- Latest available (Revised)
- Point in Time (01/04/2013)
- Original (As enacted)
Point in time view as at 01/04/2013.
Academies Act 2010, Section 7 is up to date with all changes known to be in force on or before 07 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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 [F1 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.
[F2This 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 [F3in 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.
[F4(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
F1Words 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
F2Words 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
F3Words 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
F4S. 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)
C1S. 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
I1S. 7 in force at 1.9.2010 by S.I. 2010/1937, art. 3, Sch. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: