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For section 5 of AA 2010 (consultation on conversion), substitute—
(1)Before a maintained school in England is converted into an Academy, there must be a consultation on the question of whether the conversion should take place.
(2)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.
(3)In the case of a school that is eligible for intervention (within the meaning of Part 4 of EIA 2006), the consultation may be carried out by—
(a)the school’s governing body, or
(b)a person with whom the Secretary of State proposes to enter into Academy arrangements in respect of the school or an educational institution that replaces it.
(4)In any other case, the consultation must be carried out by the school’s governing body.
(5)The consultation must seek the views of such persons as the person carrying it out thinks appropriate.
(6)In the case of a federated school, references in this section to the governing body include references to any of the members of the governing body.”
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