Legal background
Education
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The legislation on intervening in maintained schools is set out in Part 4 of the Education and Inspections Act 2006. It sets out the circumstances in which maintained schools become eligible for intervention, the intervention powers of Local Authorities and the Secretary of State respectively, and the powers of the Secretary of State to require Local Authorities to intervene. Academies are governed under a different system. They are operated by Academy Trusts under the terms of individual funding agreements between the Secretary of State and the Academy Trust.
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The Education and Inspections Act 2006 will continue to be the main Act dealing with intervention in maintained schools and this Act inserts new provisions into that Act and amends certain existing provisions. Academies will continue to be governed according to the provisions of their funding agreements as amended by Section 14 of this Act.
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The legislation on the making of Academy orders is contained in the Academies Act 2010 at:
- sections 3 to 8, which set out the means and process by which maintained schools convert to Academy status and the effect of conversion; and
- paragraph 10 of Schedule 1 which concerns the power of the Secretary of State to make a direction about land held by a Governing Body, a Foundation Body or Trustees.
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The Academies Act 2010 will continue to be the main Act dealing with the conversion of maintained schools to Academy status and this Act amends the Act by inserting new provisions and replacing an existing provision.
Adoption
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The legislation governing adoption agencies and their functions is set out in Part 1 (the Adoption Service) of the Adoption and Children Act 2002. Part 1 provides for local authorities to maintain an Adoption Service to meet the needs of certain people in their area, provides that, as part of that Service, local authorities must provide facilities for the provision of adoption support services, and provides for a general power to regulate adoption agencies.
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The Adoption and Children Act 2002 will continue to be the main Act governing adoption agencies and their functions and this Act inserts a new provision into that Act and repeals the current section 3A (recruitment, assessment and approval of prospective adopters).
