The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Academies Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(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 procedure for, and the Secretary of State's powers on, any such review;
(d)about the effect of any such review on the amount required to be paid by the local authority to the proprietor (including provision requiring repayment of sums by the proprietor or the payment of additional sums by the local authority);
(e)about the time limits for doing anything required or permitted to be done under this section or the regulations.
(6)For the purposes of this section—
(a)a school has a surplus immediately before the conversion date if, at that time, there is an amount made available by a local authority to the school's governing body (under section 50 of SSFA 1998 or otherwise) that has not been spent by the governing body or the head teacher;
(b)the amount of the surplus is that amount.
(7)For the purposes of subsection (6), the amount which, immediately before the conversion date, has been made available to a school's governing body must be calculated taking into account any relevant redetermination for the funding period in which the conversion date falls.
(8)In subsection (7)—
“funding period” has the meaning given by section 45(1B) of SSFA 1998;
“relevant redetermination” means a redetermination of the school's budget share which is required in accordance with regulations under section 47 of that Act.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Click 'View More' or select 'More Resources' tab for additional information including: