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Education Bill


Education Bill
Part 6 — Academies

42

 

1B      

16 to 19 Academies

(1)   

An educational institution meets the requirements of this section if it is

principally concerned with providing full-time or part-time education

suitable to the requirements of persons over compulsory school age but

under 19.

5

(2)   

“Education” includes vocational, social, physical and recreational

training.

(3)   

An Academy which meets the requirements of this section is to be

known as a 16 to 19 Academy.

1C      

Alternative provision Academies

10

(1)   

An educational institution meets the requirements of this section if—

(a)   

it is principally concerned with providing full-time or part-time

education for children of compulsory school age who, by reason

of illness, exclusion from school or otherwise, may not for any

period receive suitable education unless alternative provision is

15

made for them,

(b)   

it provides education for children of different abilities, and

(c)   

it provides education for children who are wholly or mainly

drawn from the area in which it is situated.

(2)   

“Alternative provision” means arrangements under section 19(1) of EA

20

1996 (exceptional provision of education in pupil referral units or

elsewhere).

(3)   

An Academy which meets the requirements of this section is to be

known as an alternative provision Academy.

1D      

Alternative provision Academies: powers to apply provisions with

25

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

30

modifications.

(2)   

Regulations may provide for a statutory provision relating to

Academies, Academy schools or 16 to 19 Academies—

(a)   

to apply in relation to alternative provision Academies, or a

description of alternative provision Academy, with

35

modifications;

(b)   

not to apply in relation to alternative provision Academies or a

description of alternative provision Academy.

(3)   

Regulations may provide for a statutory provision relating to

alternative provision Academies—

40

(a)   

to apply in relation to a description of alternative provision

Academy, 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

45

other Act, whenever passed or made.”

 
 

Education Bill
Part 6 — Academies

43

 

52      

Consequential amendments: 16 to 19 Academies and alternative provision

Academies

(1)   

Schedule 12 (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

5

section 51 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

10

Interpretation Act 1978.

Academy orders

53      

Academy orders: involvement of religious bodies etc

(1)   

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

(2)   

After subsection (1), insert—

15

“(1A)   

Before 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

20

appointed, 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”;

25

(b)   

at the end insert “, and

(c)   

in the case of a foundation or voluntary school that has

a foundation—

(i)   

the trustees of the school,

(ii)   

the person or persons by whom the foundation

30

governors are appointed, and

(iii)   

in the case of a school which has a religious

character, the appropriate religious body.”

(4)   

In subsection (5)—

(a)   

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

35

(b)   

at the end insert “, and

(c)   

in the case of a foundation or voluntary school that has

a foundation—

(i)   

the trustees of the school,

(ii)   

the person or persons by whom the foundation

40

governors are appointed, and

(iii)   

in the case of a school which has a religious

character, the appropriate religious body.”

 
 

Education Bill
Part 6 — Academies

44

 

(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

school, the appropriate diocesan authority;

5

(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

religion or religious denomination specified, references to “the

10

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)   

Expressions used in this section and SSFA 1998 have the same meaning

15

as in that Act.”

54      

Academies: consultation on conversion

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

“5      

Consultation on conversion

(1)   

Before a maintained school in England is converted into an Academy,

20

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

school.

25

(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)   

a person with whom the Secretary of State proposes to enter

30

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)   

The consultation must seek the views of such persons as the person

35

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.”

55      

Academy conversions: federated schools

40

(1)   

AA 2010 is amended as follows.

 
 

Education Bill
Part 6 — Academies

45

 

(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

who—

(a)   

together make up a proportion of the total number of members

5

that is specified in, or determined in accordance with,

regulations, and

(b)   

consist of or include members of any prescribed description.”

(3)   

In 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

10

school is made”.

(4)   

In section 7 (transfer of school surpluses)—

(a)   

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

school”;

(b)   

in subsection (6), at the end, insert “This subsection is subject to

15

subsection (9).”;

(c)   

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

the school’s”;

(d)   

after subsection (8) insert—

“(9)   

If the school is a federated school, the questions of —

20

(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)   

In section 17 (interpretation of Act), in subsection (2), after the definition of “the

conversion date” insert—

25

““federated school” has the meaning given by section 24(2) of EA

2002;”.

56      

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—

30

“(2)   

The Secretary of State may make a scheme (a “transfer scheme”) in

relation 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

35

to staff) of the local authority or the governing body which were

acquired 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

40

concerned with the running of the Academy”.

(5)   

For the heading substitute “Transfer schemes: other property, rights and

liabilities”.

 
 

 
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