The Academies Act 2010 (Commencement and Transitional Provisions) Order 2010

Transitional provisions

5.—(1) This article applies if—

(a) an Academy order has effect in respect of a foundation or voluntary controlled school which is designated by order under section 69(3) of SSFA 1998 as a school having a religious character, and

(b) the school is converted into an Academy.

(2) Despite section 6(8) of the Act, on and after the conversion date—

(a) section 124A(2) and (3) of SSFA 1998 do not apply in relation to an existing non-reserved teacher while the teacher is employed or engaged as a teacher at the Academy,

(b) section 59(2) to (4) of SSFA 1998 continue to apply in relation to an existing non-reserved teacher, and an existing member of the non-teaching staff, while that person is employed or engaged at the Academy.

(3) An “existing non-reserved teacher” is a teacher who—

(a) is employed or engaged as a teacher at the school immediately before the conversion date,

(b) is not a reserved teacher (within the meaning given by section 58(9) of SSFA 1998) at that time, and

(c) becomes employed or engaged as a teacher at the Academy on the conversion date.

(4) An “existing member of the non-teaching staff” is a person who—

(a) is employed or engaged for the purposes of the school immediately before the conversion date, otherwise than as a teacher, and

(b) becomes employed or engaged for the purposes of the Academy on the conversion date.