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3. In paragraph 23C(1)—
(a)after sub-paragraph (1) insert—
“(1A) Subsection (A1) has effect as if the following were substituted for it—
“(A1) The Secretary of State must make an Academy order in respect of a unit in England if the circumstances in relation to maintained schools as set out in section 61 or section 62 of the Education and Inspections Act 2006(2) apply in relation to the unit.””; and
(b)for sub-paragraph (2) substitute—
“(2) Subsection (1) has effect as if the following were substituted for it—
“(1) The Secretary of State may make an Academy order in respect of a unit in England if an application in respect of the unit is made under section 3.””.
Paragraphs 23B to F of the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 were inserted by S.I. 2012/1201.
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