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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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| | Clause 12, page 8, line 5, leave out subsection (4). |
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| | Clause 12, page 8, line 8, at end add— |
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| | | ‘(5) | Where an Academy proprietor is not a qualifying proprietor, it shall not be |
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| | | permitted under the Academy arrangements to make a profit from any services in |
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| | | schooling and learning.’. |
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| | Page 7, line 35, leave out Clause 12. |
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| | Schedule 1, page 11, line 4, leave out paragraphs 1, 2 and 3. |
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| | Schedule 1, page 11, line 26, leave out sub-sub-paragraph (c) and insert— |
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| | | ‘(c) | the Secretary of State, before making the property transfer scheme, |
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| | | (ii) | the current owner, if not the local authority; and |
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| | | (iii) | any other such persons as the Secretary of State considered |
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| | Schedule 1, page 17, line 14, at end insert— |
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| | | ‘(3) | Before making any Regulations under this paragraph, the Secretary of State must |
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| | | (a) | associations of local authorities; |
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| | | (c) | bodies representing the interests of governing bodies of schools; and |
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| | | (d) | such other persons as the Secretary of State considers appropriate.’. |
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| | Schedule 2, page 18, line 26, at end insert— |
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| | | ‘9A | In section 84(1) of SSFA (code for school admissions) after paragraph (b) |
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| | Schedule 2, page 19, line 5, at end insert— |
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| | | ‘(14A) | In section 133(6) omit “or” in subsection (a) and insert before the full stop in |
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| | | (14B) | In section 212 insert before the definition of “contract of employment”— |
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| | | ““Academy” means an Academy within the meaning of the Academies |
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| | Schedule 2, page 19, line 5, at end insert— |
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| | | ‘14A | In section 122(3)(c) (power to prescribe pay and conditions) after “school”, |
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| | | insert “or is an Academy”. |
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| | | 14B | After subsection 122(8) insert— |
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