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.”

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.”

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.”

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.”

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.”