|
| |
|
| |
(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 |
| |
| 5 |
(2) | “Education” includes vocational, social, physical and recreational |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| |
(4) | “Statutory provision” means a provision made by or under this or any |
| 45 |
other Act, whenever passed or made.” |
| |
|
| |
|
| |
|
52 | Consequential amendments: 16 to 19 Academies and alternative provision |
| |
| |
(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 |
| |
| |
(3) | “Subordinate legislation” has the meaning given by section 21(1) of the |
| 10 |
| |
| |
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 |
| |
| |
(a) | the trustees of the school, |
| |
(b) | the person or persons by whom the foundation governors are |
| 20 |
| |
(c) | in the case of a school which has a religious character, the |
| |
appropriate religious body.” |
| |
| |
(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 |
| |
| |
(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.” |
| |
| |
(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 |
| |
| |
(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.” |
| |
|
| |
|
| |
|
| |
“(8) | In this section, “the appropriate religious body”, in relation to a school, |
| |
| |
(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 |
| |
| |
(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 |
| |
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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
55 | Academy conversions: federated schools |
| 40 |
(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 |
| |
| |
(a) | together make up a proportion of the total number of members |
| 5 |
that is specified in, or determined in accordance with, |
| |
| |
(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 |
| |
(4) | In section 7 (transfer of school surpluses)— |
| |
(a) | in subsection (6)(a), after “made available” insert “in respect of the |
| |
| |
(b) | in subsection (6), at the end, insert “This subsection is subject to |
| 15 |
| |
(c) | in subsection (7), for “to a school’s” substitute “in respect of a school to |
| |
| |
(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 |
| |
| 25 |
““federated school” has the meaning given by section 24(2) of EA |
| |
| |
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 |
| |
| |
(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 |
| |
| |
|
| |
|