existing schools in the area |
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| | | where the school is (or is proposed to be) situated. |
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| | | (1C) | Where a need is demonstrated the Secretary of State may not make payments with |
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| | | respect of capital expenditure under subsection (1). |
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| | | (1D) | A school is an “additional school” for the purposes of this section if— |
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| | | (a) | it does not replace a maintained school that has been or is to be |
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| | | (b) | it is not a school in respect of which an Academy order has effect. |
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| | | (1E) | For the purposes of subsection (1D)(a) a school does not replace a maintained |
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| | | school if it provides education for pupils of a wider range of ages than the |
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| | | Clause 2, page 3, line 3, after ‘of’, insert ‘educational psychology services and |
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| | | Clause 2, page 3, line 7, at end add— |
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| | | ‘(7) | Before making any payments under an Academy agreement the Secretary of State |
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| | | shall make an assessment of the extent of centrally-provided SEN provisions that, |
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| | | were the school to operate as a maintained school— |
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| | | (a) | would be required by a school with the likely pupil profile of the |
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| | | proposed additional school, or |
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| | | (b) | is currently called upon by the maintained school which is converting to |
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| | | (8) | Before making any payments under an Academy agreement the Secretary of State |
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| | | shall make an assessment of the likely disruption to centrally-provided SEN |
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| | | services that might result from equivalent reductions in local authority budgets. |
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| | | (9) | Payments made under an Academy agreement must reflect the assessment made |
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| | | according to subsections (7) and (8).’. |
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| | | Clause 7, page 5, line 22, leave out from ‘proprietor’ to end of line 23 and insert ‘to |
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| | appeal to a Local Commissioner’. |
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| | | Clause 7, page 5, line 25, leave out ‘review’ and insert ‘appeal’. |
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| | | Clause 7, page 5, line 26, leave out ‘review’ and insert ‘appeal’. |
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| | | Clause 7, page 5, line 34, leave out from ‘time’ to end of line 36 and insert ‘after |
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| | deducting from any amount made available by a local authority to the school’s governing |
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| | body (under section 50 of SSFA 1998 or otherwise) that has not been spent by the |
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| | governing body or the headteacher, all existing and contingent liabilities not transferring |
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| | to the Academy under a property transfer scheme (including any liabilities of the local |
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| | authority incurred on behalf of the school), there is a net amount available.’. |
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| | | Clause 7, page 5, line 43, at end insert— |
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| | | ‘“Local Commissioner” has the meaning given by section 23 of the Local |
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| | | Clause 8, page 6, line 22, leave out ‘property, rights and liabilities’ and insert |
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| | | Clause 8, page 6, line 38, at end add— |
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| | | ‘(11) | The Secretary of State before making a property transfer scheme shall consult |
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| | | (b) | the current owner, if not the local authority; |
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| | | (c) | such other persons as the Secretary of State considers appropriate.’. |
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| | | |
| | | Clause 11, page 7, line 28, at end insert— |
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| | | ‘(2A) | The report must include an assessment, with evidence, of the changes in academic |
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| | | performance across the entire local authority areas where additional schools have |
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| | | Clause 11, page 7, line 28, at end insert— |
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| | | ‘(2A) | The report must include an assessment, with evidence, of the changes in the |
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| | | impact of schools on social cohesion across entire local authority areas where |
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| | | academy arrangements under this Act have been entered into and remain in |
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| | | Clause 11, page 7, line 28, at end insert— |
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| | | ‘(2A) | The report must include an assessment, with evidence, of the changes in SEN |
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| | | provision in the local authority area where new academy arrangements have been |
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| | | entered into in the preceding 12 months.’. |
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