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Academies: other provisions |
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57 | Academies: new and expanded educational institutions |
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(1) | For section 9 of AA 2010 (impact: additional schools) substitute— |
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“9 | Impact: new and expanded educational institutions |
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(1) | This section applies if the Secretary of State is deciding whether to enter |
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into Academy arrangements in relation to— |
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(a) | a new educational institution, or |
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(b) | an existing educational institution that, if the arrangements are |
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entered into, will provide education for pupils of a wider range |
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(2) | The Secretary of State must take into account what the impact of |
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entering into the arrangements would be likely to be on maintained |
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schools, Academies, institutions within the further education sector |
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and alternative provision in the area in which the institution is |
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proposed to be, or is, situated. |
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(3) | An educational institution is not new for the purposes of this section |
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(a) | it replaces one or more maintained schools, Academies or sixth |
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form colleges that have been or are to be discontinued, and |
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(b) | it provides education for persons of the same range of ages as |
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the institution it replaces (or, as the case may be, the institutions |
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it replaces, taken together). |
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(4) | “Alternative provision” means educational provision for which a local |
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authority has made arrangements under section 19 of EA 1996 |
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(exceptional provision of education in pupil referral units or |
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(2) | For section 10 of AA 2010 (consultation: additional schools) substitute— |
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“10 | Consultation: new and expanded educational institutions |
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(1) | This section applies before a person enters into Academy arrangements |
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with the Secretary of State in relation to— |
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(a) | a new educational institution, other than a new educational |
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institution that is the subject of proposals under section 7 of EIA |
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2006 (proposals to establish new school following invitation |
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from local authority), or |
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(b) | an existing educational institution that, if the arrangements are |
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entered into, will provide education for pupils of a wider range |
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(2) | The person must carry out a consultation on the question of whether |
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the arrangements should be entered into. |
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(3) | The consultation must seek the views of such persons as the person |
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carrying it out thinks appropriate. |
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(4) | Section 9(3) (when educational institution not new) applies for the |
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purposes of this section.” |
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58 | Staff at Academies with religious character |
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(1) | Part 5A of SSFA 1998 (employment of teachers at independent schools having |
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a religious character) is amended as set out in subsections (2) and (3). |
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(2) | In section 124A (employment of teachers at independent schools having a |
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religious character), in subsection (1), at the end insert “, other than an |
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Academy to which section 124AA applies”. |
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(3) | After section 124A, insert— |
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“124AA | Staff at certain Academies with religious character |
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(1) | This section applies if— |
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(a) | an Academy order has been made in respect of a foundation or |
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voluntary controlled school which is designated by order under |
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section 69(3) as a school having a religious character, |
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(b) | the school has been converted into an Academy (see section 4(3) |
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of the Academies Act 2010), and |
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(c) | the Secretary of State has not made an order in respect of the |
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school under subsection (2). |
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(2) | The Secretary of State may by order provide that this section does not |
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apply to a school specified in the order. |
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(3) | Where there are more than two teachers at the Academy, the teachers |
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must include persons who— |
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(a) | are selected for their fitness and competence to give religious |
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education in accordance with the tenets of the religion or the |
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religious denomination specified in relation to the Academy in |
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the order under section 69(3) (as applied by section 6(8) of the |
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(b) | are specifically appointed to do so. |
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| A teacher employed or engaged at the Academy in pursuance of this |
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subsection is a “reserved teacher”, and any other teacher at the |
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Academy is a “non-reserved teacher”. |
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(4) | The number of reserved teachers in the Academy must not exceed one- |
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fifth of the total number of teachers, including the principal (and for |
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this purpose, where the total number of teachers is not a multiple of |
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five, it is to be treated as if it were the next higher multiple of five). |
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(5) | In connection with the appointment of a person to be the principal of |
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the Academy, in a case where the principal is not to be a reserved |
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teacher, regard may be had to that person’s ability and fitness to |
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preserve and develop the religious character of the Academy. |
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(6) | Preference may be given, in connection with the appointment, |
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promotion or remuneration of reserved teachers at the Academy, to |
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(a) | whose religious opinions are in accordance with the tenets of |
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the religion or the religious denomination specified in relation |
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to the Academy in the order under section 69(3) (as applied by |
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section 6(8) of the Academies Act 2010), or |
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(b) | who attend religious worship in accordance with those tenets, |
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(c) | who give, or are willing to give, religious education at the |
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Academy in accordance with those tenets. |
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(7) | Regard may be had, in connection with the termination of employment |
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or engagement of any reserved teacher at the Academy, to any conduct |
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on the part of the teacher which is incompatible with the precepts, or |
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with the upholding of the tenets, of the religion or religious |
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denomination specified in the order under section 69(3) (as applied by |
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section 6(8) of the Academies Act 2010). |
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(8) | No person, other than a reserved teacher, is to be disqualified by reason |
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of their religious opinions, or of their attending or omitting to attend |
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(a) | from being a teacher at the Academy, or |
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(b) | from being employed or engaged for the purposes of the |
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Academy otherwise than as a teacher. |
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(9) | A non-reserved teacher must not be required to give religious |
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(10) | A non-reserved teacher must not receive any less remuneration than |
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any other non-reserved teacher, or be deprived of, or disqualified for, |
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any promotion or other advantage available to other non-reserved |
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(a) | for the reason that the teacher gives, or does not give, religious |
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(b) | for reasons related to the teacher’s religious opinions or to the |
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teacher’s attending or omitting to attend religious worship.” |
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(4) | In consequence of the amendments made by subsections (2) and (3)— |
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(a) | in the title to Part 5A of SSFA 1998, for “Employment of Teachers” |
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substitute “Teachers and Staff”; |
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(b) | in section 138 of SSFA 1998 (orders and regulations), in subsection |
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(2)(a), after “111(3)(a)” insert “, 124AA(2)”; |
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(c) | in paragraph 4 of Schedule 22 to the Equality Act 2010 (educational |
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appointments etc based on religious belief), at the end insert— |
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“(d) | section 124AA(5) to (7) of that Act (religious |
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considerations relating to certain teachers at |
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Academies with religious character).” |
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Schedule 13 (Academies: land) has effect. |
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60 | Academy admissions arrangements: references to adjudicator |
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(1) | Chapter 1 of Part 3 of SSFA 1998 (school admissions: admission arrangements) |
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(2) | In section 88 (admission authorities and admission arrangements)— |
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(a) | in subsection (1), omit the “and” at the end of paragraph (a); |
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(b) | in that subsection, at the end, insert “; and |
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(c) | in relation to an Academy, means the proprietor of the |
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(c) | in subsection (2), omit “maintained”. |
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|
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|
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(3) | In section 88H (reference of objections to adjudicator)— |
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(a) | after subsection (1), insert— |
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“(1A) | This section also applies where admission arrangements for an |
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Academy have been determined by the proprietor of an |
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Academy under Academy arrangements.”; |
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(b) | for subsection (6), substitute— |
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“(6) | In subsection (2), “appropriate person” means— |
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(a) | in relation to an objection about the admission |
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arrangements for a maintained school— |
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(i) | a body or person within any of paragraphs (a) to |
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(e) of section 88F(3), or |
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(ii) | any person prescribed for the purposes of this |
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(b) | in relation to an objection about the admission |
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arrangements for an Academy, any person prescribed |
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for the purposes of this subsection.” |
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(4) | In section 88I (other functions of adjudicator relating to admission |
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arrangements), in subsection (1)— |
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(a) | after “determined” insert “— |
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(b) | at the end insert “, or |
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(b) | by an admission authority for an Academy.” |
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(5) | In section 88K (sections 88H and 88I: supplementary)— |
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(a) | in subsection (4)(a), after “England” insert “or an Academy”; |
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(b) | in subsection (5), for the words from “means” to the end substitute |
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(a) | in relation to a maintained school, the requirements |
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imposed by or under this Part as to the content of |
| |
admission arrangements for maintained schools in |
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(b) | in relation to an Academy, the requirements imposed by |
| |
or under Academy arrangements as to the content of its |
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61 | Academies: minor amendments |
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Schedule 14 (Academies: minor amendments) has effect. |
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Post-16 education and training |
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Abolition of the Young People’s Learning Agency for England |
| |
62 | Abolition of the Young People’s Learning Agency for England |
| |
Sections 60 to 80 of, and Schedule 3 to, ASCLA 2009 (the Young People’s |
| 40 |
Learning Agency for England) are repealed. |
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