Education Act 2011

(29) (1) This section applies to a designated institution, other than— (a) an institution conducted by a company, or (b) an institution conducted by an unincorporated association, if the order designating the institution provides for its exemption. (2) For each designated institution to which this section applies, there is to be— (a) an instrument providing for the constitution of a governing body of the institution (to be known as the instrument of government), and (b) an instrument in accordance with which the institution is to be conducted (to be known as the articles of government). (3) In sections 29A to 29C— - “instrument” means an instrument of government or articles of government; - “regulatory instrument”, in relation to an institution, means— 1. an instrument of government or articles of government, or 2. any other instrument relating to or regulating the institution. (29A) (1) The first post-designation instrument and articles of government of a designated institution to which section 29 applies must each comply with subsection (3) and (if the institution is in Wales) subsection (6). (2) The “first post-designation instrument and articles of government” of a designated institution are the first instrument of government and articles of government that the institution has after the designation takes effect. (3) The instrument must meet one of the following requirements— (a) the instrument was in force when the designation took effect and is approved for the purposes of this section by the appropriate authority; (b) the instrument— (i) is made in pursuance of a power under a regulatory instrument or (where there is no such power) by the governing body of the institution, and (ii) (in either case) is approved for the purposes of this section by the appropriate authority; (c) the instrument is made by the appropriate authority by order. (4) An instrument made by the governing body under subsection (3)(b) or the appropriate authority under subsection (3)(c) may replace wholly or in part an existing regulatory instrument. (5) Before making an instrument under subsection (3)(c), the appropriate authority must, so far as it appears practicable to do so, consult— (a) the governing body of the institution, and (b) where there is power under a regulatory instrument to make the instrument, and that power is exercisable by persons other than the governing body of the institution, the persons by whom the power is exercisable. (6) If the institution is in Wales, provision made by the instrument in relation to the appointment of members of the governing body must take into account the members who may be appointed by the Welsh Ministers under section 39 of the Learning and Skills Act 2000. (7) In this section “the appropriate authority”— (a) in relation to an institution in England, means the Secretary of State; (b) in relation to an institution in Wales, means the Welsh Ministers. (29B) (1) This section applies to a designated institution in England which is an institution to which section 29 applies. (2) The governing body of the institution may modify or replace its instrument of government and articles of government. (3) The instrument of government and articles of government (as modified or replaced)— (a) must comply with the requirements of Part 2 of Schedule 4, and (b) subject to that, may make such other provision as may be necessary or desirable. (29C) (1) This section applies to a designated institution in Wales which is an institution to which section 29 applies. (2) Subject to subsection (3), the governing body of the institution may modify, replace or revoke its instrument of government and articles of government if — (a) the instrument falls within section 29A(3)(a), (b) the instrument was made by the governing body, or (c) the instrument was made in pursuance of a power under a regulatory instrument, where there is no other power to modify it. (3) An instrument approved under section 29A(3)(a) or (b) by the Welsh Ministers may not be modified, replaced or revoked without the consent of the Welsh Ministers. (4) The Welsh Ministers may by order modify, replace or revoke the instrument of government or articles of government of the institution. (5) Before making an order under subsection (4), the Welsh Ministers must, so far as it appears practicable to do so, consult— (a) the governing body of the institution, and (b) where there is power under a regulatory instrument to make the instrument, and that power is exercisable by persons other than the governing body of the institution, the persons by whom the power is exercisable.

9

In section 30 (special provision for certain institutions), in subsection (1) for “section 29” substitute “ sections 29 to 29C ”.

10

In section 31 (designated institutions conducted by companies), omit subsection (2A)(a).

11

• (1) Section 33C (establishment of new bodies corporate as sixth form college corporations) is amended as follows.

• (2) In subsection (2), for “the responsible local authority” substitute “ a person or body (“the proposer”) ”.

• (3) In subsection (3)(a), for “authority have” substitute “ proposer has ”.

• (4) In subsection (3)(c)—

• (a) for “authority have” substitute “ proposer has ”;

• (b) for “them” substitute “ the proposer ”.

12

In section 33E (principal powers of a sixth form college corporation), in subsection (2), after “subsection (1)” insert “ and (in the case of a sixth form college corporation to which section 33J applies) section 33J(1A) ”.

13

In section 33F (supplementary powers of a sixth form college corporation)—

• (a) in subsection (6)(e)(ii), for “27” substitute “ 27C or 33P ”;

• (b) omit subsection (7);

• (c) in subsection (10), omit “or section 33G”.

14

Section 33G (restrictions on exercise of supplementary powers of sixth form college corporations) is repealed.

15

Section 33H (duty in relation to promotion of well-being of local area) is repealed.

16

In section 33I(2) (instrument and articles of government of sixth form college corporations)—

• (a) in paragraph (a), after “requirements of” insert “ Part 2 of ” ;

• (b) for paragraph (b) substitute—

(b) subject to that, may make such other provision as may be necessary or desirable.

17

• (1) Section 33J (special provision for certain institutions) is amended as follows.

• (2) After subsection (1) insert—

(1A) A sixth form college corporation to which this section applies may (accordingly) conduct the relevant sixth form college in a way that secures that the established character of the sixth form college is preserved and developed (and, in particular, in a way that is in accordance with any trust deed relating to the college).

• (3) In subsection (3)—

• (a) for “reference in subsection (1)(a) to the established character of a sixth form college is” substitute “ references in subsections (1)(a) and (1A) to the established character of a sixth form college are ”;

• (b) for “a reference” substitute “ references ”.

18

In section 33K (instrument and articles of new sixth form college corporation)—

• (a) in subsection (1), for “YPLA” substitute “ Secretary of State by order ”;

• (b) for subsection (2) substitute—

(2) An order under subsection (1) may not be made unless— (a) the Secretary of State has consulted the corporation, and (b) in the case of a sixth form college corporation to which section 33J applies, the trustees of the relevant sixth form college have given their consent.

19

For section 33L substitute—

(33L) (1) A sixth form college corporation may modify or replace their instrument of government or articles of government. (2) A sixth form college corporation to which section 33J applies may do the things mentioned in subsection (1) only with the consent of the trustees of the relevant sixth form college.

20

For section 33N substitute—

(33N) (1) This section applies if a sixth form college corporation propose that the corporation should be dissolved. (2) The corporation must publish details of the proposal, and such other information as may be prescribed, in accordance with regulations. (3) The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations. (33O) (1) This section and section 33P apply if, after complying with section 33N, a sixth form college corporation resolve that the corporation should be dissolved on a specified date. (2) “The dissolution date” means the date specified in a resolution under subsection (1). (3) The corporation must notify the Secretary of State of the resolution and the dissolution date as soon as reasonably practicable. (4) The corporation are dissolved on the dissolution date. (33P) (1) At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed, subject to subsection (4). (2) The corporation may do so only with the consent of the person or body concerned. (3) A transfer under subsection (1) has effect on the dissolution date. (4) In the case of a sixth form college corporation to which section 33J applies, any property held by the corporation on trust for the purposes of the relevant sixth form college must be transferred to the trustees of the relevant sixth form college. (5) Subsection (6) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes. (6) Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes. (7) Subsection (6) does not apply to property transferred to the person or body by virtue of subsection (4).

21

In section 38 (payments in respect of loan liabilities), in subsection (2), for “YPLA” in both places substitute “ Secretary of State ”.

22

Section 49A (guidance about consultation with students and employees), as it has effect in relation to England, is repealed.

23

Section 51 (publication of proposals) is repealed.

24

In section 53 (inspection of accounts), in subsection (2)—

• (a) after “section 15ZA” insert “ or 18A ”;

• (b) omit “61 or”.

25

• (1) Section 56A (intervention by Chief Executive of Skills Funding) is amended as follows.

• (2) In subsection (1), for the words from “Chief Executive of Skills Funding” to “Executive”)” substitute “ Secretary of State ”.

• (3) In subsection (3), for “Chief Executive” substitute “ Secretary of State ”.

• (4) Omit subsection (4).

• (5) In subsections (5) and (6), for “Chief Executive”, wherever occurring, substitute “ Secretary of State ”.

• (6) In subsection (7), after “include” insert “ — (a) ” and at the end insert—

(b) a direction requiring a governing body to make a resolution under section 27A(1) for the body to be dissolved on a date specified in the direction. (7A) A governing body to which a direction such as is mentioned in subsection (7)(b) is given is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction.

• (7) For subsection (9) substitute—

(9) The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.

• (8) Omit subsection (10).

26

Section 56AA (appointment by Chief Executive of Skills Funding of members of governing body of further education institution) is repealed.

27

Section 56B (intervention policy: England) is repealed.

28

Section 56C (directions) is repealed.

29

Section 56D (notification by local authority or YPLA of possible grounds for intervention) is repealed.

30

• (1) Section 56E (intervention by local authority) is amended as follows.

• (2) In subsection (1), for “responsible local authority are” substitute “ Secretary of State is ”.

• (3) In subsection (3), for “authority” substitute “ Secretary of State ”.

• (4) For subsection (4) substitute—

(4) Subsections (4A) and (4B) apply to a sixth form college which is specified, or falls within a class specified, in an order under section 33J(2). (4A) Before doing one or more of the things listed in subsection (6), the Secretary of State must consult— (a) the trustees of the sixth form college, and (b) each person or body with power under the college's instrument of government to appoint or nominate one or more of its foundation governors. (4B) After carrying out a consultation under subsection (4A), the Secretary of State must give the persons and bodies consulted a notice stating— (a) what the Secretary of State has decided to do; (b) the reasons for the decision.

• (5) In subsection (5)—

• (a) for “authority do one or more of those things, the authority” substitute “ Secretary of State does one or more of the things listed in subsection (6), the Secretary of State ”;

• (b) in paragraph (a), for “authority are” substitute “ Secretary of State is ”;

• (c) in paragraph (b), for “authority have” substitute “ Secretary of State has ”.

• (6) In subsection (6)—

• (a) for “The authority” substitute “ The Secretary of State ”;

• (b) in paragraph (c), for “authority think” substitute “ Secretary of State thinks ”.

• (7) In subsection (7), after “include” insert “ — (a) ” and at the end insert—

(b) a direction requiring a governing body to make a resolution under section 33O(1) for the body to be dissolved on a date specified in the direction. (7A) A governing body to which a direction such as is mentioned in subsection (7)(b) is given is to be taken for the purposes of section 33O(1) to have complied with section 33N before making the resolution required by the direction.

• (8) For subsection (9) substitute—

(9) The Secretary of State may not give a direction to a governing body under subsection (6)(c) which relates to the dismissal of a member of staff.

• (9) Omit subsection (10).

• (10) In the heading, for “local authorities” substitute “ Secretary of State ”.

31

Section 56F (appointment by local authorities of members of sixth form college governing body) is repealed.

32

Section 56G (intervention policy: sixth form colleges) is repealed.

33

Section 56H (intervention by YPLA) is repealed.

34

Section 56I (appointment by YPLA of members of sixth form college governing body) is repealed.

35

Section 56J (notification by Chief Executive of Skills Funding of possible grounds for intervention) is repealed.

36

• (1) Section 82 (joint exercise of functions) is amended as follows.

• (2) For subsection (1) substitute—

(1) A relevant authority may exercise any of its functions jointly with— (a) another relevant authority, or (b) the Secretary of State, to the extent that the Secretary of State is discharging functions under section 14 of the Education Act 2002, where the condition in subsection (1B) is met. (1A) The Secretary of State may exercise functions under section 14 of the Education Act 2002 jointly with a relevant authority where the condition in subsection (1B) is met. (1B) The condition is that it appears to the persons who are to exercise functions jointly that to do so— (a) will be more efficient, or (b) will enable them more effectively to discharge any of their functions.

• (3) In subsection (2), for the words from the beginning to “provision” substitute “ A relevant authority must, if directed to do so by the Secretary of State, make provision jointly with another relevant authority or with the Secretary of State ”.

• (4) In subsection (3)(a) omit “the YPLA,”.

37

In section 83 (efficiency studies), in the table in subsection (1B), for “YPLA” substitute “ Secretary of State ”.

38

In section 88 (stamp duty)—

• (a) for “27” substitute “ 27B, 27C ”;

• (b) for “33N” substitute “ 33P ”.

39

In section 88A (stamp duty land tax)—

• (a) for “27” substitute “ 27B, 27C ”;

• (b) for “33N” substitute “ 33P ”.

40

• (1) Section 89 (orders, regulations and directions) is amended as follows.

• (2) In subsection (2)—

• (a) for “22, 29(6) and (8)” substitute “ 22ZA(1) and (4), 29A(3)(c), 29C(4) ”;

• (b) after “33A(5)(b)” insert “ 33J(2), 33K(1), ”;

• (c) omit “or section 33L”.

• (3) In subsection (3), after “subsection (3A)” insert “ or (3B) ”.

• (4) After subsection (3A) insert—

(3B) An order falls within this subsection if— (a) it is an order revoking (wholly or in part) an order under section 15 or 16 and is made by virtue of section 27A(4), or (b) it is an order revoking (wholly or in part) an order under section 33A, 33B or 33C and is made by virtue of section 33O(4).

41

• (1) Section 90 (interpretation) is amended as follows.

• (2) In subsection (1)—

• (a) after the definition of “further education” insert—

“further education corporation in England” means a further education corporation established to conduct an institution in England; “further education corporation in Wales” means a further education corporation established to conduct an institution in Wales;

;

• (b) omit the definitions of “the responsible local authority” and “the YPLA”.

• (3) Omit subsection (2ZA).

42

In section 92 (index)—

• (a) after the entry for “further education corporation” insert—

further education corporation in England	section 90(1)
further education corporation in Wales	section 90(1)

• (b) omit the entries for “responsible local authority” and “the YPLA”.

43

For Schedule 4 substitute—

SCHEDULE 4 (1) In this Schedule— - “ instrument ” means an instrument of government or articles of government; - “ the institution ” means— 1. in the case of a further education corporation, the institution which the corporation are established to conduct; 2. in the case of the governing body of a designated institution, the institution; 3. in the case of a sixth form college corporation, the relevant sixth form college. (2) This Part applies in relation to— (a) a further education corporation in England; (b) the governing body of a designated institution in England; (c) a sixth form college corporation. (3) In this Part “the body” means— (a) in the case of a further education corporation or a sixth form college corporation, the corporation; (b) in the case of a governing body, the governing body. (4) An instrument must provide for— (a) the number of members of the body, (b) the eligibility of persons for membership, (c) the members to include— (i) staff and students at the institution, and (ii) in the case of a sixth form college corporation, parents of students at the institution aged under 19, and (d) the appointment of members. (5) (1) An instrument must make provision about the procedures of the body and the institution. (2) In particular, an instrument must specify how the body may resolve for its dissolution and the transfer of its property, rights and liabilities. (6) (1) An instrument must make provision for there to be— (a) a chief executive of the institution, and (b) a clerk to the body. (2) An instrument must make provision about the respective responsibilities of the body, the chief executive and the clerk. (3) The responsibilities of the body must include— (a) in the case of a sixth form college corporation to which section 33J applies, the preservation and development of the educational character and mission of the institution and the oversight of its activities; (b) in the case of any other sixth form college corporation, a further education corporation or a governing body, the determination and periodic review of the educational character and mission of the institution and the oversight of its activities; (c) in any case, the effective and efficient use of resources, the solvency of the institution and the body and the safeguarding of their assets. (7) An instrument must require the body to publish arrangements for obtaining the views of staff and students on the matters for which the body are responsible under paragraph 6(3)(a) or (b). (8) An instrument must permit the body to change their name with the approval of the Secretary of State. (9) An instrument must specify how the body may modify or replace the instrument of government and articles of government. (10) An instrument must prohibit the body from making changes to the instrument of government or articles of government that would result in the body ceasing to be a charity. (11) An instrument must provide for— (a) a copy of the instrument to be given free of charge to every member of the body, (b) a copy of the instrument to be given free of charge, or at a charge not exceeding the cost of copying, to anyone else who requests it, and (c) a copy of it to be available for inspection at the institution on request, during normal office hours, to every member of staff of, and student at, the institution. (12) An instrument must provide for the authentication of the application of the seal of the body. (13) This Part applies in relation to further education corporations in Wales. (14) Provision made by an instrument in relation to the appointment of members of the corporation must take into account the members who may be appointed by the Welsh Ministers under section 39 of the Learning and Skills Act 2000. (15) (1) An instrument must provide for— (a) the number of members of the corporation, (b) the eligibility of persons for membership, and (c) the appointment of members. (2) An instrument may provide for the nomination of any person for membership by another, including by a body nominated by the Welsh Ministers. (16) An instrument must provide for one or more officers to be chosen from among the members. (17) An instrument may— (a) provide for the corporation to establish committees, and (b) permit such committees to include persons who are not members of the corporation. (18) An instrument may provide for the delegation of functions of the corporation to— (a) officers or committees, or (b) the principal of the institution. (19) An instrument may provide for the corporation to pay allowances to its members. (20) An instrument must provide for the authentication of the seal of the corporation. (21) An instrument must require the corporation to— (a) keep proper accounts and proper records in relation to the accounts, and (b) prepare in respect of each financial year of the corporation a statement of accounts. (22) An instrument must— (a) provide for the appointment of a principal of the institution, and (b) determine which functions exercisable in relation to the institution are to be exercised by the corporation, its officers or committees and which by the principal of the institution. (23) An instrument must make provision about the procedures of the corporation and the institution. (24) An instrument must provide— (a) for the appointment, promotion, suspension and dismissal of staff, and (b) for the admission, suspension and expulsion of students. (25) An instrument may make provision authorising the corporation to make rules or bye-laws for the government and conduct of the institution, including in particular rules or bye-laws about the conduct of students, staff or both.

Other amendments

44

• (1) LSA 2000 is amended as follows.

• (2) In section 110 (secondary education), in subsection (5), for “51(3A)” substitute “ 16A(2) ”.

• (3) In section 143 (further education sector: designated institutions), in subsection (6)(b), for “section 29” substitute “ any of sections 29 to 29C ”.

45

In section 22 of the Further Education and Training Act 2007 (consultation of further education institutions), in the new section 49A to be inserted into FHEA 1992 in relation to Wales—

• (a) in subsection (1)—

• (i) after “further education sector” insert “ in Wales ”;

• (ii) for “appropriate authority” substitute “ Welsh Ministers ”;

• (b) omit subsection (3).

46

• (1) ASCLA 2009 is amended as follows.

• (2) In section 256 (further education corporations in England: co-operation and promotion of well-being), omit subsection (3).

• (3) In Schedule 6 (dissolution of the Learning and Skills Council for England: minor and consequential amendments), omit paragraphs 3(2), 4(a), 5(a), 7(2), (3), (4)(b), (5)(a), (6) and (7), 8 to 11 and 12(a).

• (4) In Schedule 8 (sixth form college sector), omit paragraphs 7 and 11(3).

SCHEDULE 13

AA 2010

1

AA 2010 is amended as follows.

2

In section 4(3) (Academy orders: when maintained school is “converted into” Academy) for “a school” substitute “ an educational institution ”.

3

• (1) Section 6 (effect of Academy order) is amended as follows.

• (2) In subsection (2), for “a school” substitute “ an educational institution ”.

• (3) In subsection (3) —

• (a) after “selective school” insert “ and is to be converted into an Academy school ”;

• (b) for “section 1(6)(c)” substitute “ section 1A(1)(c) ”;

• (c) for “a school” substitute “ an educational institution ”.

• (4) In subsection (5)—

• (a) at the beginning insert “ If the Academy is an Academy school, ”;

• (b) for “the Academy” substitute “ it ”.

• (5) In subsection (7), after “the school” insert “ (a) ” and at the end insert “, and

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

4

In section 10A (charges at boarding Academies) (inserted by section 61), in subsection (1)(a), for “an Academy” substitute “ an Academy school or an alternative provision Academy ”.

5

• (1) Schedule 1 (Academies: land) (substituted by Schedule 14) is amended as follows.

• (2) In paragraph 10 (power of Secretary of State to make direction where Academy order made)—

• (a) in sub-paragraph (1)(b), for “Academy” substitute “ Academy school ”;

• (b) in sub-paragraph (3)(c), for “Academy” substitute “ Academy school ”.

• (3) In paragraph 13 (transfer of land and other property on dissolution of governing body), in sub-paragraph (3)(b), for “Academy” substitute “ Academy school ”.

Other Acts

6

• (1) The Children Act 1989 is amended as follows.

• (2) In section 62 (voluntary organisations providing accommodation: duties of local authorities), in subsection (10), after “1992,” insert “ a 16 to 19 Academy ”.

• (3) In section 80 (inspection of children's homes etc by persons authorised by Secretary of State)—

• (a) in subsection (5), after paragraph (dc) insert—

(dd) proprietor of a 16 to 19 Academy;

;

• (b) in subsection (13), in the definition of “college”, after “1992” insert “ or a 16 to 19 Academy ”;

• (c) in subsection (13), at the end insert—

“proprietor” has the same meaning as in the Education Act 1996.

• (4) In section 87 (welfare of children in boarding schools and colleges)—

• (a) in subsection (10), in the definition of “college”, after “1992 Act” insert “ or a 16 to 19 Academy ”;

• (b) in subsection (11), after paragraph (c) insert—

(d) in relation to a 16 to 19 Academy, the proprietor of the Academy.

7

In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), after paragraph 10 insert—

(10A) A 16 to 19 Academy.

8

• (1) FHEA 1992 is amended as follows.

• (2) In section 85A (nuisance or disturbance on educational premises)—

• (a) in subsection (2), omit the “and” after paragraph (a) and after paragraph (b) insert

, and (c) any 16 to 19 Academy.

;

• (b) in subsection (4), omit the “and” after paragraph (a) and after paragraph (b) insert

, and (c) in relation to premises of a 16 to 19 Academy, the proprietor.

;

• (c) in subsection (6), omit the “and” after paragraph (a) and after paragraph (b) insert

, and (c) in relation to an offence committed on premises of a 16 to 19 Academy, a person whom the proprietor has authorised to bring such proceedings.

• (3) In section 85AA (power of members of staff to search students for prohibited items: England)—

• (a) in subsection (1), after “England” insert “ , or a 16 to 19 Academy, ”;

• (b) in subsection (6), in the definition of “member of staff”, after “further education sector” insert “ or a 16 to 19 Academy ”.

• (4) In section 85AB (power of search under section 85AA: supplementary), in subsection (3), after “England” insert “ , or a principal of a 16 to 19 Academy, ”.

• (5) In section 85C (power of members of staff to use force)—

• (a) in subsection (1), after “further education sector” insert “ or is a 16 to 19 Academy ”;

• (b) in subsection (5), after “further education sector” insert “ or a 16 to 19 Academy ”.

9

• (1) EA 1996 is amended as follows.

• (2) In section 4 (schools: general)—

• (a) in subsection (1), for “subsection (1A)” substitute “ subsections (1A) to (1C) ”;

• (b) after subsection (1A) insert—

(1B) A 16 to 19 Academy is not a school. (1C) An alternative provision Academy is a school.

• (3) In section 11 (Secretary of State's duty in the case of primary, secondary and further education)—

• (a) in subsection (1)(a), omit the “or” after sub-paragraph (i) and after sub-paragraph (ii) insert

or (iii) in 16 to 19 Academies,

;

• (b) in subsection (1)(b), for “or institutions within the further education sector” substitute “ , institutions within the further education sector or 16 to 19 Academies ”;

• (c) in subsection (2), for “and institutions within the further education sector” substitute “ , institutions within the further education sector and 16 to 19 Academies ”.

• (4) In section 329A (review or assessment of educational needs at request of responsible body), in subsection (12), after paragraph (d) insert—

(da) an alternative provision Academy that is not an independent school,

.

• (5) In section 332B (special educational provision: resolution of disputes), in subsection (8)(c), for “or an Academy” substitute “ , an Academy school or an alternative provision Academy ”.

• (6) In section 337 (special schools), in paragraph (b), for “Academy” substitute “ Academy school ”.

• (7) In section 444 (offence: failure to secure regular attendance at school of registered pupil), in subsection (7A)(a), for sub-paragraph (iii) substitute—

(iii) an Academy school, (iiia) an alternative provision Academy,

.

• (8) In section 444ZA (application of section 444 to alternative education provision), in subsection (8)—

• (a) in paragraph (a), for sub-paragraph (iii) substitute—

(iii) an Academy school, (iiia) an alternative provision Academy,

;

• (b) in paragraph (b), after “(iii),” insert “ (iiia), ”.

• (9) In section 444B (penalty notices: supplemental), in subsection (4), in the definition of “relevant school”, for paragraph (c) substitute—

(c) an Academy school, (ca) an alternative provision Academy,

.

• (10) In section 508A (local authorities in England: duty to promote sustainable modes of travel)—

• (a) in subsection (5)(b), after “further education sector” insert “ , or 16 to 19 Academies, ”;

• (b) in subsection (6)(b), after “further education sector” insert “ , or 16 to 19 Academies, ”.

• (11) In section 508C (local authorities in England: travel arrangements etc for children other than eligible children), in subsection (6)(b), after “further education sector” insert “ , or 16 to 19 Academy, ”.

• (12) In section 508G (local authorities in England: transport policy statements for young adults subject to learning difficulty assessment), in subsection (1), after paragraph (b) insert—

(ba) proprietors of 16 to 19 Academies in the authority's area,

.

• (13) In section 509AA (local authorities in England: provision of transport etc for persons of sixth form age)—

• (a) in subsection (2), omit the “or” at the end of paragraph (c) and after that paragraph insert—

(ca) at any 16 to 19 Academy, or

;

• (b) in subsection (2)(d), for “or (c)” substitute “ , (c) or (ca) ”.

• (14) In section 510 (provision of clothing), in subsection (4)(b), after “further education sector” insert “ or a 16 to 19 Academy ”.

• (15) In section 537 (power of Secretary of State to require information from governing bodies etc), in subsection (1)(b), after “every” insert “ (i) ” and at the end insert “or

(ii) alternative provision Academy which is not an independent school,

.

• (16) In section 557 (adoption of statutory trusts), in subsection (10), in the definition of “relevant school”, for “Academy,” substitute “ Academy school, alternative provision Academy, ”.

• (17) In section 579(1) (general interpretation)—

• (a) in the definition of “Academy”, for “a school” substitute “ an educational institution ”;

• (b) after the definition of “Academy order” insert—

“Academy school”, “16 to 19 Academy” and “alternative provision Academy” have the meanings given by sections 1A, 1B and 1C respectively of that Act;

;

• (c) in the definition of “proprietor”—

• (i) after “a school” insert “ or a 16 to 19 Academy ”;

• (ii) after “the school” insert “ or Academy ”.

• (18) In section 580 (index), at the appropriate places insert the following entries—

Academy school	Section 579(1)
alternative provision Academy	Section 579(1)
---	---
16 to 19 Academy	Section 579(1)
---	---

• (19) In paragraph 15(2) of Schedule 1 (management committees of pupil referral units), after paragraph (g) insert—

(ga) about the effect of closure of a pupil referral unit on members of the management committee for the unit or members of any sub-committee;

.

• (20) In paragraph 15(2) of Schedule 35B (travel arrangements for eligible children: meaning of “qualifying school”), in paragraph (f), for “or an Academy” substitute “ , an Academy school or an alternative provision Academy ”.

10

• (1) SSFA 1998 is amended as follows.

• (2) In section 77 (control of disposals or changes in use of school playing fields) (as amended by Schedule 14)—

• (a) in subsection (2B)(c)(ii), for “of Academy” substitute “ of Academy school ”;

• (b) in subsection (3), for “Academy” (in both places) substitute “ Academy school ”;

• (c) in subsection (4B), for “Academy” substitute “ Academy school ”.

• (3) In section 88 (admission authorities and admission arrangements), in subsection (1)(c) (inserted by section 64), for “Academy” (in both places) substitute “ Academy school ”.

• (4) In section 88H (reference of objections to adjudicator) (as amended by section 64)—

• (a) in subsection (1A), for “an Academy” (in both places) substitute “ an Academy school ”;

• (b) in subsection (6)(b), for “Academy” substitute “ Academy school ”.

• (5) In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (1)(b) (inserted by section 64), for “Academy” substitute “ Academy school ”.

• (6) In section 88K (sections 88H and 88I: supplementary) (as amended by section 64)—

• (a) in subsection (4)(a), for “Academy” substitute “ Academy school ”;

• (b) in subsection (5)(b), for “an Academy” substitute “ an Academy school ”.

• (7) In section 88P (reports by local authorities), in subsection (3)(b), for “Academy” substitute “ Academy school ”.

• (8) In section 88Q (reports under section 88P: provision of information), in subsection (2)(d)(i), for “Academy” substitute “ Academy school ”.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

In section 24 of the Anti-social Behaviour Act 2003 (sections 19 to 22A and 24: interpretation)—

• (a) in the definition of “governing body”, for “Academy” substitute “ Academy school, alternative provision Academy ”;

• (b) in the definition of “relevant school”, for paragraph (e) substitute—

(e) an Academy school, (ea) an alternative provision Academy,

.

12

In section 14 of the International Development Act 2002 (functions of the Commonwealth Scholarship Commission etc), in subsection (1)(b)(i), after “higher education sector” insert “ , at 16 to 19 Academies ”.

13

• (1) EA 2002 is amended as follows.

• (2) In section 135A (requirement to serve induction period: teachers in England) (inserted by section 9)—

• (a) in subsection (1)(d), after “prescribed description)” insert “ or a 16 to 19 Academy ”;

• (b) in subsection (2)(k), for “or to institutions within the further education sector” substitute “ institutions within the further education sector or 16 to 19 Academies ”;

• (c) in subsection (5), after “further education sector” insert “ or a 16 to 19 Academy ”.

• (3) In section 141A (teacher misconduct: teachers to whom sections 141B to 141E apply) (inserted by section 8), in subsection (1), after paragraph (b) insert—

(ba) a 16 to 19 Academy,

.

• (4) In section 141D (supply of information following dismissal, resignation etc) (inserted by section 8), in subsection (4), in paragraph (c) of the definition of “relevant employer”, after “school” insert “ or 16 to 19 Academy ”.

• (5) In section 203 (further education institutions: hazardous material, etc)—

• (a) after subsection (1) insert—

(1A) The Secretary of State may by regulations require the proprietor of a 16 to 19 Academy to prevent the use in the Academy of specified equipment or specified materials without the approval of the Secretary of State.

;

• (b) in subsection (5), at the end insert “ and “proprietor” has the same meaning as in the Education Act 1996 ”.

14

In section 71 of the Income Tax (Trading and Other Income) Act 2005 (educational establishments for the purposes of section 70), in subsection (1), omit the “or” after paragraph (c) and after paragraph (d) insert

, or (e) a 16 to 19 Academy.

15

• (1) EA 2005 is amended as follows.

• (2) In section 5 (duty to inspect certain schools at prescribed intervals), in subsection (2), for paragraph (d) substitute—

(d) Academy schools, (da) alternative provision Academies,

.

• (3) In section 113 (information about the school workforce: introductory), in subsection (2)(c), after “institution” insert “ or a 16 to 19 Academy ”.

16

• (1) EIA 2006 is amended as follows.

• (2) In section 7 (invitation for proposals for establishment of new schools), in subsection (2)(b), for “Academy” substitute “ Academy school ”.

• (3) In section 100 (duty of governing body or proprietor where pupil excluded for fixed period), in subsection (5), in the definition of “governing body”, for “Academy,” substitute “ Academy school, an alternative provision Academy, ”.

• (4) In section 104 (notice to parent relating to excluded pupil), in subsection (8), in paragraph (c) of the definition of “the appropriate authority”, for “Academy,” substitute “ Academy school, an alternative provision Academy, ”.

• (5) In section 111 (meaning of “maintained school” and “relevant school” in Chapter 2 of Part 7), in the definition of “relevant school”, for paragraph (b) substitute—

(b) an Academy school, (ba) an alternative provision Academy,

.

• (6) In section 123 (inspections: education and training to which Chapter applies), in subsection (1) after paragraph (b) insert—

(ba) education provided in 16 to 19 Academies;

.

• (7) In section 125 (inspection of further education institutions), in subsection (1) (amended by section 42), after “sector” insert “ , and all 16 to 19 Academies, ”.

• (8) In Schedule 2 (consideration, approval and implementation of proposals for establishment or discontinuance of schools in England), in paragraph 3A(a) (inserted by Schedule 11), for “an Academy” substitute “ an Academy school ”.

17

• (1) The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

• (2) In section 21 (controlled activity relating to children), in subsection (4), after “Education Act 2002)” insert “ or a 16 to 19 Academy ”.

• (3) In section 59 (meaning of “vulnerable adults”), in subsection (3), after paragraph (d) insert—

(e) a 16 to 19 Academy which provides accommodation for children.

18

In section 71 of the Corporation Tax Act 2009 (educational establishments for the purposes of section 70), in subsection (1), omit the “or” after paragraph (c) and after paragraph (d) insert

, or (e) a 16 to 19 Academy.

19

In section 23 of ASCLA 2009 (duty to prepare and submit draft specification of apprenticeship standards: England), in subsection (2)(b), omit the “and” after sub-paragraph (ii), and after that sub-paragraph insert—

(iia) 16 to 19 Academies, and

.

20

• (1) The Equality Act 2010 is amended as follows.

• (2) In section 91 (students: admission and treatment, etc)—

• (a) in subsection (10), after paragraph (c) insert—

(d) a 16 to 19 Academy.

;

• (b) in subsection (12), after paragraph (a) insert—

(aa) in the case of an institution within subsection (10)(d), the proprietor (within the meaning of the Education Act 1996);

.

• (3) In Schedule 10 (accessibility for disabled pupils), in paragraph 5(3), for paragraph (b) substitute—

(b) Academy schools; (c) alternative provision Academies.

• (4) In Schedule 17 (disabled pupils: enforcement), in paragraph 13(5)(b), for “Academy” substitute “ Academy school or an alternative provision Academy ”.

SCHEDULE 14

Schedule 1 to AA 2010

1

For Schedule 1 to AA 2010 (Academies: land) substitute—