Part VII E+W Independent Schools

Chapter IV E+W City colleges

[F1 482 Academies E+W

(1) The Secretary of State may enter into an agreement with any person under which—

(a) that person undertakes to establish and maintain, and to carry on or provide for the carrying on of, an independent school in England with the characteristics mentioned in subsection (2) and such other characteristics as are specified in the agreement, and

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

(2) The characteristics mentioned above are that the school—

(a) has a curriculum satisfying the requirements of section 78 of the Education Act 2002, but with an emphasis on a particular subject area, or particular subject areas, specified in the agreement, and

(b) provides education for pupils of different abilities who are wholly or mainly drawn from the area in which the school is situated.

(3) Before entering into an agreement under this section, the Secretary of State must consult the following about the establishment of the school—

(a) the local education authority in whose area the school is to be situated; and

(b) if the Secretary of State thinks a significant proportion of the pupils at the school is likely to be resident within the area of another local education authority, that authority.

(4) An agreement under this section shall make any payments by the Secretary of State dependent on the fulfilment of—

(a) conditions and requirements imposed for the purpose of securing that no charge is made in respect of admission to (or attendance at) the school or, subject to such exceptions as may be specified in the agreement, in respect of education provided at the school, and

(b) such other conditions and requirements in relation to the school as are specified in the agreement.

(5) A school to which an agreement under this section relates shall be known as an Academy.

(6) Schedule 35A (which makes provision about land in relation to Academies) has effect.]

Textual Amendments

F1 S. 482 substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(1), 216(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

Modifications etc. (not altering text)

C1 S. 482(3) excluded (prosp.) by Education Act 2002 (c. 32), ss. 70, 216(2), Sch. 8 para. 9(1) (with ss. 210(8), 214(4))

483 City colleges: financial provisions. E+W

(1) Payments under an agreement under section 482 may be in respect of capital or current expenditure.

(2) In so far as such payments relate to current expenditure, the agreement shall provide for their continuance (subject to the fulfilment of the conditions and requirements falling within section 482(4))—

(a) for a period of not less than seven years, or

(b) for an indefinite period terminable by the Secretary of State by not less than seven years’ written notice.

(3) Where such payments relate to capital expenditure, the agreement [F2 may] provide for the repayment to the Secretary of State, in the event of the school at any time discontinuing or ceasing to have the characteristics specified in the agreement and in section 482(2), of sums determined by reference to—

(a) the value at that time of the school premises and other assets held for the purposes of the school, and

(b) the extent to which expenditure incurred in providing those assets was met by payments under the agreement.

[F3 (3A) [F4 If the school is a city academy, subsection (3) shall apply with such modifications (if any) as may be specified by the Secretary of State by order.]]

(4) Without prejudice to subsection (1), an agreement under section 482 may provide for indemnifying a person, in the event of the agreement being terminated by the Secretary of State, for expenditure—

(a) incurred by that person in carrying out the undertakings mentioned in section 482(1), or

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

Textual Amendments

F2 Word in s. 483(3) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(2), 216(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

F3 S. 483(3A) inserted (1.10.2000) by 2000 c. 21, s. 132 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I

F4 S. 483(3A) repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

Modifications etc. (not altering text)

C2 S. 483(3) modified (E.) (12.11.2001) by S.I. 2001/3445, art. 2

[F5 483A City colleges and academies: special educational needs. E+W

(1) This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.

(2) A child falls within this subsection if—

(a) he is a child for whom a statement is maintained under section 324, and

(b) he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or [F6 an Academy] .

(3) The condition in this subsection is satisfied if—

(a) the school is approved by the Secretary of State under section 347(1), or

(b) the Secretary of State consents to the child being educated at the school.

(4) The Secretary of State may by regulations make provision for securing that arrangements are made—

(a) for making the special educational provision specified in the statement;

(b) for making any non-educational provision specified in the statement.

(5) Regulations under subsection (4) may require or authorise a local education authority—

(a) to make payments to the school in respect of the child, or

(b) to provide any other assistance to the school in respect of the child.

(6) No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local education authority making payments or providing assistance by virtue of subsection (5).

(7) [F7 This section does not apply to schools in Wales.]]

Textual Amendments

F5 S. 483A inserted (1.10.2000) by 2000 c. 21, s. 133 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I

F6 Words in s. 483A(2)(b) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65, 216; Sch. 7 Pt. 2 para. 6(4)(a); (with savings in ss. 210(8), 214(4)) S.I. 2002/2002, art. 2

F7 S. 483A(7) ceased to have effect (26.7.2002) and repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 65(3), 215, 216(4), Sch. 7 para. 6(4)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2; S.I. 2002/2439, art. 3