Prospective
4Academy ordersE+W
(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.