Academies Act 2010

General E+W

15 Transitional provisions E+W

(1) 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.

(2) 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.

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

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) If the proprietor of the school and the Secretary of State agree—

(a) the agreement under section 482 of EA 1996 is to be treated as an Academy agreement under section 1 of this Act, and

(b) the school is accordingly to be known as an Academy.

(9) In any other case, the continued operation of the agreement under section 482 of EA 1996 is not affected by the repeal by this Act of—

(a) section 482(1) to (5) of EA 1996, or

(b) section 68 of EA 2002.

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

16 Pre-commencement applications etc E+W

(1) 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.

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

(3) Subsection (4) applies if, before the commencement date—

(a) steps are taken by the governing body of a foundation or voluntary school that has a foundation, and

(b) if section 3 had been in force, those steps would have satisfied the requirement of section 3(3) (consultation of foundation).

(4) The steps are to be treated as satisfying that requirement.

(5) Subsection (6) applies if, before the commencement date—

(a) consent to an application by a governing body is given, and

(b) if section 3 had been in force, the consent would have satisfied any requirement of section 3(4) (consent of trustees and persons appointing foundation governors).

(6) The consent is to be treated as satisfying that requirement.

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

17 Interpretation of Act E+W

(1) 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.

(2) 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);

• [F1 “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—

  (a)

  a community, foundation or voluntary school, or

  (b)

  a community or foundation special school.

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

(4) 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.

(5) Unless the context otherwise requires, a reference in this Act to—

(a) a community, foundation or voluntary school, or

(b) a community or foundation special school,

is to such a school within the meaning of SSFA 1998.

Textual Amendments

F1 Words in s. 17(2) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(5), 82(3); S.I. 2012/924, art. 2

18 Extent E+W

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

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

19 Commencement E+W

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

(2) 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.

(3) An order under subsection (2)—

(a) may make different provision for different purposes or different areas;

(b) may make incidental, consequential, supplemental, transitional or transitory provision or savings.

20 Short title E+W

(1) This Act may be cited as the Academies Act 2010.

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