Academies Act 2010

Conversion of schools into Academies E+W

3 Application for Academy order E+W

(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.

[F1 (6) In the case of a federated school, references in this section to the governing body include references to members of the governing body who—

(a) together make up a proportion of the total number of members that is specified in, or determined in accordance with, regulations, and

(b) consist of or include members of any prescribed description.]

Textual Amendments

F1 S. 3(6) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(2), 82(3); S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C1 S. 3 applied (with modifications) by SI 2007/2979 Sch. 1 para. 23B (as inserted (31.5.2012) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012 (S.I. 2012/1201), regs. 1(2), 4)

Commencement Information

I1 S. 3 in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1

4 Academy orders E+W

[F2 (A1) 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). ]

(1) The Secretary of State may make an Academy order in respect of a maintained school in England if—

(a) [F3 an application in respect of the school is made] under section 3, or

(b) the school is eligible for intervention (within the meaning of Part 4 of EIA 2006) [F4 other than by virtue of section 61 or 62 of EIA 2006].

[F5 (1A) Before making an Academy order under subsection (1)(b) in respect of a foundation or voluntary school that has a foundation, the Secretary of State must consult—

(a) the trustees of the school,

(b) the person or persons by whom the foundation governors are appointed, and

(c) in the case of a school which has a religious character, the appropriate religious body.]

(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 [F6 an educational institution] 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,F7 ...

(b) the local authority,[F8 and

(c) in the case of a foundation or voluntary school that has a foundation—

(i) the trustees of the school,

(ii) the person or persons by whom the foundation governors are appointed, and

(iii) in the case of a school which has a religious character, the appropriate religious body.]

(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, F9 ...

(b) the local authority,[F10 and

(c) in the case of a foundation or voluntary school that has a foundation—

(i) the trustees of the school,

(ii) the person or persons by whom the foundation governors are appointed, and

(iii) in the case of a school which has a religious character, the appropriate religious body.]

(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.

[F11 (8) In this section, “ the appropriate religious body ”, in relation to a school, means—

(a) in the case of a Church of England school or a Roman Catholic school, the appropriate diocesan authority;

(b) in any other case, such body or person representing the specified religion or religious denomination as is prescribed under section 88F(3)(e) of SSFA 1998.

(9) 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.

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

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

Textual Amendments

F2 S. 4(A1) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 7(2), 19(2); S.I. 2016/466, reg. 2 (with reg. 5)

F3 Words in s. 4(1)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(3), 82(3); S.I. 2012/924, art. 2

F4 Words in s. 4(1)(b) inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 7(3), 19(2); S.I. 2016/466, reg. 2 (with reg. 5)

F5 S. 4(1A) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 55(2), 82(3); S.I. 2012/84, art. 3

F6 Words in s. 4(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 2; S.I. 2012/924, art. 2

F7 Word in s. 4(4)(a) omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), ss. 55(3)(a), 82(3); S.I. 2012/84, art. 3

F8 S. 4(4)(c) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 55(3)(b), 82(3); S.I. 2012/84, art. 3

F9 Word in s. 4(5)(a) omitted (1.2.2012) by virtue of Education Act 2011 (c. 21), ss. 55(4)(a), 82(3); S.I. 2012/84, art. 3

F10 S. 4(5)(c) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 55(4)(b), 82(3); S.I. 2012/84, art. 3

F11 S. 4(8)-(11) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 55(5), 82(3); S.I. 2012/84, art. 3

Modifications etc. (not altering text)

C2 S. 4 applied (with modifications) by S.I. 2007/2979 Sch. 1 para. 23C (as inserted (31.5.2012) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012 (S.I. 2012/1201), regs. 1(2), 4)

C3 S. 4 amendment to earlier affecting provision S.I. 2007/2979, Sch. 1 para. 23C (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 3

Commencement Information

I2 S. 4 in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1

[F12 5 Consultation about conversion: schools not eligible for intervention E+W

(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 about whether the conversion should take place.

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

(3) 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.

(4) 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.]

Textual Amendments

F12 S. 5 substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 8, 19(2); S.I. 2016/466, reg. 2

Modifications etc. (not altering text)

C4 S. 5 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 23D (as inserted (31.5.2012) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012 (S.I. 2012/1201), regs. 1(2), 4)

C5 S. 5 amendment to earlier affecting provision S.I. 2007/2979, Sch. 1 para. 23D (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 4

Commencement Information

I3 S. 5 in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1

[F13 5A Consultation about identity of Academy sponsor in certain cases E+W

(1) 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.

(2) Before entering into Academy arrangements in relation to the school the Secretary of State must consult the following about the identity of the person with whom the arrangements are to be entered into—

(a) the trustees of the school,

(b) the person or persons by whom the foundation governors are appointed, and

(c) in the case of a school which has a religious character, the appropriate religious body.

(3) In this section, “the appropriate religious body”, in relation to a school, means—

(a) in the case of a Church of England school or a Roman Catholic school, the appropriate diocesan authority;

(b) in any other case, such body or person representing the specified religion or religious denomination as is prescribed under section 88F(3)(e) of SSFA 1998.

(4) 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.

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

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

Textual Amendments

F13 S. 5A inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 9, 19(2); S.I. 2016/466, reg. 2

[F14 5B Duty to facilitate conversion E+W

(1) 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.

(2) 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.]

Textual Amendments

F14 S. 5B inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 10, 19(2); S.I. 2016/466, reg. 2

Modifications etc. (not altering text)

C6 Ss. 5B-5E applied by S.I. 2007/2979, Sch. 1 paras. 23DA-23DD (as inserted (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 5)

[F15 5C Power to give directions to do with conversion E+W

(1) 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.

(2) 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.

(3) A direction may specify the period within which any steps must be taken.]

Textual Amendments

F15 S. 5C inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 11, 19(2); S.I. 2016/466, reg. 2

Modifications etc. (not altering text)

C6 Ss. 5B-5E applied by S.I. 2007/2979, Sch. 1 paras. 23DA-23DD (as inserted (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 5)

[F16 5D Power to revoke Academy orders under section 4(A1) or (1)(b) E+W

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

(2) 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).

(3) 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.]

Textual Amendments

F16 S. 5D inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 12, 19(2); S.I. 2016/466, reg. 2

Modifications etc. (not altering text)

C6 Ss. 5B-5E applied by S.I. 2007/2979, Sch. 1 paras. 23DA-23DD (as inserted (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 5)

[F17 5E Duty to communicate information about plans to improve school E+W

(1) 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.

(2) For the purposes of subsection (1)—

(a) the “proposed proprietor of the Academy” is the person with whom the Secretary of State proposes to enter or has entered into Academy arrangements in respect of the school;

(b) a school is “causing concern” if it is eligible for intervention within the meaning of Part 4 of EIA 2006.]

Textual Amendments

F17 S. 5E inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 13, 19(2); S.I. 2016/466, reg. 2

Modifications etc. (not altering text)

C6 Ss. 5B-5E applied by S.I. 2007/2979, Sch. 1 paras. 23DA-23DD (as inserted (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 5)

6 Effect of Academy order E+W

(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 [F18 an educational institution ] that replaces it, opens as an Academy (“the Academy”).

[F19 (2A) Subsection (2) does not prohibit the local authority from providing financial or other assistance in respect of the Academy, including by—

(a) making payments in respect of some (but not all) of the expenses of maintaining the Academy,

(b) providing premises, goods or services for the Academy, or

(c) making premises, goods or services available to be used for the purposes of the Academy.]

(3) If the school is a selective school [F20 and is to be converted into an Academy school ], [F21 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 [F22 an educational institution] 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) [F23 If the Academy is an Academy school,] the relevant independent school standards are to be treated as met in relation to [F24 it] 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—

[F25 (a)] 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 [F26 , and

(b) is to be converted into an Academy school.]

(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).

Textual Amendments

F18 Words in s. 6(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 3(2); S.I. 2012/924, art. 2

F19 S. 6(2A) inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 58, 82(1)(e)

F20 Words in s. 6(3) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 3(3)(a); S.I. 2012/924, art. 2

F21 Words in s. 6(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 3(3)(b); S.I. 2012/924, art. 2

F22 Words in s. 6(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 3(3)(c); S.I. 2012/924, art. 2

F23 Words in s. 6(5) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 3(4)(a); S.I. 2012/924, art. 2

F24 Word in s. 6(5) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 3(4)(b); S.I. 2012/924, art. 2

F25 Word in s. 6(7) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 3(5); S.I. 2012/924, art. 2

F26 S. 6(7)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 3(5); S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C7 S. 6 applied (with modifications) by SI 2007/2979 Sch. 1 para. 23F (as inserted (31.5.2012) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012 (S.I. 2012/1201), regs. 1(2), 4)

C8 S. 6 applied (with modifications) by SI 2007/2979 Sch. 1 para. 23E (as inserted (31.5.2012) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012 (S.I. 2012/1201), regs. 1(2), 4)

Commencement Information

I4 S. 6 in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1 (with art. 5)

7 Transfer of school surpluses E+W

(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 [F27 in respect of the school ] 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.

[F28 This subsection is subject to subsection (9).]

(7) For the purposes of subsection (6), the amount which, immediately before the conversion date, has been made available [F29 in 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.

(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.

[F30 (9) If the school is a federated school, the questions of —

(a) whether the school has a surplus, and

(b) if so, the amount of the surplus,

are to be determined in accordance with regulations.]

Textual Amendments

F27 Words in s. 7(6)(a) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(4)(a), 82(3); S.I. 2012/924, art. 2

F28 Words in s. 7(6) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(4)(b), 82(3); S.I. 2012/924, art. 2

F29 Words in s. 7(7) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(4)(c), 82(3); S.I. 2012/924, art. 2

F30 S. 7(9) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(4)(d), 82(3); S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C9 S. 7(1)-(3)(6)-(8) applied (with modifications) (1.4.2013) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), Sch. 1 para. 23EA (as inserted by The Pupil Referral Units (Miscellaneous Amendments) (No. 2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(7))

Commencement Information

I5 S. 7 in force at 1.9.2010 by S.I. 2010/1937, art. 3, Sch. 2

8 [F31 Transfer schemes: other property, rights and liabilities] E+W

(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.

[F32 (2) The Secretary of State may make a scheme (a “transfer scheme”) in relation to—

(a) property used or held for the purposes of the school by a local authority or the school's governing body, and

(b) rights and liabilities (including rights and liabilities in relation to staff) of the local authority or the governing body which were acquired or incurred for the purposes of the school.]

(3) A [F33 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 [F33 transfer scheme] may provide for the transfer of property, rights and liabilities to [F34 a person concerned with the running of the Academy].

(5) A [F33 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 [F33 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 [F33 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 [F33 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 [F33 transfer scheme] takes effect.

(10) A transfer made by virtue of a [F33 transfer scheme] is binding on all persons even if, apart from this subsection, it would have required the consent or concurrence of any person.

Textual Amendments

F31 S. 8 heading substituted (1.2.2012) by Education Act 2011 (c. 21) , ss. 59(5) , 82(3) ; S.I. 2012/84 , art. 3

F32 S. 8(2) substituted (1.2.2012) by Education Act 2011 (c. 21) , ss. 59(2) , 82(3) ; S.I. 2012/84 , art. 3

F33 Words in s. 8(3)-(10) substituted (1.2.2012) by Education Act 2011 (c. 21) , ss. 59(3) , 82(3) ; S.I. 2012/84 , art. 3

F34 Words in s. 8(4) substituted (1.2.2012) by Education Act 2011 (c. 21) , ss. 59(4) , 82(3) ; S.I. 2012/84 , art. 3

Commencement Information

I6 S. 8 in force at 29.7.2010 by S.I. 2010/1937 , art. 2 , Sch. 1