The Alternative Provision Academies and 16 to 19 Academies (Consequential Amendments to Subordinate Legislation) (England) Order 2012
Citation, commencement and application1.
This Order—
(a)
may be cited as the Alternative Provision Academies and 16 to 19 Academies (Consequential Amendments to Subordinate Legislation)(England) Order 2012;
(b)
comes into force on 1st May 2012; and
(c)
applies in relation to England only.
Consequential amendments2.
The consequential amendments made by the Schedule have effect.
SCHEDULEConsequential amendments
The Local Authorities (Goods and Services)(Public Bodies) Order 1975
1.
(a)
in the second entry, after “independent school” insert “, or alternative provision Academy that is not an independent school,”; and
(b)
“The proprietor of a 16 to 19 Academy.”.
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
2.
The Taxes (Relief for Gifts)(Designated Educational Establishments) Regulations 1992
3.
(1)
(2)
In regulation 2—
(a)
““the Education Acts” has the meaning given in section 578 of the Education Act 1996;”; and
(b)
in paragraph (2), omit “1944 to 1992”.
(3)
In the Schedule—
(a)
“4.
Any independent school, or any alternative provision Academy that is not an independent school, that—
(a)
is on the register of independent schools in England; and
(b)
is conducted by an educational charity.”; and
(b)
“5A.
Any 16 to 19 Academy.”.
The Education (Grammar School Ballots) Regulations 1998
4.
(1)
(2)
In regulation 2(1) (interpretation), in paragraph (c) of the definition of “electoral list” after “independent school” insert “or an alternative provision Academy that is not an independent school”.
(3)
In regulation 4(1) (meaning of “eligible parent”)—
(a)
“a school situated in the area where the school is—
(i)
an independent school, or
(ii)
an alternative provision Academy that is not an independent school”; and
(b)
in sub-paragraph (c)(i), for “or an independent school” substitute “, an independent school or an alternative provision Academy that is not an independent school”.
(4)
In regulation 20(3)(c) (information to be given to parents), after “school” insert “or at an alternative provision Academy that is not an independent school”.
(5)
In regulation 21 (application of section 497 of the Education Act 1996), after “schools” insert “and alternative provision Academies that are not independent schools”.
The National Minimum Wage Regulations 1999
5.
(a)
for the first reference to “or Further Education Institution” substitute “, Further Education Institution or a 16 to 19 Academy”;
(b)
at the end, insert “or on a full-time course provided by a 16 to 19 Academy”.
The Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 2001
6.
“(ba)
a 16 to 19 Academy.”.
The Higher Education Funding Council for England (Supplementary Functions) Order 2001
7.
The Education (Grant)(Financial Support for Students) Regulations 2001
8.
The Education (Special Educational Needs)(England)(Consolidation) Regulations 2001
9.
(1)
(2)
In the paragraph beginning “If you think that”—
(a)
for “or an independent school” substitute “, an independent school or an alternative provision Academy that is not an independent school”; and
(b)
after the second occurrence of “independent school” insert “and alternative provision Academies”.
(3)
In the paragraph beginning “Such lists of independent”, after “independent” insert “schools, alternative provision Academies”.
The Children’s Homes Regulations 2001
10.
(1)
(2)
“(aa)
any 16 to 19 Academy;”.
(3)
“(4)
In this regulation, “college” means—
(a)
an institution within the further education sector as defined in section 91 of the Further and Higher Education Act 1992; or
(b)
a 16 to 19 Academy.”.
The Police Act 1997 (Criminal Records) Regulations 2002
11.
(1)
(2)
In regulation 5A(za) (enhanced criminal record certificates: prescribed purposes), after “2002)” insert “or 16 to 19 Academy”.
(3)
In regulation 12(1) (exception to unlawful disclosure provisions)—
(a)
“(aa)
by an alternative provision Academy that does not fall within sub-paragraph (a),”;
(b)
“or
(c)
by a 16 to 19 Academy,”; and
(c)
at the end insert “or Academy”.
The Education (Teacher Student Loans)(Repayment etc.) Regulations 2002
12.
“(ia)
a 16 to 19 Academy,”.
The School Companies Regulations 2002
13.
(a)
“(ca)
the proprietor of an alternative provision Academy that is not an independent school;”; and
(b)
“(ea)
the proprietor of a 16 to 19 Academy;”.
The School Companies Regulations (Private Finance Initiative Companies) Regulations 2002
14.
“(ea)
the proprietor of a 16 to 19 Academy;
(eb)
the proprietor of an alternative provision Academy that is not an independent school;”.
The Education (Governors’ Allowances)(England) Regulations 2003
15.
The Education (Teacher Student Loans)(Repayment etc.) Regulations 2003
16.
(a)
in paragraph (1)(a)(ii), at the end insert “or at a 16 to 19 Academy”;
(b)
in paragraph (5)(b), after “sector” insert “or at a 16 to 19 Academy”.
The Crime and Disorder Strategies (Prescribed Descriptions)(England) Order 2004
17.
“(da)
the proprietor of an alternative provision Academy that is not an independent school;
(db)
the proprietor of a 16 to 19 Academy;”.
The Education (Pupil Information)(England) Regulations 2005
18.
(1)
(2)
In regulation 2 (interpretation), in the definition of “responsible person”—
(a)
in paragraph (a), at the end insert “or of an alternative provision Academy that is not an independent school”; and
(b)
in paragraph (c), for “further education institution or” substitute “16 to 19 Academy, further education institution,”.
(3)
In regulation 5(5) (disclosure of curricular and educational records), before “further education institution” insert “16 to 19 Academy,”.
The Further Education (Providers of Education)(England) Regulations 2006
19.
(1)
(2)
In regulation 9 (new members of staff)—
(a)
in paragraph (1)(b), after “England” insert “, or in a 16 to 19 Academy,”; and
(b)
in paragraph (2), after “institution” insert “or 16 to 19 Academy”.
(3)
In regulation 19(2)(a)(ii) (supply staff), after “England” insert “, or in a 16 to 19 Academy,”.
The Childcare Act 2006 (Childcare Assessments) Regulations 2007
20.
“(va)
proprietors of 16 to 19 Academies,”.
The Education (Information About Children in Alternative Provision)(England) Regulations 2007
21.
(1)
(2)
In regulation 3(b) (application), after “an independent school” insert “or at an alternative provision Academy that is not an independent school, where the education is”.
(3)
In regulation 6(k)(ii) (individual information), at the end insert “or in an alternative provision Academy that is not an independent school”.
The Childcare (Inspections) Regulations 2008
22.
The National Child Measurement Programme Regulations 2008
23.
The School Information (England) Regulations 2008
24.
(1)
(2)
In regulation 5(1) (local authority to publish composite prospectus), for “Academies” substitute “Academy schools”.
(3)
In regulations 6(1)(b)(ii) (manner of publication) and 9(1)(b)(ii) (manner of publication), after “Academy” insert “school”.
(4)
In Part 2 of Schedule 3 (information to be published by local authorities)—
(a)
in paragraph 13, for “and independent schools” substitute “schools, independent schools and alternative provision Academies that are not independent schools”; and
(b)
in paragraph 15, for “and independent schools” substitute “, independent schools and alternative provision Academies that are not independent schools”.
The Education (Individual Pupil Information)(Prescribed Persons)(England) Regulations 2009
25.
(1)
(2)
In regulation 2(1) (interpretation), in the definition of “work-based learning provider”, after “school” insert “, 16 to 19 Academy”.
(3)
In regulation 3(6)(a) (prescribed persons), at the end insert “or 16 to 19 Academies”.
The School Staffing (England) Regulations 2009
26.
(1)
(2)
In regulations 12(6)(b) (manner of appointment), 18(3)(b) (supply staff), 24(6)(b) (manner of appointment) and 30(3)(b) (supply staff), after “England” insert “, or in a 16 to 19 Academy,”.
The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010
27.
The Teachers’ Pensions Regulations 2010
28.
(1)
(2)
In Part 1 (employments pensionable without election)—
(a)
in paragraph 2(a), after “Academy” insert “school, alternative provision Academy,”; and
(b)
“(aa)
in a 16 to 19 Academy by the proprietor of the Academy, or”.
The Education (Independent School Standards)(England) Regulations 2010
29.
(1)
(2)
In regulation 2(1) (interpretation), in the definition of “school”, at the end insert “or an alternative provision Academy that is not an independent school”.
(3)
In regulation 3(2) (independent school standards), omit “independent”.
(4)
In Part 4 of Schedule 1, in paragraphs 20(1) and 21(1), for “an independent school” substitute “the school”.
The Care Leavers (England) Regulations 2010
30.
The Education (Independent Educational Provision in England)(Provision of Information) Regulations 2010
31.
(1)
(2)
In regulation 1(2) (citation, commencement and application), after “independent schools” insert “and alternative provision Academies that are not independent educational institutions”.
(3)
In regulation 2 (interpretation)—
(a)
in the definition of “application”, omit the words from “for” to the end; and
(b)
in the definition of “school”, at the end insert “or an alternative provision Academy that is not an independent educational institution”.
(4)
In regulation 3, in the title, omit “of an independent school”.
(5)
In Part 2 of the Schedule, in paragraph 3(1), after “independent school” insert “or an alternative provision Academy that is not an independent educational institution”.
The Education (Non-Maintained Special Schools)(England) Regulations 2011
32.
(1)
(2)
In paragraphs 4(6)(c) (suitability of staff) and 5(4)(c) (supply staff), after “England” insert “, or in a 16 to 19 Academy,”.
The Schedule to this Order makes amendments that are consequential on the creation of new types of Academies by the Education Act 2011 (c. 21) (“the 2011 Act”). Section 53 of the 2011 Act inserts new sections 1A to 1D into the Academies Act 2010 which provide for three types of Academies: Academy schools (existing Academies), 16 to 19 Academies and alternative provision Academies.
Section 4(1B) of the Education Act 1996 (c. 56) (inserted by Schedule 13 to the 2011 Act) provides that a 16 to 19 Academy is not a school. Neither is it an institution within the further education sector under the Education Acts. The Schedule makes amendments to existing legislation to ensure that it applies correctly, or does not apply, to 16 to 19 Academies.
Section 4(1C) of the Education Act 1996 (inserted by Schedule 13 to the 2011 Act) provides that an alternative provision Academy is a school. However, an alternative provision Academy may be full-time or part-time and will not always meet the definition of “independent school” in section 463 of the Education Act 1996. The Schedule makes amendments to existing legislation to ensure that it applies correctly, or does not apply, to alternative provision Academies.
An impact assessment has not been produced for this instrument as it has no impact on business, the public sector or civil society organisations. The impact assessment for the 2011 Act is available at www.education.gov.uk.