Legalize / United Kingdom / Public General Act

Academies Act 2010

Type Public General Act

Publication 2010-07-27

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Academy arrangements

1

(1) The Secretary of State may enter into Academy arrangements with any person (“the other party”).

(2) “Academy arrangements” are arrangements that take the form of—

(a) an Academy agreement, or

(b) arrangements for Academy financial assistance.

(3) An Academy agreement is an agreement between the Secretary of State and the other party under which—

(a) the other party gives the undertakings in subsection (5), and

(b) the Secretary of State agrees to make payments to the other party in consideration of those undertakings.

(4) Academy financial assistance is financial assistance given by the Secretary of State under section 14 of EA 2002 on terms that require the other party to give the undertakings in subsection (5).

(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.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Academy arrangements must include terms imposed for the purpose of securing that no charge is made in respect of—

(a) admission to, or attendance at, the institution , or

(b) (subject to any exceptions specified in the terms) education provided at the institution.

(10) An educational institution to which Academy arrangements relate is to be known as an Academy.

Payments under Academy agreements

2

(1) Payments under an Academy agreement may be in respect of capital or current expenditure.

(2) So far as payments under an Academy agreement relate to current expenditure, the agreement must provide for them to continue (subject to other requirements of the agreement being fulfilled)—

(a) for at least 7 years, or

(b) indefinitely, but terminable by the Secretary of State giving at least 7 years' written notice.

(3) If an Academy agreement makes provision for payments in respect of capital expenditure, the agreement may provide for the repayment to the Secretary of State, in circumstances specified in the agreement, of sums determined in accordance with the agreement.

(4) An Academy agreement may provide for indemnifying a person, in the event of the Secretary of State terminating the agreement, for expenditure—

(a) incurred by the person in carrying out the undertakings under the agreement, or

(b) incurred by the person (otherwise than by virtue of subsection (3)) in consequence of the termination of the agreement.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where a local authority fails to secure satisfactory provision for pupils with low incidence special educational needs or disabilities, the Secretary of State may make alternative arrangements.

Conversion of schools into Academies

Application for Academy order

3

(1) The governing body of a maintained school in England may apply to the Secretary of State for an Academy order to be made in respect of the school.

(2) In the case of a foundation or voluntary school that has a foundation, this is subject to subsections (3) and (4).

(3) The governing body of a foundation or voluntary school that has a foundation must consult the foundation before making an application under this section.

(4) The governing body of a foundation or voluntary school that has a foundation may make an application under this section only with the consent of—

(a) the trustees of the school, and

(b) the person or persons by whom the foundation governors are appointed.

(5) Expressions used in subsections (2) to (4) and SSFA 1998 have the same meaning as in that Act.

(6) In the case of a federated school, references in this section to the governing body include references to members of the governing body who—

(a) together make up a proportion of the total number of members that is specified in, or determined in accordance with, regulations, and

(b) consist of or include members of any prescribed description.

Academy orders

4

(A1) The Secretary of State must make an Academy order in respect of a maintained school in England that is eligible for intervention by virtue of section 61 or 62 EIA 2006 (schools requiring significant improvement or schools requiring special measures).

(1) The Secretary of State may make an Academy order in respect of a maintained school in England if—

(a) an application in respect of the school is made under section 3, or

(b) the school is eligible for intervention (within the meaning of Part 4 of EIA 2006) other than by virtue of section 61 or 62 of EIA 2006.

(1A) Before making an Academy order under subsection (1)(b) in respect of a foundation or voluntary school that has a foundation, the Secretary of State must consult—

(a) the trustees of the school,

(b) the person or persons by whom the foundation governors are appointed, and

(2) An Academy order in respect of a school is an order for the purpose of enabling the school to be converted into an Academy.

(3) A maintained school is “converted into” an Academy if Academy arrangements are entered into in relation to the school or an educational institution that replaces it.

(4) If an Academy order is made in respect of a school, the Secretary of State must give a copy of the order to—

(a) the governing body and head teacher of the school,...

(b) the local authority, and

(i) the trustees of the school,

(ii) the person or persons by whom the foundation governors are appointed, and

(iii) in the case of a school which has a religious character, the appropriate religious body.

(5) If, after an application has been made under section 3, the Secretary of State decides not to make an Academy order in respect of a school, the Secretary of State must inform the following of the decision and the reasons for it—

(a) the governing body and head teacher of the school, ...

(b) the local authority, and

(i) the trustees of the school,

(ii) the person or persons by whom the foundation governors are appointed, and

(iii) in the case of a school which has a religious character, the appropriate religious body.

(6) 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 Academy order is not required to be exercised by statutory instrument.

(7) An Academy order may include incidental, consequential, supplemental and transitional provision.

(8) In this section, “ the appropriate religious body ”, in relation to a school, means—

(a) in the case of a Church of England school or a Roman Catholic school, the appropriate diocesan authority;

(b) in any other case, such body or person representing the specified religion or religious denomination as is prescribed under section 88F(3)(e) of SSFA 1998.

(9) In the case of a school in relation to which there is more than one religion or religious denomination specified, references to “the appropriate religious body” are to be read as references to both or all of the bodies concerned.

(10) In subsections (8) and (9), “ specified ” means specified in the order under section 69(3) of SSFA 1998 relating to the school.

(11) Expressions used in this section and SSFA 1998 have the same meaning as in that Act.

Consultation on conversion

5

(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.

Effect of Academy order

6

(1) This section applies if an Academy order has effect in respect of a school.

(2) The local authority must cease to maintain the school on the date (“the conversion date”) on which the school, or an educational institution that replaces it, opens as an Academy (“the Academy”).

(2A) Subsection (2) does not prohibit the local authority from providing financial or other assistance in respect of the Academy, including by—

(a) making payments in respect of some (but not all) of the expenses of maintaining the Academy,

(b) providing premises, goods or services for the Academy, or

(3) If the school is a selective school and is to be converted into an Academy school , section 1A(1)(c) (requirement to provide education for pupils of different abilities) does not apply in relation to any Academy arrangements to be entered into in relation to the school or an educational institution that replaces it.

(4) For this purpose a school is a “selective school” if its admission arrangements make provision for selection of pupils by ability, and—

(a) its admission arrangements are permitted to do so by section 100 of SSFA 1998 (permitted selection: pre-existing arrangements), or

(b) the school is designated under section 104 of SSFA 1998 (designation of grammar schools).

Section 99(5) of SSFA 1998 applies for the purposes of this subsection as it applies for the purposes of Chapter 2 of Part 3 of SSFA 1998.

(5) If the Academy is an Academy school, the relevant independent school standards are to be treated as met in relation to it on the conversion date.

(6) “The relevant independent school standards” are the independent school standards (as defined in section 157(2) of EA 2002) that are applicable to the Academy on the conversion date.

(7) Subsection (8) applies if the school—

(a) is a foundation or voluntary school which is designated by order under section 69(3) of SSFA 1998 as a school having a particular religious character , and

(b) is to be converted into an Academy school.

(8) The Academy is to be treated, on the conversion date, as designated by order under section 69(3) of SSFA 1998 as an independent school having that religious character.

(9) Nothing in any of the following provisions applies in a case where a local authority cease to maintain a school as a result of an Academy order—

section 30 of SSFA 1998 (notice to discontinue school);

sections 15 to 17 of EIA 2006 (procedure for discontinuance of schools).

Transfer of school surpluses

7

(1) This section applies if—

(a) an Academy order has effect in respect of a school,

(b) the order was made following an application under section 3, and

(2) The local authority must determine—

(a) whether, immediately before the conversion date, the school has a surplus, and

(b) if so, the amount of the surplus.

(3) The local authority must pay any amount determined under subsection (2)(b) to the proprietor of the Academy, subject to the provisions of regulations under subsection (4).

(4) Regulations may make provision in connection with the determination and payment of the amount of a surplus under this section.

(5) Regulations under subsection (4) may in particular include provision—

(a) requiring the local authority to inform the proprietor of the determinations under subsection (2);

(b) authorising the proprietor to apply to the Secretary of State for a review of those determinations;

(d) about the effect of any such review on the amount required to be paid by the local authority to the proprietor (including provision requiring repayment of sums by the proprietor or the payment of additional sums by the local authority);

(e) about the time limits for doing anything required or permitted to be done under this section or the regulations.

(6) For the purposes of this section—

(a) a school has a surplus immediately before the conversion date if, at that time, there is an amount made available in respect of the school by a local authority to the school's governing body (under section 50 of SSFA 1998 or otherwise) that has not been spent by the governing body or the head teacher;

(b) the amount of the surplus is that amount.

This subsection is subject to subsection (9).

(7) For the purposes of subsection (6), the amount which, immediately before the conversion date, has been made available in respect of a school to the school's governing body must be calculated taking into account any relevant redetermination for the funding period in which the conversion date falls.

(8) In subsection (7)—

“funding period” has the meaning given by section 45(1B) of SSFA 1998;

“relevant redetermination” means a redetermination of the school's budget share which is required in accordance with regulations under section 47 of that Act.

(9) If the school is a federated school, the questions of —

(a) whether the school has a surplus, and

(b) if so, the amount of the surplus,

are to be determined in accordance with regulations.

Transfer of other property

8

(1) This section applies if—

(a) an Academy order has effect in respect of a school, and

(b) the school is to be converted into an Academy.

(2) The Secretary of State may make a scheme (a “transfer scheme”) in relation to—

(a) property used or held for the purposes of the school by a local authority or the school's governing body, and

(b) rights and liabilities (including rights and liabilities in relation to staff) of the local authority or the governing body which were acquired or incurred for the purposes of the school.

(3) A transfer scheme may not make provision in relation to—

(a) land, or rights or liabilities in respect of land (see Schedule 1), or

(b) property or rights to which section 7 applies.

(4) A transfer scheme may provide for the transfer of property, rights and liabilities to a person concerned with the running of the Academy.

(5) A transfer scheme may—

(a) create rights, or impose liabilities, in relation to property, rights or liabilities transferred by virtue of the scheme;

(b) provide for anything done by or in relation to the current owner in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the transferee;

(d) make provision about the continuation of legal proceedings.

(6) The things that may be transferred by a transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme.

(7) A transfer by virtue of a transfer scheme does not affect the validity of anything done by or in relation to the current owner before the transfer takes effect.

(8) A transfer scheme may include incidental, consequential, supplemental and transitional provision.

(9) In this section “ the current owner ” means the person by whom the property is held, or in whom the rights or liabilities are vested, immediately before the transfer to be effected by a transfer scheme takes effect.

(10) A transfer made by virtue of a transfer scheme is binding on all persons even if, apart from this subsection, it would have required the consent or concurrence of any person.

Academies: other provisions

Impact: additional schools

9

(1) This section applies if the Secretary of State is deciding whether to enter into Academy arrangements in relation to—

(a) a new educational institution, or

(b) an existing educational institution that, if the arrangements are entered into, will provide education for pupils of a wider range of ages.

(2) The Secretary of State must take into account what the impact of entering into the arrangements would be likely to be on maintained schools, Academies, institutions within the further education sector and alternative provision in the area in which the institution is proposed to be, or is, situated.

(3) An educational institution is not new for the purposes of this section if—

(a) it replaces one or more maintained schools, Academies or sixth form colleges that have been or are to be discontinued, and

(b) it provides education for persons of the same range of ages as the institution it replaces (or, as the case may be, the institutions it replaces, taken together).

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.