Education Act 2002 (c. 32)

(The document as of February, 2008)

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8 The appropriate authority may nominate one of the interim executive members to be chairman of the interim executive board.

Remuneration and allowances

9 The appropriate authority may pay to any interim executive member such remuneration and allowances as the appropriate authority may determine.

Duty of interim executive board

10 (1) During the interim period, the interim executive board shall conduct the school so as to secure, so far as is practicable to do so, the provision of a sound basis for future improvement in the conduct of the school.

(2) Sub-paragraph (1) is without prejudice to the other duties of the interim executive board as governing body.

Proceedings of interim executive board

11 (1) The interim executive board may determine their own procedure.

(2) The interim executive board may make such arrangements as they think fit for the discharge of their functions by any other person.

Effect on suspension of delegated budget

12 (1) If immediately before the date specified in a notice under section 16A(1) or 18A(1) the school does not have a delegated budget, the suspension of the governing body's right to a delegated budget is by virtue of this sub-paragraph revoked with effect from that date.

(2) If a notice under paragraph 1 of Schedule 15 (suspension of delegated budget for mismanagement etc.) has been given to the governing body before the date specified in a notice under section 16A(1) or 18A(1) but has not yet taken effect, the notice shall cease to have effect on that date.

(3) During the interim period, the local education authority may not exercise the power conferred by section 17 (power to suspend right to delegated budget).

(4) Sub-paragraph (1) is to be construed in accordance with section 49(7).

Exclusion of certain statutory provisions

13 (1) Regulations made by virtue of subsection (2) or (3) of section 19 of the Education Act 2002 (governing bodies) shall not apply in relation to the interim executive board.

(2) The instrument of government of the school shall not, so far as it relates to the constitution of the governing body, have effect in relation to the interim executive board.

14 During the interim period--

(a) the local education authority may not exercise any power conferred by section 16 (power to appoint additional governors), and

(b) the Secretary of State may not exercise any power conferred by section 18 (power to appoint additional governors).

Closure of school

15 (1) At any time during the interim period, the interim executive board may, if they think fit, make a report to the local education authority and the Secretary of State recommending that the school be discontinued, and stating the reasons for that recommendation.

(2) The interim executive board may not--

(a) publish under section 29(2) proposals to discontinue the school, or

(b) serve notice under section 30(2).

16 (1) Where during the interim period--

(a) the Secretary of State gives a direction under section 19(1) or 32(1) in relation to the school, or

(b) the local education authority determine to discontinue the school,

the interim period shall continue until the discontinuance date, even where it would otherwise end before that date.

(2) In this paragraph "the discontinuance date" means--

(a) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6,

(b) the date on which the school is discontinued under section 30, or

as the case may be.

Notice of resumption of government by normally constituted governing body

17 (1) Where--

(a) the notice under section 16A(1) or 18A(1) did not specify the duration of the interim period, and

(b) paragraph 16 does not apply,

the appropriate authority may give notice to the persons mentioned in sub-paragraph (2) specifying a date on which the governing body are to become a normally constituted governing body.

(2) The persons referred to in sub-paragraph (1) are--

(a) every interim executive member,

(b) where the local education authority are the appropriate authority, the Secretary of State,

(d) in the case of a foundation or voluntary school which is a Church of England school, a Church in Wales school or a Roman Catholic Church school, the appropriate diocesan authority, and

(e) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

Time when interim executive members cease to hold office

18 (1) The interim executive members shall vacate office--

(a) in a case where paragraph 16 applies, on the discontinuance date within the meaning of that paragraph,

(b) in a case where that paragraph does not apply and the notice under section 16A(1) or 18A(1) specified the duration of the interim period, at the end of the specified period, and

(2) Sub-paragraph (1) does not prevent the termination of the appointment of an interim executive member at any earlier time under paragraph 5(2)(b) or in accordance with the terms of his appointment.

Establishment of normally constituted governing body

19 (1) Where interim executive members are to vacate office on the date referred to in paragraph 18(1)(b) or (c), the local education authority shall make arrangements providing for the constitution of the governing body on and after that date.

(2) Regulations may make provision with respect to the transition from an interim executive board to a normally constituted governing body, and may in connection with that transition--

(a) modify any provision made under any of sections 19, 20 and 23 of the Education Act 2002 or by Schedule 1 to that Act,

(b) apply any such provision with or without modifications, and

(3) The provision that may be made by virtue of sub-paragraph (2) includes, in particular, provision enabling governors to be elected or appointed, and to exercise functions, before the end of the interim period.

Section 65

SCHEDULE 7 Academies: supplementary

Part 1 Land

1 In the Education Act 1996 (c. 56), the following Schedule is inserted after Schedule 35--

" SCHEDULE 35A Academies: land

Transfer schemes

1 (1) The Secretary of State may make a scheme in relation to land if these requirements are met--

(a) a local education authority holds a freehold or leasehold interest in the land when the scheme is made;

(b) at any time in the period of eight years ending with the day on which the scheme is made the land was used wholly or mainly for the purposes of a county school or community school;

(c) at the time the scheme is made the land is no longer used as mentioned in paragraph (b) or the Secretary of State thinks it is about to be no longer so used;

(d) before making the scheme the Secretary of State consulted the authority.

(2) The Secretary of State may also make a scheme in relation to land if these requirements are met--

(a) a local education authority holds a freehold or leasehold interest in the land when the scheme is made;

(b) the land forms the whole or part of a site specified in a notice published under section 70 of the Education Act 2002 (new schools to meet increased demand for secondary education) as a possible site for a new school;

(3) These requirements must be met as regards a scheme under sub-paragraph (1) or (2)--

(a) the scheme must provide for a transfer of the authority's interest in the land or in such part of it as is specified in the scheme;

(b) the transfer must be to a person (the transferee) who is specified in the scheme and is concerned with the running of an Academy;

(d) in the case of a scheme under sub-paragraph (2), the Academy must have been the subject of proposals published under section 70 of the Education Act 2002;

(e) the scheme must provide for the transfer to the transferee of any right or liability held by the authority as holder of the interest in the land or specified part concerned.

(4) In sub-paragraph (3) the reference to a right or liability--

(a) includes a reference to a right or liability as a trustee, but

(b) excludes a reference to a liability in respect of the principal of or interest on a loan.

(5) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

(6) A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b).

(7) A scheme comes into force--

(a) on the day it specifies for it to come into force, or

(b) on the day it otherwise identifies as the day for it to come into force.

(8) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interests, rights and liabilities to which it applies.

(9) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.

Restriction on disposal

2 (1) Sub-paragraph (2) applies if--

(a) a freehold or leasehold interest in land is held by a local education authority,

(b) the authority proposes to make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect of it, and

(c) at any time in the period of eight years ending with the day on which the disposal, contract or option is proposed to be made, entered into or granted, the land was used wholly or mainly for the purposes of a county school or community school.

(2) Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option.

(3) Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph.

(4) Sub-paragraph (2) does not apply to--

(a) a disposal in favour of a person for the purposes of an Academy and for no consideration;

(b) a contract to make such a disposal;

(5) A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2).

(6) A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given.

3 (1) This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2).

(2) In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised.

(3) In the case of a contract to make a disposal in respect of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest is executed.

(4) A repudiation under sub-paragraph (2) or (3) has effect--

(a) when the notice is served, and

(b) as if the repudiation were made by the authority.

(5) In the case of a disposal in respect of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest concerned compulsorily.

(6) The Acquisition of Land Act 1981 (c. 67) is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5).

(7) On completion of a compulsory purchase of an interest under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of an Academy.

(8) If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of--

(a) the compensation agreed or awarded in respect of the purchase,

(b) any interest payable by him in respect of the compensation, and

(9) The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5).

4 (1) For the purposes of paragraphs 2 and 3--

(a) references to a disposal in respect of an interest are to a disposal of the whole interest or of a lesser interest;

(b) references to an acquisition in respect of an interest are to an acquisition of the whole interest or of a lesser interest.

(2) If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest.

Restriction on appropriation

5 (1) Sub-paragraph (2) applies if--

(a) a freehold or leasehold interest in land is held by a local education authority,

(b) the authority proposes to make an appropriation of the land under section 122 of the Local Government Act 1972 (c. 70), and

(c) at any time in the period of eight years ending with the day on which the appropriation is proposed to be made the land was used wholly or mainly for the purposes of a county school or community school.

(2) Unless the Secretary of State consents, the authority must not make the appropriation.

6 (1) This paragraph applies if an authority makes an appropriation in contravention of paragraph 5(2).

(2) The Secretary of State may purchase the interest concerned compulsorily.

(3) Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5).

Duty to inform

7 (1) Sub-paragraph (2) applies if--

(a) a freehold or leasehold interest in land is held by a local education authority,

(b) the authority proposes to change the use of the land in such a way that (were the change made) the land would cease to be capable of use wholly or mainly for the purposes of a school, and

(c) at any time in the period of eight years ending with the date of the proposed change of use the land was used wholly or mainly for the purposes of a county school or community school.

(2) The authority must inform the Secretary of State of the proposal.

Former Academies

8 (1) This paragraph applies if--

(a) a freehold or leasehold interest in land is transferred from a local education authority on or after 28th July 2000,

(b) the transfer is made to a person for the purposes of an Academy, and

(2) The first condition is that--

(a) the school concerned ceases to be an Academy, and

(b) immediately before the school ceases to be an Academy the interest is held by a person for the purposes of the Academy.

(3) The second condition is that, although the school concerned continues to be an Academy, the interest ceases to be held for the purposes of the Academy.

(4) This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1.

(5) Sub-paragraph (2) applies whether or not, on the school ceasing to be an Academy, it simultaneously ceases to function as a school.

(6) The Secretary of State may make a scheme providing for the transfer of the interest--

(a) from the person holding it;

(b) to the authority from which the transfer mentioned in sub-paragraph (1)(a) was made.

(7) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

(8) A scheme comes into force on the day it specifies for it to come into force.

(9) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies.

(10) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.

Disapplication of rule against perpetuities

9 Where--

(a) a freehold or leasehold interest in land is transferred for no consideration from a local authority to a person for the purposes of an Academy (whether or not by virtue of a scheme under paragraph 1), and

(b) at any time on or after the day on which this Schedule comes into force the authority is granted an option to make a re-acquisition of the interest (subject to whatever conditions),

the rule against perpetuities does not apply to the option.

Other Acts

10 (1) Where a lease is granted by or transferred from a local authority to a person for the purposes of an Academy on or after the day on which this Schedule comes into force, section 153 of the Law of Property Act 1925 (c. 20) (enlargement of leases granted for no rent etc) does not apply to permit that person to enlarge the term under the lease.

(2) Section 123(2) of the Local Government Act 1972 (c. 70) (disposal for consideration less than the best reasonably obtainable) does not apply to a disposal to a person for the purposes of an Academy.

(3) Section 123(2A) of that Act (disposal of open space requires certain procedures) does not apply to a disposal which is made--

(a) to a person for the purposes of an Academy, and

(b) for no consideration.

(4) Section 77(1) of the School Standards and Framework Act 1998 (c. 31) (restriction on disposal of playing fields) does not apply to a disposal which is made--

(a) by a local authority (within the meaning of that section) to a person for the purposes of an Academy, and

(b) for no consideration.

Regulations

11 Regulations under this Schedule may in particular include--

(a) provision requiring a person to be appointed by the Secretary of State in connection with the proposed making of a scheme under paragraph 1;

(b) provision requiring the appointed person to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1;

(c) provision requiring the authority concerned to provide the appointed person with such documents as he may require in order to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1;

(d) provision requiring an authority whose interest is (or is to be) transferred by virtue of a scheme under paragraph 1 to execute instruments and deliver certificates for the purposes of the enactments relating to registered land;

(e) provision treating such an authority as having given acknowledgement in writing of the right to production of documents;

(f) provision that consent under paragraph 2 is to be sought in a specified way;

(g) provision that information is to be given under paragraph 7 in a specified way.

Class consents

12 For the purposes of paragraphs 2(2) and 5(2), the consent of the Secretary of State--

(a) may be given in relation to a particular case or class of case, and

(b) may be given subject to conditions.

Interpretation

13 A dwelling-house used by an authority for occupation by a person employed to work at a school is to be treated for the purposes of this Schedule as used for the purposes of the school. "

Part 2 Miscellaneous

Environmental Protection Act 1990 (c. 43)

2 In section 98 of the Environmental Protection Act 1990 (definitions), in subsection (2)(e), for the words from "city academy" to "1996" there is substituted "Academy".

Diocesan Boards of Education Measure 1991 (1991 No. 2)

3 (1) Section 10 of the Diocesan Boards of Education Measure 1991 is amended as follows.

(2) In subsection (1), in the definition of "church school", at the end there is inserted "or an Academy falling within subsection (1A)".

(3) After that subsection there is inserted--

" (1A) An Academy falls within this subsection if--

(a) at least one member of its governing body is appointed to that body to represent the interests of the Church of England;

(b) the premises provided for the Academy when first established were so provided on trust that, in the event of the discontinuance of the Academy, the property concerned was to be held for, or sold and the proceeds of sale applied for, the benefit of the Church of England; or

(c) the premises provided for the Academy when first established were so provided on trust in connection with the provision of education, or the conduct of an educational institution, in accordance with the tenets of the Church of England. "

Further and Higher Education Act 1992 (c. 13)

4 In section 54 of the Further and Higher Education Act 1992 (duty to give information), in subsection (1)(b), for "city academy" there is substituted "Academy".

Disability Discrimination Act 1995 (c. 50)

5 (1) The Disability Discrimination Act 1995 has effect subject to the following amendments.

(2) In section 28E (accessibility strategies)--

(a) in subsection (5)(b), for "a city academy" there is substituted "an Academy",

(b) in subsection (6)(b), after "independent school" there is inserted "(other than an Academy)", and

(3) In section 28K (admissions), in subsections (2)(b) and (5)(b), for "a city academy" there is substituted "an Academy".

(4) In section 28L (exclusions), in subsections (2)(b) and (5)(b), for "a city academy" there is substituted "an Academy".

(5) In section 28Q (interpretation), subsection (12) shall cease to have effect.

Education Act 1996 (c. 56)

6 (1) The Education Act 1996 has effect subject to the following amendments.

(2) In section 2 (definition of "secondary education" etc), in subsection (2A)(a), after "local education authority" there is inserted "or is an Academy".

(3) In section 316 (children with special educational needs), in subsection (4)(b)(iii), for "a city academy" there is substituted "an Academy".

(4) In section 483A (special educational needs)--

(a) in subsection (2)(b), for "a city academy" there is substituted "an Academy", and

(b) subsection (7) shall cease to have effect.

(5) In section 537 (power to require information), in subsection (7)(b), for "city academy" there is substituted "Academy".

(6) In section 541 (power to require provision of information), in subsection (1)(b), for "city academy" there is substituted "Academy".

(7) In section 550B (detention), in subsection (2)(c), for "city academy" there is substituted "Academy".

(8) In section 580 (index), at the appropriate place in the table there is inserted--

" Academy

section 482 "

School Inspections Act 1996 (c. 57)

7 (1) The School Inspections Act 1996 has effect subject to the following amendments.

(2) In section 10 (schools subject to inspection)--

(a) in subsection (3)(gg), for "city academies" there is substituted "Academies", and

(b) in subsection (4B)(d), for "city academy" there is substituted "Academy".

(3) In section 11 (application of provisions of Chapter 2), in subsection (5)(a), for "or (g)" there is substituted ", (g) or (gg)".

Education Act 1997 (c. 44)

8 In section 43 of the Education Act 1997 (provision of careers education), in subsection (2)(d), for "city academies" there is substituted "Academies".

School Standards and Framework Act 1998 (c. 31)

9 In section 110 of the School Standards and Framework Act 1998 (home-school agreements), in subsection (1)(b), for "a city academy" there is substituted "an Academy".

Learning and Skills Act 2000 (c. 21)

10 In section 117 of the Learning and Skills Act 2000 (information and access), in subsection (3)(b), for "city academies" there is substituted "Academies".

Section 70

SCHEDULE 8 Proposals for additional secondary schools: supplementary

Introductory

1 (1) This Schedule applies to proposals published under section 70.

(2) In this Schedule--

"interested parties", in relation to a proposal, means the promoters of the proposal and any other person who made a proposal pursuant to the same notice under section 70;
"promoters", in relation to a proposal, means the persons who made the proposal (but does not include a local education authority);
"school organisation committee", in relation to a proposal, means the school organisation committee (within the meaning of section 24(4) of the School Standards and Framework Act 1998 (c. 31)) for the area of the local education authority which published the proposal.

Procedure before approval by Secretary of State

2 (1) Regulations shall make provision for the submission of a proposal for decision by the Secretary of State after being considered and commented on by the school organisation committee.

(2) Regulations under this paragraph may in particular make provision--

(a) for the making of objections or comments to a local education authority in relation to proposals published by them;

(b) for the submission of proposals to the school organisation committee;

(d) for consideration of proposals by the school organisation committee (which may include provision for the committee to have regard to guidance given from time to time by the Secretary of State);

(e) for the submission of proposals to the Secretary of State;

(f) for the withdrawal of proposals;

(g) requiring any of the following to provide such information to such persons at such times as the regulations may prescribe--

(i) the promoters or, if the proposal was made by a local education authority, that authority;

(ii) the school organisation committee.

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