Education Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Education Bill

Education Bill
Part 6 — Academies
46

Academies: other provisions
57
Academies: new and expanded educational institutions
(1)
For section 9 of AA 2010 (impact: additional schools) substitute—
“9
Impact: new and expanded educational institutions
(1)
This section applies if the Secretary of State is deciding whether to enter
5
into Academy arrangements in relation to—
(a)
a new educational institution, or
(b)
an existing educational institution that, if the arrangements are
entered into, will provide education for pupils of a wider range
of ages.
10
(2)
The Secretary of State must take into account what the impact of
entering into the arrangements would be likely to be on maintained
schools, Academies, institutions within the further education sector
and alternative provision in the area in which the institution is
proposed to be, or is, situated.
15
(3)
An educational institution is not new for the purposes of this section
if—
(a)
it replaces one or more maintained schools, Academies or sixth
form colleges that have been or are to be discontinued, and
(b)
it provides education for persons of the same range of ages as
20
the institution it replaces (or, as the case may be, the institutions
it replaces, taken together).
(4)
“Alternative provision” means educational provision for which a local
authority has made arrangements under section 19 of EA 1996
(exceptional provision of education in pupil referral units or
25
elsewhere).”
(2)
For section 10 of AA 2010 (consultation: additional schools) substitute—
“10
Consultation: new and expanded educational institutions
(1)
This section applies before a person enters into Academy arrangements
with the Secretary of State in relation to—
30
(a)
a new educational institution, other than a new educational
institution that is the subject of proposals under section 7 of EIA
2006 (proposals to establish new school following invitation
from local authority), or
(b)
an existing educational institution that, if the arrangements are
35
entered into, will provide education for pupils of a wider range
of ages.
(2)
The person must carry out a consultation on the question of whether
the arrangements should be entered into.
(3)
The consultation must seek the views of such persons as the person
40
carrying it out thinks appropriate.
(4)
Section 9(3) (when educational institution not new) applies for the
purposes of this section.”

Education Bill
Part 6 — Academies
47

58
Staff at Academies with religious character
(1)
Part 5A of SSFA 1998 (employment of teachers at independent schools having
a religious character) is amended as set out in subsections (2) and (3).
(2)
In section 124A (employment of teachers at independent schools having a
religious character), in subsection (1), at the end insert “, other than an
5
Academy to which section 124AA applies”.
(3)
After section 124A, insert—
“124AA
Staff at certain Academies with religious character
(1)
This section applies if—
(a)
an Academy order has been made in respect of a foundation or
10
voluntary controlled school which is designated by order under
section 69(3) as a school having a religious character,
(b)
the school has been converted into an Academy (see section 4(3)
of the Academies Act 2010), and
(c)
the Secretary of State has not made an order in respect of the
15
school under subsection (2).
(2)
The Secretary of State may by order provide that this section does not
apply to a school specified in the order.
(3)
Where there are more than two teachers at the Academy, the teachers
must include persons who—
20
(a)
are selected for their fitness and competence to give religious
education in accordance with the tenets of the religion or the
religious denomination specified in relation to the Academy in
the order under section 69(3) (as applied by section 6(8) of the
Academies Act 2010), and
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(b)
are specifically appointed to do so.

A teacher employed or engaged at the Academy in pursuance of this
subsection is a “reserved teacher”, and any other teacher at the
Academy is a “non-reserved teacher”.
(4)
The number of reserved teachers in the Academy must not exceed one-
30
fifth of the total number of teachers, including the principal (and for
this purpose, where the total number of teachers is not a multiple of
five, it is to be treated as if it were the next higher multiple of five).
(5)
In connection with the appointment of a person to be the principal of
the Academy, in a case where the principal is not to be a reserved
35
teacher, regard may be had to that person’s ability and fitness to
preserve and develop the religious character of the Academy.
(6)
Preference may be given, in connection with the appointment,
promotion or remuneration of reserved teachers at the Academy, to
persons—
40
(a)
whose religious opinions are in accordance with the tenets of
the religion or the religious denomination specified in relation
to the Academy in the order under section 69(3) (as applied by
section 6(8) of the Academies Act 2010), or
(b)
who attend religious worship in accordance with those tenets,
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or

Education Bill
Part 6 — Academies
48

(c)
who give, or are willing to give, religious education at the
Academy in accordance with those tenets.
(7)
Regard may be had, in connection with the termination of employment
or engagement of any reserved teacher at the Academy, to any conduct
on the part of the teacher which is incompatible with the precepts, or
5
with the upholding of the tenets, of the religion or religious
denomination specified in the order under section 69(3) (as applied by
section 6(8) of the Academies Act 2010).
(8)
No person, other than a reserved teacher, is to be disqualified by reason
of their religious opinions, or of their attending or omitting to attend
10
religious worship—
(a)
from being a teacher at the Academy, or
(b)
from being employed or engaged for the purposes of the
Academy otherwise than as a teacher.
(9)
A non-reserved teacher must not be required to give religious
15
education.
(10)
A non-reserved teacher must not receive any less remuneration than
any other non-reserved teacher, or be deprived of, or disqualified for,
any promotion or other advantage available to other non-reserved
teachers—
20
(a)
for the reason that the teacher gives, or does not give, religious
education, or
(b)
for reasons related to the teacher’s religious opinions or to the
teacher’s attending or omitting to attend religious worship.”
(4)
In consequence of the amendments made by subsections (2) and (3)—
25
(a)
in the title to Part 5A of SSFA 1998, for “Employment of Teachers”
substitute “Teachers and Staff”;
(b)
in section 138 of SSFA 1998 (orders and regulations), in subsection
(2)(a), after “111(3)(a)” insert “, 124AA(2)”;
(c)
in paragraph 4 of Schedule 22 to the Equality Act 2010 (educational
30
appointments etc based on religious belief), at the end insert—
“(d)
section 124AA(5) to (7) of that Act (religious
considerations relating to certain teachers at
Academies with religious character).”
59
Academies: land
35
Schedule 13 (Academies: land) has effect.
60
Academy admissions arrangements: references to adjudicator
(1)
Chapter 1 of Part 3 of SSFA 1998 (school admissions: admission arrangements)
is amended as follows.
(2)
In section 88 (admission authorities and admission arrangements)—
40
(a)
in subsection (1), omit the “and” at the end of paragraph (a);
(b)
in that subsection, at the end, insert “; and
(c)
in relation to an Academy, means the proprietor of the
Academy.”;
(c)
in subsection (2), omit “maintained”.
45

Education Bill
Part 7 — Post-16 education and training
49

(3)
In section 88H (reference of objections to adjudicator)—
(a)
after subsection (1), insert—
“(1A)
This section also applies where admission arrangements for an
Academy have been determined by the proprietor of an
Academy under Academy arrangements.”;
5
(b)
for subsection (6), substitute—
“(6)
In subsection (2), “appropriate person” means—
(a)
in relation to an objection about the admission
arrangements for a maintained school—
(i)
a body or person within any of paragraphs (a) to
10
(e) of section 88F(3), or
(ii)
any person prescribed for the purposes of this
subsection;
(b)
in relation to an objection about the admission
arrangements for an Academy, any person prescribed
15
for the purposes of this subsection.”
(4)
In section 88I (other functions of adjudicator relating to admission
arrangements), in subsection (1)—
(a)
after “determined” insert “—
(a)
”;
20
(b)
at the end insert “, or
(b)
by an admission authority for an Academy.”
(5)
In section 88K (sections 88H and 88I: supplementary)—
(a)
in subsection (4)(a), after “England” insert “or an Academy”;
(b)
in subsection (5), for the words from “means” to the end substitute
25
“means—
(a)
in relation to a maintained school, the requirements
imposed by or under this Part as to the content of
admission arrangements for maintained schools in
England, and
30
(b)
in relation to an Academy, the requirements imposed by
or under Academy arrangements as to the content of its
admission arrangements.”
61
Academies: minor amendments
Schedule 14 (Academies: minor amendments) has effect.
35
Part 7
Post-16 education and training
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.