General
Section 15: Transitional provisions
47.Section 15 provides for transitional arrangements in relation to existing Academies, CTCs and CCTAs. It also provides for existing agreements with Academies made under section 482 of the EA 1996 (‘section 482 agreements’) to be treated as agreements made under section 1 of the Act (subsection (6)).
48.Subsections (1) to (5) of the section ensure that existing legislative or other references to section 482 agreements, other than those contained in this Act, are treated as including references to ‘Academy arrangements’ within the meaning of section 1, references to Academy arrangements are treated as including references to section 482 agreements, and references to Academies are treated as including references to CTCs and CCTAs. Subsection (8) permits proprietors of CTCs and CCTAs to agree with the Secretary of State that the college will become known as an Academy, but does not affect the operation of an existing section 482 agreement with such a college if an agreement with the Secretary of State under subsection (8) is not made (subsection (9)).
Section 16: Pre-commencement applications etc
49.Section 16 allows steps taken by schools before section 3 comes into force with a view to converting into an Academy to have effect as if taken under the Act. Thus an application made by the governing body of a maintained school to the Secretary of State to become an Academy prior to the date on which section 3 comes into force will be treated as though made under the Act. Likewise, an application by the governing body to its foundation for consent to make an application will also be treated as having been made after section 3 has come into force (subsection (4)) and any consent given by the foundation prior to commencement of section 3 will be treated as given under the Act (subsection (6)).
Section 17: Interpretation of Act
50.Section 17 contains definitions of terms used in the Act and in particular defines ‘maintained school’. The main freestanding provisions of the Act are treated as being part of the EA 1996 (subsection (3)), and therefore the definitions in that Act will also apply for the purposes of this Act. The Parliamentary procedure specified in that Act for regulations will also apply to regulations made under this Act.
