Academies Act 2010

Academies: other provisions E+W

9 Impact: additional schools E+W

(1) This section applies when the Secretary of State is deciding whether to enter into Academy arrangements in relation to an additional school.

(2) The Secretary of State must take into account what the impact of establishing the additional school would be likely to be on maintained schools, Academies and institutions within the further education sector in the area in which the additional school is (or is proposed to be) situated.

(3) A school is an “additional school” for the purposes of this section if—

(a) it does not replace a maintained school that has been or is to be discontinued, and

(b) it is not a school in respect of which an Academy order has effect.

(4) For the purposes of subsection (3)(a) a school does not replace a maintained school if it provides education for pupils of a wider range of ages than the maintained school.

Commencement Information

I1 S. 9 in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1

10 Consultation: additional schools E+W

(1) Before entering into Academy arrangements with the Secretary of State in relation to an additional school, a person must consult such persons as the person thinks appropriate.

(2) The consultation must be on the question of whether the arrangements should be entered into.

(3) “Additional school” has the same meaning as in section 9.

Commencement Information

I2 S. 10 in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1

[F1 10A Charges at boarding Academies E+W

(1) This section applies where—

(a) a registered pupil at an Academy is provided with board and lodging at the Academy, and

(b) the local authority for the pupil's area is satisfied that either condition A or condition B is met.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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).]

Textual Amendments

F1 S. 10A inserted (15.1.2012) by Education Act 2011 (c. 21), ss. 61, 82(2)(e)

11 Annual reports E+W

(1) For each academic year the Secretary of State must prepare and publish a report containing information on—

(a) Academy arrangements entered into during the year, and

(b) the performance of Academies during the year (see subsection (2)).

(2) The report must include information relating to the performance of Academies which has been provided to the Secretary of State pursuant to—

(a) regulations made under section 537 of EA 1996 (power of Secretary of State to require information);

(b) Academy arrangements.

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

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

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

Commencement Information

I3 S. 11 in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1

12 Charitable status of Academy proprietors etc E+W

(1) A qualifying Academy proprietor is a charity.

(2) A “qualifying Academy proprietor” is a company—

(a) which is limited by guarantee,

(b) whose registered office is situated in England and Wales,

(c) which in pursuance of Academy arrangements is the proprietor of an Academy, and

(d) whose object as expressed in its articles or memorandum of association (or each of whose objects as so expressed) is a charitable purpose.

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

(4) In Schedule 2 to the Charities Act 1993 (exempt charities), after paragraph (c) insert—

“(ca) a qualifying Academy proprietor (as defined in section 12(2) of the Academies Act 2010);”.

Commencement Information

I4 S. 12(1)-(3) in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1

I5 S. 12(4) in force at 1.1.2011 in so far as not already in force by S.I. 2010/1937, art. 4, Sch. 3

I6 S. 12(4) in force at 1.8.2011 by S.I. 2011/1149, art. 2

13 Academies: land E+W

Schedule 1 (Academies: land) has effect.

Commencement Information

I7 S. 13 in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1

14 Academies: amendments E+W

Schedule 2 (Academies: amendments) has effect.

Commencement Information

I8 S. 14 in force at 29.7.2010 for specified purposes by S.I. 2010/1937, art. 2, Sch. 1

I9 S. 14 in force at 1.9.2010 for specified purposes by S.I. 2010/1937, art. 3, Sch. 2

I10 S. 14 in force at 1.1.2011 in so far as not already in force by S.I. 2010/1937, art. 4, Sch. 3