The Secretary of State may enter into Academy arrangements with any person (“the other party”).

Academy financial assistance is financial assistance given by the Secretary of State under section 14 of EA 2002 on terms that require the other party to give the undertakings in subsection (5).

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F23An educational institution to which Academy arrangements relate is to be known as an Academy.

An Academy which meets the requirements of this section is to be known as an Academy school.

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.

“ Education ” includes vocational, social, physical and recreational training.

An Academy which meets the requirements of this section is to be known as a 16 to 19 Academy.

“ 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.

An Academy which meets the requirements of this section is to be known as an alternative provision Academy.

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.

“ Statutory provision ” means a provision made by or under this or any other Act, whenever passed or made.

Payments under an Academy agreement may be in respect of capital or current expenditure.

If an Academy agreement makes provision for payments in respect of capital expenditure, the agreement may provide for the repayment to the Secretary of State, in circumstances specified in the agreement, of sums determined in accordance with the agreement.

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Where a local authority fails to secure satisfactory provision for pupils with low incidence special educational needs or disabilities, the Secretary of State may make alternative arrangements.

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.

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.

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

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).

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.

“ 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.

This section does not apply to agreements made before F4918 April 2016 (but see section 2D).

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

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

The relevant provision applies to termination in accordance with the new termination powers.

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.

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 F5018 April 2016.

The governing body of a maintained school in England may apply to the Secretary of State for an Academy order to be made in respect of the school.

In the case of a foundation or voluntary school that has a foundation, this is subject to subsections (3) and (4).

The governing body of a foundation or voluntary school that has a foundation must consult the foundation before making an application under this section.

Expressions used in subsections (2) to (4) and SSFA 1998 have the same meaning as in that Act.

The Secretary of State must make an Academy order in respect of a maintained school in England that is eligible for intervention by virtue of section 61 or 62 EIA 2006 (schools requiring significant improvement or schools requiring special measures).

An Academy order in respect of a school is an order for the purpose of enabling the school to be converted into an Academy.

A maintained school is “converted into” an Academy if Academy arrangements are entered into in relation to the school or F26an educational institution that replaces it.

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 Academy order is not required to be exercised by statutory instrument.

An Academy order may include incidental, consequential, supplemental and transitional provision.

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.

In subsections (8) and (9), “ specified ” means specified in the order under section 69(3) of SSFA 1998 relating to the school.

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

Before a maintained school in England is converted into an Academy, the school's governing body must consult such persons as they think appropriate about whether the conversion should take place.

But this section does not apply if an Academy order under section 4(A1) or (1)(b) has effect in respect of the school.

Consultation for the purposes of this section may be carried out before or after an Academy order, or an application for an Academy order, has been made in respect of the school.

In the case of a federated school, the reference in subsection (1) to the governing body includes a reference to any members of the governing body.

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.

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.

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

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

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.

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.

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.

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.

A direction may specify the period within which any steps must be taken.

The Secretary of State may by order revoke an Academy order under section 4(A1) or (1)(b).

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).

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.

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.

This section applies if an Academy order has effect in respect of a school.

The local authority must cease to maintain the school on the date (“the conversion date”) on which the school, or F27 an educational institution that replaces it, opens as an Academy (“the Academy”).

If the school is a selective school F28 and is to be converted into an Academy school , F29 section 1A(1)(c) (requirement to provide education for pupils of different abilities) does not apply in relation to any Academy arrangements to be entered into in relation to the school or F30an educational institution that replaces it.

F31 If the Academy is an Academy school, the relevant independent school standards are to be treated as met in relation to F32it on the conversion date.

“The relevant independent school standards” are the independent school standards (as defined in section 157(2) of EA 2002) that are applicable to the Academy on the conversion date.

The Academy is to be treated, on the conversion date, as designated by order under section 69(3) of SSFA 1998 as an independent school having that religious character.

Nothing in any of the following provisions applies in a case where a local authority cease to maintain a school as a result of an Academy order—

• section 30 of SSFA 1998 (notice to discontinue school);

• sections 15 to 17 of EIA 2006 (procedure for discontinuance of schools).

The local authority must pay any amount determined under subsection (2)(b) to the proprietor of the Academy, subject to the provisions of regulations under subsection (4).

Regulations may make provision in connection with the determination and payment of the amount of a surplus under this section.

For the purposes of subsection (6), the amount which, immediately before the conversion date, has been made available F38in respect of a school to the school's governing body must be calculated taking into account any relevant redetermination for the funding period in which the conversion date falls.

In subsection (7)—

• “funding period” has the meaning given by section 45(1B) of SSFA 1998;

• “relevant redetermination” means a redetermination of the school's budget share which is required in accordance with regulations under section 47 of that Act.

A F13transfer scheme may provide for the transfer of property, rights and liabilities to F12a person concerned with the running of the Academy.

A transfer by virtue of a F13transfer scheme does not affect the validity of anything done by or in relation to the current owner before the transfer takes effect.

A F13transfer scheme may include incidental, consequential, supplemental and transitional provision.

In this section “ the current owner ” means the person by whom the property is held, or in whom the rights or liabilities are vested, immediately before the transfer to be effected by a F13transfer scheme takes effect.

A transfer made by virtue of a F13transfer scheme is binding on all persons even if, apart from this subsection, it would have required the consent or concurrence of any person.

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.

“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).

The person must carry out a consultation on the question of whether the arrangements should be entered into.

The consultation must seek the views of such persons as the person carrying it out thinks appropriate.

Section 9(3) (when educational institution not new) applies for the purposes of this section.

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.

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.

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.

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.

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).

The first report under this section must relate to the academic year beginning 1 August 2010.

The Secretary of State must lay before Parliament a copy of each report under this section.

In this section “academic year” means a period of 12 months beginning on 1 August.

A qualifying Academy proprietor is a charity.

In the definition of “trust corporation” in the provisions listed in subsection (1B), the reference to a corporation appointed by the court in any particular case to be a trustee includes a reference to a qualifying Academy proprietor.

Expressions used in subsection (2) and in the Companies Act 2006 have the same meaning in that subsection as in that Act.

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This section applies to references in a provision of an Act or any other instrument or document, in relation to times on and after the commencement date.

But it does not apply to references in sections 1 to 8 or this section, and is subject to any contrary provision made by or under this or any other Act.

A reference to Academy arrangements is to be read as including a reference to an agreement under section 482 of EA 1996.

A reference to an Academy is to be read as including a reference to a city technology college and a city college for the technology of the arts.

A reference to an agreement under section 482 of EA 1996 is to be read as being or (according to context) including a reference to Academy arrangements.

If an agreement under section 482 of EA 1996 has effect immediately before the commencement date in relation to a school which is known as an Academy, the agreement is to be treated as an Academy agreement under section 1 of this Act.

Subsections (8) and (9) apply if an agreement under section 482 of EA 1996 has effect immediately before the commencement date in relation to a school which is known as a city technology college or a city college for the technology of the arts.

In this section “the commencement date” means the date on which section 1 comes into force.

Subsection (2) applies if, before the commencement date, the governing body of a maintained school in England make an application to the Secretary of State which, if it had been made on or after that date, would have been an application under section 3.

The application is to be treated as an application under that section.

The steps are to be treated as satisfying that requirement.

The consent is to be treated as satisfying that requirement.

In this section “the commencement date” means the date on which section 3 comes into force.

In this Act—

• “EA 1996” means the Education Act 1996;

• “SSFA 1998” means the School Standards and Framework Act 1998;

• “EA 2002” means the Education Act 2002;

• “EA 2005” means the Education Act 2005;

• “EIA 2006” means the Education and Inspections Act 2006;

• “ASCLA 2009” means the Apprenticeships, Skills, Children and Learning Act 2009;

• “CSFA 2010” means the Children, Schools and Families Act 2010.

In this Act—

• “the Academy”, in a case in which an Academy order is made, has the meaning given by section 6(2);

• “the conversion date” has the meaning given by section 6(2);

• F40“federated school” has the meaning given by section 24(2) of EA 2002;

• “the local authority” in relation to a maintained school, means the authority by which the school is maintained;

• “maintained school” means—

  1. a

     a community, foundation or voluntary school, or

  2. b

     a community or foundation special school.

Section 4(3) (when a maintained school is “converted into” an Academy) applies for the purposes of this Act.

EA 1996 and sections 1 to 13, 15 and 16 of this Act are to be read as if those sections were contained in EA 1996.

This Act extends to England and Wales only, subject to subsection (2).

An amendment or repeal made by this Act has the same extent as the provision to which it relates.

Sections 15 to 20 come into force on the day on which this Act is passed.

The other provisions of this Act come into force on whatever day or days the Secretary of State appoints by order made by statutory instrument.

This Act may be cited as the Academies Act 2010.

This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.