Academies Act 2010
|Document Number:||2010 CHAPTER 32|
An Act to make provision about Academies.
[27 th July 2010]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Academy arrangements
(1) The Secretary of State may enter into Academy arrangements with any person (“the other party”).
(2)“Academy arrangements” are arrangements that take the form of—
(a) an Academy agreement, or
(b) arrangements for Academy financial assistance.
(3) An Academy agreement is an agreement between the Secretary of State and the other party under which—
(a) the other party gives the undertakings in subsection (5) , and
(b) the Secretary of State agrees to make payments to the other party in consideration of those undertakings.
(4) Academy financial assistance is financial assistance given by the Secretary of State under section 14 of EA 2002 on terms that require the other party to give the undertakings in subsection (5).
(5) The undertakings are—
(a) to establish and maintain an independent school in England which—
(i) has characteristics that include those in subsection (6) , or
(ii) is specially organised to make special educational provision for pupils with special educational needs;
(b) to carry on, or provide for the carrying on of, the school.
(6) The characteristics are that—
(a) the school has a curriculum satisfying the requirements of section 78 of EA 2002 (balanced and broadly based curriculum);
(b) if the school provides secondary education, its curriculum for the secondary education has an emphasis on a particular subject area, or particular subject areas, specified in the arrangements;
(c) the school provides education for pupils of different abilities;
(d) the school provides education for pupils who are wholly or mainly drawn from the area in which the school is situated.
(7) Academy arrangements in relation to a school within subsection (5)(a)(i) must include provision imposing obligations on the proprietor of the school that are equivalent to the SEN obligations.
(8)“The SEN obligations” are the obligations imposed on governing bodies of maintained schools by—
(a) Chapter 1 of Part 4 of EA 1996 (children with special educational needs) , and
(b) regulations made under any provision of that Chapter.
(9) Academy arrangements must include terms imposed for the purpose of securing that no charge is made in respect of—
(a) admission to, or attendance at, the school, or
(b)(subject to any exceptions specified in the terms) education provided at the school.
(10) A school to which Academy arrangements relate is to be known as an Academy.
2 Payments under Academy agreements
(1) Payments under an Academy agreement may be in respect of capital or current expenditure.
(2) So far as payments under an Academy agreement relate to current expenditure, the agreement must provide for them to continue (subject to other requirements of the agreement being fulfilled)—
(a) for at least 7 years, or
(b) indefinitely, but terminable by the Secretary of State giving at least 7 years’ written notice.
(3) If an Academy agreement makes provision for payments in respect of capital expenditure, the agreement may provide for the repayment to the Secretary of State, in circumstances specified in the agreement, of sums determined in accordance with the agreement.
(4) An Academy agreement may provide for indemnifying a person, in the event of the Secretary of State terminating the agreement, for expenditure—
(a) incurred by the person in carrying out the undertakings under the agreement, or
(b) incurred by the person (otherwise than by virtue of subsection (3)) in consequence of the termination of the agreement.
(5) In Schedule 1 to the School Finance (England) Regulations 2008 , after paragraph 8 insert—
“8 AWhere a child is a registered pupil at an Academy, expenditure in respect of services for making provision for pupils with low incidence special educational needs or disabilities.”
(6) Where a local authority fails to secure satisfactory provision for pupils with low incidence special educational needs or disabilities, the Secretary of State may make alternative arrangements.
Conversion of schools into Academies
3 Application for Academy order
(1) The governing body of a maintained school in England may apply to the Secretary of State for an Academy order to be made in respect of the school.
(2) In the case of a foundation or voluntary school that has a foundation, this is subject to subsections (3) and (4).
(3) The governing body of a foundation or voluntary school that has a foundation must consult the foundation before making an application under this section.
(4) The governing body of a foundation or voluntary school that has a foundation may make an application under this section only with the consent of—
(a) the trustees of the school, and
(b) the person or persons by whom the foundation governors are appointed.
(5) Expressions used in subsections (2) to (4) and SSFA 1998 have the same meaning as in that Act.
4 Academy orders
(1) The Secretary of State may make an Academy order in respect of a maintained school in England if—
(a) the governing body of the school make an application under section 3 , or
(b) the school is eligible for intervention (within the meaning of Part 4 of EIA 2006).
(2) An Academy order in respect of a school is an order for the purpose of enabling the school to be converted into an Academy.
(3) A maintained school is “converted into” an Academy if Academy arrangements are entered into in relation to the school or a school that replaces it.
(4) If an Academy order is made in respect of a school, the Secretary of State must give a copy of the order to—
(a) the governing body and head teacher of the school, and
(b) the local authority.
(5) If, after an application has been made under section 3 , the Secretary of State decides not to make an Academy order in respect of a school, the Secretary of State must inform the following of the decision and the reasons for it—
(a) the governing body and head teacher of the school, and
(b) the local authority.
(6) Despite section 568(1) of EA 1996 (orders to be made by statutory instrument) (as applied by section 17(4) of this Act) the power of the Secretary of State to make an Academy order is not required to be exercised by statutory instrument.
(7) An Academy order may include incidental, consequential, supplemental and transitional provision.
5 Consultation on conversion
(1) Before a maintained school in England is converted into an Academy, the school’s governing body must consult such persons as they think appropriate.
(2) The consultation must be on the question of whether the school should be converted into an Academy.
(3) 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.
6 Effect of Academy order
(1) This section applies if an Academy order has effect in respect of a school.
(2) The local authority must cease to maintain the school on the date (“the conversion date”) on which the school, or a school that replaces it, opens as an Academy (“the Academy”).
(3) If the school is a selective school, section 1(6)(c) (requirement to provide education for pupils of different abilities) does not apply in relation to any Academy arrangements to be entered into in relation to the school or a school that replaces it.
(4) For this purpose a school is a “selective school” if its admission arrangements make provision for selection of pupils by ability, and—
(a) its admission arrangements are permitted to do so by section 100 of SSFA 1998 (permitted selection: pre-existing arrangements) , or
(b) the school is designated under section 104 of SSFA 1998 (designation of grammar schools).
Section 99(5) of SSFA 1998 applies for the purposes of this subsection as it applies for the purposes of Chapter 2 of Part 3 of SSFA 1998.
(5) The relevant independent school standards are to be treated as met in relation to the Academy on the conversion date.
(6)“The relevant independent school standards” are the independent school standards (as defined in section 157(2) of EA 2002) that are applicable to the Academy on the conversion date.
(7) Subsection (8) applies if the school is a foundation or voluntary school which is designated by order under section 69(3) of SSFA 1998 as a school having a particular religious character.
(8) The Academy is to be treated, on the conversion date, as designated by order under section 69(3) of SSFA 1998 as an independent school having that religious character.
(9) Nothing in any of the following provisions applies in a case where a local authority cease to maintain a school as a result of an Academy order—
section 30 of SSFA 1998 (notice to discontinue school);
sections 15 to 17 of EIA 2006 (procedure for discontinuance of schools).
7 Transfer of school surpluses
(1) This section applies if—
(a) an Academy order has effect in respect of a school,
(b) the order was made following an application under section 3 , and
(c) the school is to be converted into an Academy.
(2) The local authority must determine—
(a) whether, immediately before the conversion date, the school has a surplus, and
(b) if so, the amount of the surplus.
(3) The local authority must pay any amount determined under subsection (2)(b) to the proprietor of the Academy, subject to the provisions of regulations under subsection (4).
(4) Regulations may make provision in connection with the determination and payment of the amount of a surplus under this section.
(5) Regulations under subsection (4) may in particular include provision—
(a) requiring the local authority to inform the proprietor of the determinations under subsection (2);
(b) authorising the proprietor to apply to the Secretary of State for a review of those determinations;
(c) about the...
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