Part 6

Academies

Academy arrangements

Academy arrangements: post-16 education and alternative provision
53
1
Section 1 of AA 2010 (Academy arrangements) is amended as set out in subsections (2) to (6).
2
For subsection (5) substitute—
5
The undertakings are—
a
to establish and maintain an educational institution in England which meets the requirements of any of the following—
i
section 1A (Academy schools);
ii
section 1B (16 to 19 Academies);
iii
section 1C (alternative provision Academies);
b
to carry on, or provide for the carrying on, of the institution.
3
Omit subsection (6).
4
In subsection (7), for “a school within subsection (5)(a)(i)” substitute “ an educational institution within section 1A(1) ”.
5
In subsection (9), for “school” (in both places) substitute “ institution ”.
6
In subsection (10), for “A school” substitute “ An educational institution ”.
7
After section 1 of AA 2010 insert—

Academy schools
1A
1
An educational institution meets the requirements of this section if—
a
it is an independent school,
b
it has a curriculum satisfying the requirements of section 78 of EA 2002 (balanced and broadly based curriculum),
c
it provides education for pupils of different abilities,
d
it provides education for pupils who are wholly or mainly drawn from the area in which it is situated, and
e
it is not an alternative provision Academy (see section 1C).
2
An educational institution also meets the requirements of this section if—
a
it is an independent school, and
b
it is specially organised to make special educational provision for pupils with special educational needs.
3
An Academy which meets the requirements of this section is to be known as an Academy school.

16 to 19 Academies
1B
1
An educational institution meets the requirements of this section if it is principally concerned with providing full-time or part-time education suitable to the requirements of persons over compulsory school age but under 19.
2
“Education” includes vocational, social, physical and recreational training.
3
An Academy which meets the requirements of this section is to be known as a 16 to 19 Academy.

Alternative provision Academies
1C
1
An educational institution meets the requirements of this section if—
a
it is principally concerned with providing full-time or part-time education for children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not otherwise receive suitable education for any period,
b
it provides education for children of different abilities, and
c
it provides education for children who are wholly or mainly drawn from the area in which it is situated.
2
“Suitable education”, in relation to a child, means efficient education suitable to the child's age, ability and aptitude and to any special educational needs the child may have.
3
An Academy which meets the requirements of this section is to be known as an alternative provision Academy.

Alternative provision Academies: powers to apply provisions with modifications
1D
1
Regulations may provide for a statutory provision relating to maintained schools or a description of maintained school, or to pupil referral units, to apply in relation to alternative provision Academies, or a description of alternative provision Academy, with or without modifications.
2
Regulations may provide for a statutory provision relating to Academies, Academy schools or 16 to 19 Academies—
a
to apply in relation to alternative provision Academies, or a description of alternative provision Academy, with or without modifications;
b
not to apply in relation to alternative provision Academies or a description of alternative provision Academy.
3
Regulations may provide for a statutory provision relating to alternative provision Academies or a description of alternative provision Academy—
a
to apply in relation to a description of alternative provision Academy, with modifications;
b
not to apply in relation to a description of alternative provision Academy.
4
“Statutory provision” means a provision made by or under this or any other Act, whenever passed or made.
S. 53 in force at 1.2.2012 for specified purposes by S.I. 2012/84, art. 3