Academies Act 2010

[^key-b597a9e4fd54729933d3c2692fe7530d]: Words in s. 6(5) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 3(4)(a); S.I. 2012/924, art. 2

[^key-f0db76548cb4b390dcda2c0e5e6c01f7]: Word in s. 6(5) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 3(4)(b); S.I. 2012/924, art. 2

[^key-c92296a8bf588e4d2be1d66febc9152f]: Word in s. 6(7) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 3(5); S.I. 2012/924, art. 2

[^key-fe9b4e3dc528fc7701961754f4288c64]: S. 6(7)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 3(5); S.I. 2012/924, art. 2

[^key-a8be3c9df3bd4d8fff64faef15c151a1]: S. 7(9) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(4)(d), 82(3); S.I. 2012/924, art. 2

[^key-8a66e752f6601babaaa8f69470b5fde8]: Words in s. 7(6) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(4)(b), 82(3); S.I. 2012/924, art. 2

[^key-1f0f838435e25b6388f16d9c116f1dcb]: Words in s. 7(6)(a) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(4)(a), 82(3); S.I. 2012/924, art. 2

[^key-c9adde1692661d7dec1bd74c5ea9920b]: Words in s. 7(7) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(4)(c), 82(3); S.I. 2012/924, art. 2

[^key-39bd07bcca67ebccc2dc418ed2c2db9f]: Words in s. 10A(1)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 4; S.I. 2012/924, art. 2

[^key-0c32597091d501f1d6f254afb8540e1f]: Words in s. 17(2) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(5), 82(3); S.I. 2012/924, art. 2

[^key-7eb5619ff9056c4c411b9cff75edca10]: Words in Sch. 1 para. 10(1)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 5(2)(a); S.I. 2012/924, art. 2

[^key-6762759fb39e53b0698270a9da31d540]: Words in Sch. 1 para. 10(3)(c) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 5(2)(b); S.I. 2012/924, art. 2

[^key-90cd37041ce91518f22f7dc4714a0a56]: Words in Sch. 1 para. 13(3)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 5(3); S.I. 2012/924, art. 2

[^key-9d8d7453465d9175d38ac530e29db9cc]: S. 9(4) modified (18.5.2012) by The Wiltshire Council (Arrangements for the Provision of Suitable Education) Order 2012 (S.I. 2012/1107), arts. 1(2)(a), 8 (with art. 5)

[^key-39d3251c0dad0edd4dcd70b4e85c8a06]: S. 3 applied (with modifications) by SI 2007/2979 Sch. 1 para. 23B (as inserted (31.5.2012) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012 (S.I. 2012/1201), regs. 1(2), 4)

[^key-6aecb572cd399cc127c1634724b5fca9]: S. 4 applied (with modifications) by S.I. 2007/2979 Sch. 1 para. 23C (as inserted (31.5.2012) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012 (S.I. 2012/1201), regs. 1(2), 4)

[^key-b5987d47cbd5297237ed825a5147aab3]: S. 5 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 23D (as inserted (31.5.2012) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012 (S.I. 2012/1201), regs. 1(2), 4)

[^key-8f83ddeb8603239d9a18f3c56d1ba98b]: S. 6 applied (with modifications) by SI 2007/2979 Sch. 1 para. 23E (as inserted (31.5.2012) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012 (S.I. 2012/1201), regs. 1(2), 4)

[^key-699207b58a2f7ea540bc09aebc2b6952]: S. 6 applied (with modifications) by SI 2007/2979 Sch. 1 para. 23F (as inserted (31.5.2012) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012 (S.I. 2012/1201), regs. 1(2), 4)

[^key-e1842f22421b1842e8006bdf58d2c1c6]: S. 1(7)(8) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 95; S.I. 2014/889, art. 7(a)

[^key-38ef5ca7cf4581497cc1a72f07d7abc2]: Ss. 2A-2D inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 14, 19(2); S.I. 2016/466, reg. 2

[^key-25ee70ad6456e87ac8e0ea172db863fb]: S. 5 substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 8, 19(2); S.I. 2016/466, reg. 2

[^key-fdb7c6788af0897a8cdd7bbff202bc08]: S. 5A inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 9, 19(2); S.I. 2016/466, reg. 2

[^key-358ca689e3bbd777035dd4fca47db408]: S. 5B inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 10, 19(2); S.I. 2016/466, reg. 2

[^key-d7a0e56953bcc59638eff9787b9439c6]: S. 5C inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 11, 19(2); S.I. 2016/466, reg. 2

[^key-6517d0d44cee83f32780c240f9b137d9]: S. 5D inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 12, 19(2); S.I. 2016/466, reg. 2

[^key-f15341923ba4fb7bdd75057a7d61260c]: S. 5E inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 13, 19(2); S.I. 2016/466, reg. 2

[^key-40bfbfcc524d2502355a8ae5aa7ad2d9]: Words in s. 2C(2) substituted (18.4.2016) by The Education and Adoption Act 2016 (Commencement, Transitional Provisions and Savings) Regulations 2016 (S.I. 2016/466), reg. 3(1)

[^key-4cea43f1951acd02bf2de60b3584fc5f]: Words in s. 2D(6) substituted (18.4.2016) by The Education and Adoption Act 2016 (Commencement, Transitional Provisions and Savings) Regulations 2016 (S.I. 2016/466), reg. 3(2)

[^key-2771c76bab450416255b8648efed937a]: S. 4(A1) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 7(2), 19(2); S.I. 2016/466, reg. 2 (with reg. 5)

[^key-27f4b39bdb33101d2c87821b7b02f303]: Words in s. 4(1)(b) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 7(3), 19(2); S.I. 2016/466, reg. 2 (with reg. 5)

[^key-21f9bb36c8f9139e8596b30e359ef450]: S. 4 amendment to earlier affecting provision S.I. 2007/2979, Sch. 1 para. 23C (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 3

[^key-dec7ea4009ff9d1c3b938882eb813fff]: S. 5 amendment to earlier affecting provision S.I. 2007/2979, Sch. 1 para. 23D (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 4

[^key-c155fd17ca4dd063182da857b50f6fb1]: Ss. 5B-5E applied by S.I. 2007/2979, Sch. 1 paras. 23DA-23DD (as inserted (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 5)

[^key-335d971563f58ba3a72851a6cc754801]: S. 2B excluded (11.1.2017) by The Coasting Schools (England) Regulations 2017 (S.I. 2017/9), regs. 1, 3(2)

[^key-2c3ae5a03529db7afc10365af52e476c]: Act: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(f), 35(4)(f), 70(2); S.I. 2018/346, reg. 4(e)(f)

[^key-6d533dce8ab0a202e7b844b606c3b6e8]: Cross-heading inserted (1.9.2018) by Children and Social Work Act 2017 (c. 16), ss. 6(2), 70(2); S.I. 2018/497, reg. 4(a)

[^key-46c0aa06f0f953a211038980e4cf9bdb]: S. 2E inserted (1.9.2018) by Children and Social Work Act 2017 (c. 16), ss. 6(1), 70(2); S.I. 2018/497, reg. 4(a)

[^M_C_23f70d37-34cb-4460-cfac-8988e8024b1e]: S. 7(1)-(3)(6)-(8) applied (with modifications) (1.4.2013) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), Sch. 1 para. 23EA (as inserted by The Pupil Referral Units (Miscellaneous Amendments) (No. 2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(7))

[^key-52e65116a7ff09fb685afd1823961272]: S. 1A(1)(b): power to disapply conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)

[^key-8c92ef55ace71dd82a40c4b1e3e858e1]: S. 1B(4)-(7) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(1), 208(4)(t)

[^key-3d739c2c16073aa3cb36b8db48388156]: S. 12(5)(6) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 164(2), 208(4)(t)

[^key-056149a6461e6d036f0f70c78abd474a]: Ss. 8A, 8B and cross-heading inserted (28.6.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 31, 36(2)

10A

• (1) This section applies where—

• (a) a registered pupil at an Academy school or an alternative provision Academy is provided with board and lodging at the Academy, and

• (b) the local authority for the pupil's area is satisfied that either condition A or condition B is met.

• (2) Condition A is that education suitable to the pupil's age, ability and aptitude, and to any special educational needs the pupil may have, cannot otherwise be provided for the pupil.

• (3) Condition B is that payment of the full amount of the charges in respect of the board and lodging would involve financial hardship to the pupil's parent.

• (4) If the authority is satisfied that condition A is met, the authority must pay the full amount of the charges in respect of the board and lodging to the proprietor of the Academy.

• (5) If the authority is satisfied that condition B is met, the authority must pay to the proprietor of the Academy so much of the charges in respect of the board and lodging as, in the opinion of the authority, is needed to avoid financial hardship to the pupil's parent.

• (6) The proprietor of the Academy must remit the charges that would otherwise be payable by the pupil's parent, to the extent that it receives a payment from the local authority in respect of those charges under subsection (4) or (5).

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.

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.

• (4) A 16 to 19 Academy may provide secure accommodation for its students, but only if it is approved to do so by the Secretary of State.

• (5) “Secure accommodation” means accommodation that is provided for the purpose of restricting liberty.

• (6) The Secretary of State may grant approval under subsection (4) subject to conditions.

• (7) A 16 to 19 Academy which provides secure accommodation for its students is to be known as a secure 16 to 19 Academy.

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.

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.

Effect of Academy order

Consultation: new and expanded educational institutions

Part 1 — Land held by a local authority

Transfer scheme where land ceases to be used for purposes of a school or 16 to 19 Academy

Transfer scheme following proposals for establishment of new Academy

Transfer schemes under paragraphs 1 and 2: general

Restriction on disposal of land held by local authority for purposes of a school or 16 to 19 Academy

Restriction on appropriation of land held by local authority for purposes of a school or 16 to 19 Academy

Class consents

Duty to inform Secretary of State on proposed change of use of land used for purposes of a school or 16 to 19 Academy

Part 2 — Land held by a governing body, a foundation body or trustees

Power of Secretary of State to make direction where Academy order made

Power of Secretary of State to make direction on discontinuance of foundation, voluntary or foundation special school

Power of Secretary of State to make direction on proposed disposal of school land

Transfer of land and other property on dissolution of governing body

13

• (1) This paragraph applies where a governing body of a school are to be dissolved by virtue of paragraph 5(2)(a)(iv) of Schedule 1 to EA 2002 (dissolution of governing body on conversion date following Academy order).

• (2) Where a governing body are so dissolved, the following are transferred as provided in sub-paragraph (3)—

• (a) all publicly funded land which is held by the governing body for the purposes of the school and which is not transferred on the conversion date (pursuant to a direction under paragraph 10 or otherwise);

• (b) all other property of the governing body which is used or held for the purposes of the school;

• (c) all rights and liabilities of the governing body (including rights and liabilities in relation to staff) which were acquired or incurred for the purposes of the school.

• (3) The land, other property, rights and liabilities are, on the conversion date, transferred to, and by virtue of this Act vest in—

• (a) the local authority that maintained the school, or

• (b) such person concerned with the running of an Academy school as the Secretary of State directs before the conversion date.

• (4) Sub-paragraph (2) does not apply to—

• (a) any land for which provision has been made for payment under paragraph 10(3)(b),

• (b) any land or other property which is held by the governing body on trust for the purposes of the school,

• (c) any property or rights to which section 7 (transfer of school surpluses) applies, or

• (d) unless the Secretary of State otherwise directs before the conversion date, any liabilities of the governing body in respect of a loan made to the governing body.

• (5) Subject to sub-paragraphs (6) and (7), a governing body who are to be dissolved as mentioned in sub-paragraph (1) may transfer any land or other property which is held by them on trust for the purposes of the school to any person to hold such land or other property on trust for purposes connected with the provision of education in schools.

• (6) Sub-paragraph (5) does not apply to land in respect of which a direction has been made under paragraph 10(3) (a) or (c).

• (7) Sub-paragraph (5) does not apply to land or other property held by a governing body on trust for the purposes of the school in a case where any other persons (“other trustees”) also hold land or other property on trust for the purposes of the school.

• (8) In a case mentioned in sub-paragraph (7), the land or other property held on trust by the governing body is, on the conversion date, transferred to, and by virtue of this Act vests in, the other trustees.

• (9) If any doubt or dispute arises as to the persons to whom land or other property is transferred under sub-paragraph (8), it is to be treated as so transferred to such persons as the Secretary of State directs.

Part 3 — Land held for the purposes of an Academy

Notice in relation to certain land held for the purposes of an Academy

14

• (1) This paragraph applies to land—

• (a) that is held for the purposes of an Academy, and

• (b) that has been acquired or enhanced in value wholly or partly by payments made by or on behalf of—

• (i) a local authority, or

• (ii) the Secretary of State.

This is subject to sub-paragraph (2).

• (2) If a leasehold interest in land is held for the purposes of a new Academy, this paragraph does not apply to—

• (a) that or any other leasehold interest in the land, or

• (b) a freehold interest in the land.

• (3) An Academy is a new Academy for the purposes of sub-paragraph (2) if, by virtue of section 9(1)(a) (new educational institutions), the duty in section 9(2) (impact on other schools etc) applied when the Secretary of State was deciding whether to enter into Academy arrangements in relation to it.

• (4) In the case of land to which this paragraph applies that has been acquired or enhanced in value wholly or partly by payments made by or on behalf of a local authority, the authority may serve a notice under sub-paragraph (6).

• (5) In the case of land to which this paragraph applies that has been acquired or enhanced in value wholly or partly by payments made by or on behalf of the Secretary of State, the Secretary of State may serve a notice under sub-paragraph (6).

• (6) A notice under this sub-paragraph is a notice that the land is publicly funded land for the purposes of this Schedule.

• (7) A notice under sub-paragraph (6) must be served—

• (a) on the person holding the land (subject to sub-paragraph (8)),

• (b) within the period of six months beginning with the date on which the payments were made, or, if there is more than one such date, the latest of those dates.

• (8) Where the land is vested in the official custodian for charities in trust for a charity, a notice under sub-paragraph (6) must be served—

• (a) on the charity, if the charity is a corporate charity;

• (b) on the persons having the general control and management of the administration of the charity, in any other case.

Power of Secretary of State to make direction on educational institution ceasing to be an Academy

15

• (1) This paragraph applies if—

• (a) an educational institution ceases to be an Academy, and

• (b) immediately before it does so, publicly funded land is held by a person for the purposes of the Academy.

• (2) Sub-paragraph (1)(a) applies whether or not, on the educational institution ceasing to be an Academy, it simultaneously ceases to function as an educational institution.

• (3) The Secretary of State may make one or more of the following directions—

• (a) a direction that the land or any part of the land be transferred to such local authority as the Secretary of State may specify, subject to the payment by that authority of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;

• (b) a direction that the person holding the land pay, either to the Secretary of State or to such local authority as the Secretary of State may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land;

• (c) a direction that the land or any part of the land be transferred to a person concerned with the running of an Academy, subject to the payment by that person or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;

• (d) a direction that the land or any part of the land be transferred to the governing body, foundation body or trustees of a school, subject to the payment by that body or trustees (as the case may be) or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate.

Termination of occupation by Academy of land held by trustees: notice of termination and power of Secretary of State to make direction

16

• (1) This paragraph applies if—

• (a) land has been held for the purposes of a maintained school by the trustees of the school,

• (b) the land is held by the trustees for the purposes of an Academy, and

• (c) the termination of the Academy's occupation of the land would have the result that it was not reasonably practicable for the Academy to continue to be conducted at its existing site.

• (2) A notice given by the trustees to the Academy proprietor that purports to terminate the Academy's occupation of the land is not effective unless—

• (a) the period of notice is reasonable, having regard to the length of time that it would take to terminate the Academy arrangements, and in any event is not less than two years, and

• (b) a copy of the notice is given to the Secretary of State and the local authority by which the school was maintained at the same time as the notice is given to the proprietor.

• (3) Where the trustees give, at the same (or substantially the same) time, notices purporting to terminate an Academy's occupation of two or more pieces of land held by the trustees for the purposes of the Academy, then for the purpose of determining whether sub-paragraph (1)(c) applies in relation to any of those pieces of land, regard may be had to the combined effect of terminating the Academy's occupation of both or all of them.

• (4) If a question arises as to whether the termination of an Academy's occupation of any land would have the result mentioned in sub-paragraph (1)(c) (including a question as to whether sub-paragraph (3) applies in any particular circumstances), it is to be determined by the Secretary of State.

• (5) Sub-paragraph (6) applies where a notice that is effective to terminate an Academy's occupation of land relates to publicly funded land.

• (6) The Secretary of State may make one or more of the following directions—

• (a) a direction that the land or any part of the land be transferred to such local authority as the Secretary of State may specify, subject to the payment by that authority of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;

• (b) a direction that the trustees pay, either to the Secretary of State or to such local authority as the Secretary of State may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land;

• (c) a direction that the land or any part of the land be transferred to a person concerned with the running of an Academy, subject to the payment by that person or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;

• (d) a direction that the land or any part of the land be transferred to the governing body, foundation body or trustees of a school, subject to the payment by that body or trustees (as the case may be) or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate.

Power of Secretary of State to make direction on proposed disposal of Academy land

17

• (1) This paragraph applies to a disposal of publicly funded land that is held by a person (“P”) for the purposes of an Academy.

• (2) P must give the Secretary of State notice of P's intention to dispose of the land.

• (3) In determining whether, and how, to give notice to the Secretary of State under sub-paragraph (2), P must have regard to any guidance given from time to time by the Secretary of State.

• (4) On receipt of the notice, the Secretary of State must—

• (a) decide whether to make a direction under sub-paragraph (7) in respect of the land specified in the notice, and

• (b) notify P of that decision.

• (5) P may not dispose of the land until P has been notified of the Secretary of State's decision.

• (6) If the Secretary of State decides to make a direction in respect of the land, P may not dispose of the land except in accordance with the direction.

• (7) The Secretary of State may make one or more of the following directions—

• (a) a direction that the land or any part of the land be transferred to such local authority as the Secretary of State may specify, subject to the payment by that local authority of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;

• (b) a direction that P pay, either to the Secretary of State or to such local authority as the Secretary of State may specify, the whole or any part of the value, as at the date of the direction, of the whole or any part of the land;

• (c) a direction that the land or any part of the land be transferred to a person concerned with the running of an Academy, subject to the payment by that person or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate;

• (d) in the case of playing field land, a direction that the disposal is not to be made.

• (8) In this paragraph—

• (a) “playing field land” means land in the open air which is provided for the purposes of physical education or recreation, other than any land falling within a description prescribed under section 77(7) of SSFA 1998;

• (b) references to a disposal of land include references to a change of use of the land in cases where the land is no longer to be used for the purposes of an Academy.

Part 4 — General

Directions under this Schedule: general

18

• (1) Where a transfer pursuant to a direction under this Schedule relates to registered land, it is the duty of the transferor—

• (a) to execute any such instrument under the Land Registration Act 2002,

• (b) to deliver any such certificate under that Act, and

• (c) to do such other things under that Act,

as the transferor would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.

• (2) A direction under this Schedule may include such incidental, consequential, supplemental and transitional provision as the Secretary of State thinks is appropriate for giving it full effect.

Disapplication of rule against perpetuities

19

• (1) Where—

• (a) land is transferred for no consideration for the purposes of an Academy, and

• (b) the person who transferred the land is granted an option to make a re-acquisition of the land (subject to whatever conditions),

the rule against perpetuities does not apply to the option.

• (2) Sub-paragraph (1) does not apply to an option granted before 26 July 2002.

Disapplication of other Acts

20

• (1) Where a lease is granted or transferred to a person for the purposes of an Academy on or after 26 July 2002, section 153 of the Law of Property Act 1925 (enlargement of leases granted for no rent etc) does not apply to permit that person to enlarge the term under the lease.

• (2) Subsections (2) and (2A) of section 123 of the Local Government Act 1972 (disposals of land by principal councils) do not apply to a disposal of land to a person for the purposes of an Academy.

Regulations

21

• (1) The Secretary of State may make regulations containing such incidental, consequential, supplemental and transitional provisions as the Secretary of State thinks are appropriate in consequence of this Schedule or for giving it full effect.

• (2) Regulations under sub-paragraph (1) about transfer schemes may in particular include provision—

• (a) requiring a person to be appointed by the Secretary of State in connection with the proposed making of a scheme;

• (b) requiring the appointed person to identify the land, rights and liabilities to be transferred by or under a scheme;

• (c) requiring a transferor under a scheme to provide the appointed person with such documents as may be required in order to identify the land, rights and liabilities to be transferred by or under the scheme;

• (d) requiring a transferor under a scheme to execute such instruments, deliver such certificates and do any other such things as are required by the Land Registration Act 2002 in order to transfer the land;

• (e) treating a transferor under a scheme as having given acknowledgement in writing of the rights to production of documents.

• (3) Regulations under sub-paragraph (1) about land held by a local authority may in particular include provision—

• (a) that consent under paragraph 4 (proposed disposal of school land) is to be sought in a specified way;

• (b) that information is to be given under paragraph 9 (duty to inform Secretary of State of proposed change of use of school land) in a specified way.

• (4) Regulations under sub-paragraph (1) about the transfer of land, other property and rights and liabilities under paragraph 13 (transfer of land and other property on dissolution of governing body) may in particular include provision about the production of documents, execution of instruments, delivery of certificates and any other related matters.

Interpretation

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• (1) A dwelling-house used for occupation by a person employed to work at an educational institution is to be treated for the purposes of this Schedule as used for the purposes of the educational institution.

• (2) In this Schedule—

• “foundation body”, in relation to a school, has the same meaning as in SSFA 1998 (see section 21(4) of that Act);

• “trustees”, in relation to a school, means any person (other than the governing body) holding property on trust for the purposes of the school.

• (3) In this Schedule, “publicly funded land” means—

• (a) in relation to land held by a governing body, land falling within any of paragraphs (a) to (i) of paragraph A1(1) of Schedule 22 to SSFA 1998 (disposals of school land on discontinuance etc);

• (b) in relation to land held by a foundation body, land falling within any of paragraphs (a) to (h) of paragraph A7(1) of that Schedule;

• (c) in relation to land held by trustees, other than land held for the purposes of an Academy, land falling within sub-paragraph (1), (2) or (3) of paragraph A13 of that Schedule;

• (d) in relation to land held for the purposes of an Academy—

• (i) land acquired from a governing body, foundation body or trustees that was, at the time of the acquisition, publicly funded land within the meaning of paragraph (a), (b) or (c);

• (ii) land held by trustees for the purposes of an Academy which was previously held by the trustees for the purposes of a maintained school and which, at the time it was held for the purposes of a maintained school, was publicly funded land within the meaning of paragraph (c);

• (iii) land acquired from a local authority;

• (iv) land in relation to which a notice has been served under paragraph 14;

• (v) land acquired from a person concerned with the running of an Academy that was, at the time of the acquisition, publicly funded land within the meaning of sub-paragraphs (i) to (iv) or this sub-paragraph.

• (4) References in this Schedule to a transfer or disposal of land are to the transfer or disposal of a freehold or leasehold interest in the land or to the grant of a lease in respect of the land.

• (5) References in this Schedule to a disposal of land include references to—

• (a) a compulsory disposal,

• (b) in the case of any premises held under a tenancy to which Part 2 of the Landlord and Tenant Act 1954 applies, the termination of the tenancy under that Part,

• (c) entering into a contract to dispose of land, and

• (d) granting an option to acquire a freehold or leasehold interest in land.

• (6) Where—

• (a) a person (A) holds a freehold or leasehold interest in land from which a leasehold interest has been granted to another person (B), and

• (b) B is concerned with the running of an Academy,

for the purposes of this Schedule both A and B are to be treated as holding land for the purposes of an Academy.

• (7) References in this Schedule to a lease include references to a sub-lease.

Effect of Academy order

Consultation: new and expanded educational institutions

Alternative provision Academies

Alternative provision Academies: powers to apply provisions with modifications

Academy agreements: provision about failing schools

2A

• (1) An Academy agreement in respect of an Academy school or an alternative provision Academy must include provision allowing the Secretary of State to terminate the agreement if—

• (a) special measures are required to be taken in relation to the Academy, or

• (b) the Academy requires significant improvement.

• (2) The Academy agreement must require the Secretary of State, before terminating the agreement on one of those grounds, to give the proprietor an opportunity to make representations.

• (3) For the purposes of this section special measures are required to be taken in relation to an Academy, or an Academy requires significant improvement, if the Chief Inspector has given notice under section 13(3)(a) of the Education Act 2005.

2B

• (1) An Academy agreement in respect of an Academy school or an alternative provision Academy must include provision allowing the Secretary of State to terminate the agreement if—

• (a) the Academy is coasting, and

• (b) the Secretary of State has notified the proprietor that it is coasting.

• (2) The Academy agreement must require the Secretary of State, before terminating the agreement on that ground, to give the proprietor a termination warning notice.

• (3) A termination warning notice is a notice requiring the proprietor—

• (a) to take specified action to improve the Academy by a specified date, and

• (b) to respond to the Secretary of State by making representations, or by agreeing to take that action, by a specified date.

• (4) The Academy agreement must provide that the power to terminate the agreement on the ground that the Academy is coasting is available only if the proprietor has failed to comply with a termination warning notice (whether by failing to take specified action, or to respond, on time).

• (5) The Secretary of State may by regulations provide that this section does not apply in relation to an Academy of a description specified in the regulations.

• (6) “ Coasting ”, in relation to an Academy to which this section applies, has the meaning given by regulations under subsection (3) of section 60B of the Education and Inspections Act 2006 in relation to a school to which that section applies.

Sections 2A and 2B: supplementary - old agreements

2C

• (1) An Academy agreement may include further provision about—

• (a) the procedure for terminating the agreement in accordance with the provision required by section 2A or 2B;

• (b) the consequences of terminating the agreement in accordance with that provision.

• (2) This section does not apply to agreements made before 18 April 2016 (but see section 2D).

2D

• (1) An old Academy agreement is to be treated as if it included the new termination powers.

• (2) A provision of an old Academy agreement that relates to the procedure for terminating the agreement does not apply to the new termination powers.

• (3) Subsections (4) and (5) apply where an old Academy agreement—

• (a) contains provision about the consequences of terminating the agreement (“relevant provision”), and

• (b) the relevant provision is expressed in a way that is capable of covering termination in accordance with the new termination powers.

• (4) The relevant provision applies to termination in accordance with the new termination powers.

• (5) If the relevant provision sets out different consequences depending on whether the agreement is terminated on the ground that the proprietor has breached the Agreement or on other grounds, termination in accordance with the new termination powers is to be treated as termination on the grounds of breach by the proprietor.

• (6) In this section—

• “ new termination powers ”, in relation to an Academy agreement, means the powers to terminate in accordance with the provision required by sections 2A and 2B;

• “ old Academy agreement ” means an Academy agreement made before 18 April 2016.

Provision about staff member for looked after and previously looked after pupils

Consultation about conversion: schools not eligible for intervention

Consultation about identity of Academy sponsor in certain cases

5A

• (1) This section applies where an Academy order under section 4(A1) has effect in respect of a foundation or voluntary school that has a foundation.

• (2) Before entering into Academy arrangements in relation to the school the Secretary of State must consult the following about the identity of the person with whom the arrangements are to be entered into—

• (a) the trustees of the school,

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

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

• (3) 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.

• (4) 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.

• (5) In subsections (3) and (4), “specified” means specified in the order under section 69(3) of SSFA 1998 relating to the school.

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

5B

• (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.

5C

• (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.

5D

• (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.

5E

• (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.

Impact: new and expanded educational institutions

Consultation about conversion: schools not eligible for intervention

Consultation about identity of Academy sponsor in certain cases

Power to give directions to do with conversion

Designation of 16 to 19 Academy as having a religious character

Provision to be included in Academy agreements

2E

• (1) An Academy agreement must include provision requiring the proprietor of the Academy—

• (a) to designate a member of staff at the Academy (the “designated person”) as having responsibility for promoting the educational achievement of relevant pupils at the Academy,

• (b) to ensure that the designated person undertakes appropriate training and has regard to any guidance issued by the Secretary of State, and

• (c) in complying with provision included in the agreement by virtue of paragraph (a) or (b), to have regard to any guidance issued by the Secretary of State.

• (2) An Academy agreement made before the day on which section 6 of the Children and Social Work Act 2017 (which inserts this section) comes fully into force is to be treated as if it included the provision required by subsection (1).

• (3) The Secretary of State may by regulations—

• (a) require an Academy agreement to include provision requiring the proprietor of the Academy—

• (i) to ensure that a designated person has qualifications or experience (or both) prescribed by the regulations, and

• (ii) in complying with provision included in the agreement by virtue of sub-paragraph (i), to have regard to any guidance issued by the Secretary of State;

• (b) provide that an Academy agreement made before the day on which the regulations come into force is to be treated as if it included any provision required under paragraph (a).

• (4) In this section—

• “pupil”—in relation to an Academy school or an alternative provision Academy, means a registered pupil at the Academy;in relation to a 16 to 19 Academy, means a person receiving education at the Academy;

• “relevant pupil”, in relation to Academy, means a pupil at the Academy who—is looked after by a local authority,was looked after by a local authority but has ceased to be so looked after as a result of a relevant order, orappears to the proprietor of the Academy—to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, andto have ceased to be in that state care as a result of being adopted;

• “relevant order” means—a child arrangements order (within the meaning given by section 8(1) of the Children Act 1989) which includes arrangements relating to—with whom a child is to live, orwhen a child is to live with any person,a special guardianship order (within the meaning given by section 14A(1) of the Children Act 1989), oran adoption order (within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002).

• (5) For the purposes of this section a person is “looked after by a local authority” if the person is looked after by a local authority for the purposes of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

• (6) For the purposes of this section a person is in “state care” if he or she is in the care of, or accommodated by—

• (a) a public authority,

• (b) a religious organisation, or

• (c) any other organisation the sole or main purpose of which is to benefit society.

• (7) For the purposes of section 569 of EA 1996 (as applied by section 17(4)), regulations under subsection (3)(b) are to be treated as if the statutory instrument containing them fell within subsection (2A) of that section (regulations subject to affirmative procedure).

16 to 19 Academies designated as having a religious character

8A

• (1) The Secretary of State may by order designate a 16 to 19 Academy as having a religious character.

• (2) The Secretary of State may designate an Academy under this section only if the proprietor of the Academy is a qualifying Academy proprietor within the meaning given by section 12(2).

• (3) The order must specify the religion or religious denomination in relation to which the Academy is designated.

• (4) The Secretary of State may make regulations about the procedure to be followed in connection with—

• (a) the designation of an Academy in an order under this section, and

• (b) the inclusion in such an order of the specification required by subsection (3).

• (5) Despite section 568(3) of EA 1996 (orders to be made by statutory instrument subject to the negative procedure), as applied by section 17(4) of this Act, a statutory instrument containing an order under this section is not subject to annulment in pursuance of a resolution of either House of Parliament.

8B

• (1) The articles of association of the proprietor of an Academy designated under section 8A must provide for a majority of the directors of the proprietor to be persons appointed for the purposes of securing, so far as practicable, that—

• (a) the character of the designated Academy reflects the tenets of the religion or religious denomination in relation to which the Academy is designated, and

• (b) in a case where there is a trust deed affecting the designated Academy, the Academy is conducted in accordance with it.

• (2) The proprietor of an Academy designated under section 8A may (accordingly) conduct the Academy in a way that secures that the character of the Academy reflects the tenets of the religion or religious denomination in relation to which the Academy is designated (and, in particular, in a way that is in accordance with any trust deed affecting the Academy).

• (3) The proprietor of an Academy designated under section 8A must ensure that at an appropriate time on at least one day in each week during which the Academy is open an act of collective worship is held at the Academy which pupils at the Academy may attend.

• (4) The act of collective worship must—

• (a) be in such form as to comply with the provisions of any trust deed affecting the Academy, and

• (b) reflect the traditions and practices of the religion or religious denomination in relation to which the Academy is designated.

• (5) The proprietor of an Academy designated under section 8A must ensure that religious education is provided at the Academy for all pupils who wish to receive it.

• (6) The proprietor of an Academy is to be treated as complying with subsection (5) if religious education is provided at a time or times at which it is convenient for the majority of full-time pupils to attend.

• (7) For the purposes of this section religious education may take the form of a course of lectures or classes, or of single lectures or classes provided on a regular basis, and may include a course of study leading to an examination or the award of a qualification.

• (8) The form and content of religious education provided under this section—

• (a) must be in accordance with the provisions of any trust deed affecting the Academy, and

• (b) must not be contrary to the traditions of the religion or religious denomination in relation to which the Academy is designated,

but is otherwise to be determined from time to time by the proprietor of the Academy.

• (9) Notwithstanding section 17(4), in this section—

• (a) “pupil” means a person receiving education at the 16 to 19 Academy;

• (b) “trust deed” includes any instrument (other than the articles or memorandum of association) regulating the constitution of the proprietor of the Academy or the maintenance, management or conduct of the Academy.