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Academies Act 2010
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Academies Act 2010, Section 9 is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 1 para. 9A and cross-heading inserted by 2023 c. 55 s. 235(1)
[F19Impact: new and expanded educational institutionsE+W
This section has no associated Explanatory Notes
(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).
(4)“Alternative provision” means educational provision for which a local authority has made arrangements under section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere).]
Textual Amendments
F1S. 9 substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 60(1), 82(3); S.I. 2012/84, art. 3
Modifications etc. (not altering text)
C1S. 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)
Commencement Information
I1S. 9 in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1
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