Education and Adoption Bill

Amendments
to be moved
on report

[Supplementary to the Marshalled List]

Clause 1

LORD NASH

 

Page 1, line 10, leave out from “if” to end of line 14 and insert “—

(a)   the school is coasting, and

(b)   the Secretary of State has notified the governing body that it
is coasting.”

 

Page 1, line 14, at end insert—

“( )     The Secretary of State may by regulations provide that this section
does not apply in relation to a school of a description specified in
the regulations.”

 

Page 1, line 15, leave out “may” and insert “must”

 

Page 1, line 16, leave out “for the purposes of subsection (1)” and insert “to which
this section applies”

 

Page 1, line 16, at end insert—

“( )     In section 182 (Parliamentary control of orders and regulations), in
subsection (3), after paragraph (a) insert—

“(aza)   the first regulations to be made under section 60B(2)
(regulations defining “coasting” in relation to a school),”.”

After Clause 12

LORD NASH

 

Insert the following new Clause—

“Duty to communicate information about plans to improve school

After section 5D of the Academies Act 2010 (inserted by section 12 above)
insert—

“5E Duty to communicate information about plans to improve school

(1)     Before a maintained school in England which is causing concern is
converted into an Academy, the proposed proprietor of the
Academy must communicate to the registered parents of registered
pupils at the school information about the proposed proprietor’s
plans to improve the school.

(2)     For the purposes of subsection (1)—

(a)   the “proposed proprietor of the Academy” is the person
with whom the Secretary of State proposes to enter or has
entered into Academy arrangements in respect of the
school;

(b)   a school is “causing concern” if it is eligible for intervention
within the meaning of Part 4 of EIA 2006.””

 

Insert the following new Clause—

“Academies causing concern

After section 2 of the Academies Act 2010 insert—

“2A Academy agreements: provision about failing 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)   special measures are required to be taken in relation to the
Academy, or
the Academy requires significant improvement.

(2)     The Academy agreement must require the Secretary of State, before
terminating the agreement on one of those grounds, to give the
proprietor an opportunity to make representations.

(3)     For the purposes of this section special measures are required to be
taken in relation to an Academy, or an Academy requires
significant improvement, if the Chief Inspector has given notice
under section 13(3)(a) of the Education Act 2005.

2B Academy 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 (2) of
section 60B of the Education and Inspections Act 2006 in relation to
a school to which that section applies.

2C Sections 2A and 2B supplementary - new agreements

(1)     An Academy agreement may include further provision about—

(a)   the procedure for terminating the agreement in accordance
with the provision required by section 2A or 2B;

(b)   the consequences of terminating the agreement in
accordance with that provision.

(2)     This section does not apply to agreements made before the day on
which section 1A of the Education and Adoption Act 2015 comes
into force (but see section 2D).

2D Sections 2A and 2B: supplementary - old agreements

(1)     An old Academy agreement is to be treated as if it included the new
termination powers.

(2)     A provision of an old Academy agreement that relates to the
procedure for terminating the agreement does not apply to the new
termination powers.

(3)     Subsections (4) and (5) apply where an old Academy agreement—

(a)   contains provision about the consequences of terminating
the agreement (“relevant provision”), and

(b)   the relevant provision is expressed in a way that is capable
of covering termination in accordance with the new
termination powers.

(4)     The relevant provision applies to termination in accordance with
the new termination powers.

(5)     If the relevant provision sets out different consequences depending
on whether the agreement is terminated on the ground that the
proprietor has breached the Agreement or on other grounds,
termination in accordance with the new termination powers is to be
treated as termination on the grounds of breach by the proprietor.

(6)     In this section—

“new termination powers”, in relation to an Academy
agreement, means the powers to terminate in accordance
with the provision required by sections 2A and 2B;

“old Academy agreement” means an Academy agreement
made before the day on which section 1A of the Education
and Adoption Act 2015 comes into force.””

Prepared 10th December 2015