Provision to be included in Academy agreements
F12BAcademy agreements: provision about coasting schools
(1)
An Academy agreement in respect of an Academy school or an alternative provision Academy must include provision allowing the Secretary of State to terminate the agreement if—
(a)
the Academy is coasting, and
(b)
the Secretary of State has notified the proprietor that it is coasting.
(2)
The Academy agreement must require the Secretary of State, before terminating the agreement on that ground, to give the proprietor a termination warning notice.
(3)
A termination warning notice is a notice requiring the proprietor—
(a)
to take specified action to improve the Academy by a specified date, and
(b)
to respond to the Secretary of State by making representations, or by agreeing to take that action, by a specified date.
(4)
The Academy agreement must provide that the power to terminate the agreement on the ground that the Academy is coasting is available only if the proprietor has failed to comply with a termination warning notice (whether by failing to take specified action, or to respond, on time).
(5)
The Secretary of State may by regulations provide that this section does not apply in relation to an Academy of a description specified in the regulations.
(6)
“ Coasting ”, in relation to an Academy to which this section applies, has the meaning given by regulations under subsection (3) of section 60B of the Education and Inspections Act 2006 in relation to a school to which that section applies.