Academies Bill [HL]

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Academies Bill [HL]

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Transfer of other property
(1)
This section applies if—
(a)
an Academy order has effect in respect of a school, and
(b)
the school is to be converted into an Academy.
(2)
The Secretary of State may make a scheme (a “property transfer scheme”) in
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relation to property, rights or liabilities which are—
(a)
held for the purposes of the school by a local authority or the school’s
governing body, and
(b)
specified in, or determined in accordance with, the scheme.
(3)
A property transfer scheme may not make provision in relation to—
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(a)
land, or rights or liabilities in respect of land (see Schedule 1), or
(b)
property or rights to which section 7 applies.
(4)
A property transfer scheme may provide for the transfer of property, rights
and liabilities to the proprietor of the Academy.
(5)
A property transfer scheme may—
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(a)
create rights, or impose liabilities, in relation to property, rights or
liabilities transferred by virtue of the scheme;
(b)
provide for anything done by or in relation to the current owner in
connection with any property, rights or liabilities transferred by the
scheme to be treated as done, or to be continued, by or in relation to the
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transferee;
(c)
apportion property, rights and liabilities;
(d)
make provision about the continuation of legal proceedings.
(6)
The things that may be transferred by a property transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be transferred;
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(b)
property acquired, and rights and liabilities arising, after the making of
the scheme.
(7)
A transfer by virtue of a property transfer scheme does not affect the validity
of anything done by or in relation to the current owner before the transfer takes
effect.
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(8)
A property transfer scheme may include incidental, consequential,
supplemental and transitional provision.
(9)
In this section “the current owner” means the person by whom the property is
held, or in whom the rights or liabilities are vested, immediately before the
transfer to be effected by a property transfer scheme takes effect.
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(10)
A transfer made by virtue of a property transfer scheme is binding on all
persons even if, apart from this subsection, it would have required the consent
or concurrence of any person.
Academies: other provisions
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Impact: additional schools
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(1)
This section applies when the Secretary of State is deciding whether to enter
into Academy arrangements in relation to an additional school.

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(2)
The Secretary of State must take into account what the impact of establishing
the additional school would be likely to be on maintained schools, Academies
and institutions within the further education sector in the area in which the
additional school is (or is proposed to be) situated.
(3)
A school is an “additional school” for the purposes of this section if—
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(a)
it does not replace a maintained school that has been or is to be
discontinued, and
(b)
it is not a school in respect of which an Academy order has effect.
(4)
For the purposes of subsection (3)(a) a school does not replace a maintained
school if it provides education for pupils of a wider range of ages than the
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maintained school.
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Consultation: additional schools
(1)
Before entering into Academy arrangements with the Secretary of State in
relation to an additional school, a person must consult such persons as the
person thinks appropriate.
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(2)
The consultation must be on the question of whether the arrangements should
be entered into.
(3)
“Additional school” has the same meaning as in section 9.
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Annual reports
(1)
For each academic year the Secretary of State must prepare and publish a
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report containing information on—
(a)
Academy arrangements entered into during the year, and
(b)
the performance of Academies during the year (see subsection (2)).
(2)
The report must include information relating to the performance of Academies
which has been provided to the Secretary of State pursuant to—
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(a)
regulations made under section 537 of EA 1996 (power of Secretary of
State to require information);
(b)
Academy arrangements.
(3)
The first report under this section must relate to the academic year beginning
1 August 2010.
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(4)
The Secretary of State must lay before Parliament a copy of each report under
this section.
(5)
In this section “academic year” means a period of 12 months beginning on 1
August.
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Charitable status of Academy proprietors etc
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(1)
A qualifying Academy proprietor is a charity.
(2)
A “qualifying Academy proprietor” is a company—
(a)
which is limited by guarantee,
(b)
whose registered office is situated in England and Wales,
(c)
which in pursuance of Academy arrangements is the proprietor of an
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Academy, and

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(d)
whose object as expressed in its articles or memorandum of association
(or each of whose objects as so expressed) is a charitable purpose.
(3)
Expressions used in subsection (2) and in the Companies Act 2006 have the
same meaning in that subsection as in that Act.
(4)
In Schedule 2 to the Charities Act 1993 (exempt charities), after paragraph (c)
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insert—
“(ca)
a qualifying Academy proprietor (as defined in section 12(2) of
the Academies Act 2010);”.
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Academies: land
Schedule 1 (Academies: land) has effect.
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Academies: amendments
Schedule 2 (Academies: amendments) has effect.
General
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Transitional provisions
(1)
This section applies to references in a provision of an Act or any other
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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
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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.
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(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
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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
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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
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(b)
section 68 of EA 2002.
(10)
In this section “the commencement date” means the date on which section 1
comes into force.
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Pre-commencement applications etc
(1)
Subsection (2) applies if, before the commencement date, the governing body
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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—
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(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.
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(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).
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(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.
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Interpretation of Act
(1)
In this Act—
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“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;
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“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
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meaning given by section 6(2);
“the conversion date” has the meaning given by section 6(2);
“the local authority” in relation to a maintained school, means the
authority by which the school is maintained;
“maintained school” means—
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(a)
a community, foundation or voluntary school, or
(b)
a community or foundation special school.

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(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—
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(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.
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Extent
(1)
This Act extends to England and Wales only, subject to subsection (2).
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(2)
An amendment or repeal made by this Act has the same extent as the provision
to which it relates.
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Commencement
(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
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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.
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Short title
(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.
(3)
Nothing in this Act shall impose any charge on the people or on public
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funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.