Explanatory Notes

Education Act 2011

2011 CHAPTER 21

15 November 2011

Commentary on Sections

Part 6: Academies

Academy orders

Section 58: Academy orders: local authority powers

285.Section 58 inserts a new subsection (2A) into section 6 of AA 2010. This makes clear that section 6(2) of AA 2010, which prohibits a local authority from maintaining a school once it has converted into an Academy, does not prohibit a local authority from doing any of the things set out in paragraphs (a) to (c) (which do not amount to “maintaining” a school). This puts beyond doubt, for example, that a local authority has the power to assist Academies by making payments to a private finance initiative (PFI) contractor in respect of Academies.