Education Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

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
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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
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(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.”
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Academy conversions: federated schools
40
(1)
AA 2010 is amended as follows.

Education Bill
Part 6 — Academies
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(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”.