Conversion of schools into Academies
3Application for Academy order
(1)
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.
(2)
In the case of a foundation or voluntary school that has a foundation, this is subject to subsections (3) and (4).
(3)
The governing body of a foundation or voluntary school that has a foundation must consult the foundation before making an application under this section.
(4)
The governing body of a foundation or voluntary school that has a foundation may make an application under this section only with the consent of—
(a)
the trustees of the school, and
(b)
the person or persons by whom the foundation governors are appointed.
(5)
Expressions used in subsections (2) to (4) and SSFA 1998 have the same meaning as in that Act.
4Academy orders
(1)
The Secretary of State may make an Academy order in respect of a maintained school in England if—
(a)
the governing body of the school make an application under section 3, or
(b)
the school is eligible for intervention (within the meaning of Part 4 of EIA 2006).
(2)
An Academy order in respect of a school is an order for the purpose of enabling the school to be converted into an Academy.
(3)
A maintained school is “converted into” an Academy if Academy arrangements are entered into in relation to the school or a school that replaces it.
(4)
If an Academy order is made in respect of a school, the Secretary of State must give a copy of the order to—
(a)
the governing body and head teacher of the school, and
(b)
the local authority.
(5)
If, after an application has been made under section 3, the Secretary of State decides not to make an Academy order in respect of a school, the Secretary of State must inform the following of the decision and the reasons for it—
(a)
the governing body and head teacher of the school, and
(b)
the local authority.
(6)
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.
(7)
An Academy order may include incidental, consequential, supplemental and transitional provision.
5Consultation on conversion
(1)
Before a maintained school in England is converted into an Academy, the school's governing body must consult such persons as they think appropriate.
(2)
The consultation must be on the question of whether the school should be converted into an Academy.
(3)
The consultation may take place before or after an Academy order, or an application for an Academy order, has been made in respect of the school.
6Effect of Academy order
(1)
This section applies if an Academy order has effect in respect of a school.
(2)
The local authority must cease to maintain the school on the date (“the conversion date”) on which the school, or a school that replaces it, opens as an Academy (“the Academy”).
(3)
If the school is a selective school, section 1(6)(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 a school that replaces it.
(4)
For this purpose a school is a “selective school” if its admission arrangements make provision for selection of pupils by ability, and—
(a)
its admission arrangements are permitted to do so by section 100 of SSFA 1998 (permitted selection: pre-existing arrangements), or
(b)
the school is designated under section 104 of SSFA 1998 (designation of grammar schools).
Section 99(5) of SSFA 1998 applies for the purposes of this subsection as it applies for the purposes of Chapter 2 of Part 3 of SSFA 1998.
(5)
The relevant independent school standards are to be treated as met in relation to the Academy on the conversion date.
(6)
“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.
(7)
Subsection (8) applies if the school is a foundation or voluntary school which is designated by order under section 69(3) of SSFA 1998 as a school having a particular religious character.
(8)
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.
(9)
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).
7Transfer of school surpluses
(1)
This section applies if—
(a)
an Academy order has effect in respect of a school,
(b)
the order was made following an application under section 3, and
(c)
the school is to be converted into an Academy.
(2)
The local authority must determine—
(a)
whether, immediately before the conversion date, the school has a surplus, and
(b)
if so, the amount of the surplus.
(3)
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).
(4)
Regulations may make provision in connection with the determination and payment of the amount of a surplus under this section.
(5)
Regulations under subsection (4) may in particular include provision—
(a)
requiring the local authority to inform the proprietor of the determinations under subsection (2);
(b)
authorising the proprietor to apply to the Secretary of State for a review of those determinations;
(c)
about the procedure for, and the Secretary of State's powers on, any such review;
(d)
about the effect of any such review on the amount required to be paid by the local authority to the proprietor (including provision requiring repayment of sums by the proprietor or the payment of additional sums by the local authority);
(e)
about the time limits for doing anything required or permitted to be done under this section or the regulations.
(6)
For the purposes of this section—
(a)
a school has a surplus immediately before the conversion date if, at that time, there is an amount made available by a local authority to the school's governing body (under section 50 of SSFA 1998 or otherwise) that has not been spent by the governing body or the head teacher;
(b)
the amount of the surplus is that amount.
(7)
For the purposes of subsection (6), the amount which, immediately before the conversion date, has been made available to a school's governing body must be calculated taking into account any relevant redetermination for the funding period in which the conversion date falls.
(8)
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.
8Transfer of other property
(1)
This section applies if—
(a)
an Academy order has effect in respect of a school, and
(b)
the school is to be converted into an Academy.
(2)
The Secretary of State may make a scheme (a “property transfer scheme”) in relation to property, rights or liabilities which are—
(a)
held for the purposes of the school by a local authority or the school's governing body, and
(b)
specified in, or determined in accordance with, the scheme.
(3)
A property transfer scheme may not make provision in relation to—
(a)
land, or rights or liabilities in respect of land (see Schedule 1), or
(b)
property or rights to which section 7 applies.
(4)
A property transfer scheme may provide for the transfer of property, rights and liabilities to the proprietor of the Academy.
(5)
A property transfer scheme may—
(a)
create rights, or impose liabilities, in relation to property, rights or liabilities transferred by virtue of the scheme;
(b)
provide for anything done by or in relation to the current owner in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the transferee;
(c)
apportion property, rights and liabilities;
(d)
make provision about the continuation of legal proceedings.
(6)
The things that may be transferred by a property transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be transferred;
(b)
property acquired, and rights and liabilities arising, after the making of the scheme.
(7)
A transfer by virtue of a property transfer scheme does not affect the validity of anything done by or in relation to the current owner before the transfer takes effect.
(8)
A property transfer scheme may include incidental, consequential, supplemental and transitional provision.
(9)
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 property transfer scheme takes effect.
(10)
A transfer made by virtue of a property transfer scheme is binding on all persons even if, apart from this subsection, it would have required the consent or concurrence of any person.