Search Legislation

Education and Adoption Act 2016

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

Maintained schools causing concern: conversion into Academies

7Duty to make Academy orders

(1)Section 4 of the Academies Act 2010 (Academy orders) is amended as follows.

(2)Before subsection (1) insert—

(A1)The Secretary of State must make an Academy order in respect of a maintained school in England that is eligible for intervention by virtue of section 61 or 62 EIA 2006 (schools requiring significant improvement or schools requiring special measures).

(3)In subsection (1)(b), after “(within the meaning of Part 4 of EIA 2006)” insert “other than by virtue of section 61 or 62 of EIA 2006”.

8Consultation about conversion

For section 5 of the Academies Act 2010 (consultation on conversion) substitute—

5Consultation about conversion: schools not eligible for intervention

(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 about whether the conversion should take place.

(2)But this section does not apply if an Academy order under section 4(A1) or (1)(b) has effect in respect of the school.

(3)Consultation for the purposes of this section may be carried out before or after an Academy order, or an application for an Academy order, has been made in respect of the school.

(4)In the case of a federated school, the reference in subsection (1) to the governing body includes a reference to any members of the governing body.

9Consultation about identity of Academy sponsor in certain cases

After section 5 of the Academies Act 2010 insert—

5AConsultation about identity of Academy sponsor in certain cases

(1)This section applies where an Academy order under section 4(A1) has effect in respect of a foundation or voluntary school that has a foundation.

(2)Before entering into Academy arrangements in relation to the school the Secretary of State must consult the following about the identity of the person with whom the arrangements are to be entered into—

(a)the trustees of the school,

(b)the person or persons by whom the foundation governors are appointed, and

(c)in the case of a school which has a religious character, the appropriate religious body.

(3)In this section, “the appropriate religious body”, in relation to a school, means—

(a)in the case of a Church of England school or a Roman Catholic school, the appropriate diocesan authority;

(b)in any other case, such body or person representing the specified religion or religious denomination as is prescribed under section 88F(3)(e) of SSFA 1998.

(4)In the case of a school in relation to which there is more than one religion or religious denomination specified, references to “the appropriate religious body” are to be read as references to both or all of the bodies concerned.

(5)In subsections (3) and (4), “specified” means specified in the order under section 69(3) of SSFA 1998 relating to the school.

(6)Expressions used in this section and SSFA 1998 have the same meaning as in that Act.

10Duty to facilitate conversion

After section 5A of the Academies Act 2010 (inserted by section 9 above) insert—

5BDuty to facilitate conversion

(1)Where an Academy order under section 4(A1) or (1)(b) has effect in respect of a school, the governing body of the school and the local authority must take all reasonable steps to facilitate the conversion of the school into an Academy.

(2)Where the Secretary of State notifies the governing body or local authority that the Secretary of State is minded to enter into Academy arrangements with a specified person, their duty under subsection (1) includes a duty to take all reasonable steps to facilitate the making of Academy arrangements with that person.

11Power to give directions to do with conversion

After section 5B of the Academies Act 2010 (inserted by section 10 above) insert—

5CPower to give directions to do with conversion

(1)Where an Academy order under section 4(A1) or (1)(b) has effect in respect of a school, the Secretary of State may direct the governing body of the school or the local authority to take specified steps for the purpose of facilitating the conversion of the school into an Academy.

(2)A direction may, in particular, require the governing body or local authority to prepare a draft of a scheme under section 8 or Part 1 of Schedule 1.

(3)A direction may specify the period within which any steps must be taken.

12Power to revoke Academy orders

After section 5C of the Academies Act 2010 (inserted by section 11 above) insert—

5DPower to revoke Academy orders under section 4(A1) or (1)(b)

(1)The Secretary of State may by order revoke an Academy order under section 4(A1) or (1)(b).

(2)If an Academy order is revoked the Secretary of State must give a copy of the order to everyone to whom a copy of the Academy order was given under section 4(4).

(3)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 order under this section is not required to be exercised by statutory instrument.

13Duty to communicate information about plans to improve school

After section 5D of the Academies Act 2010 (inserted by section 12 above) insert—

5EDuty to communicate information about plans to improve school

(1)Before a maintained school in England which is causing concern is converted into an Academy, the proposed proprietor of the Academy must communicate to the registered parents of registered pupils at the school information about the proposed proprietor’s plans to improve the school.

(2)For the purposes of subsection (1)

(a)the “proposed proprietor of the Academy” is the person with whom the Secretary of State proposes to enter or has entered into Academy arrangements in respect of the school;

(b)a school is “causing concern” if it is eligible for intervention within the meaning of Part 4 of EIA 2006.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources