Moved by
Baroness Barran
61: Before Schedule 3, insert the following new Schedule—
“Schedule 2A
Sections 29 and (Schools with a religious character: power of certain bodies to apply for an Academy order): consequential amendments to the Academies Act 2010
1 The Academies Act 2010 is amended as follows.
2 (1) Section 4 (Academy orders) is amended as follows.
(2) In subsection (1)(a), after “3” insert “, 3A or 3B”.
(3) In subsection (4)(c), for “that has a foundation” substitute “, all of the following that exist in relation to the school”.
(4) In subsection (5)—
(a) in the words before paragraph (a), after “3” insert “, 3A or 3B”;
(b) in paragraph (c), for “that has a foundation” substitute “, all of the following that exist in relation to the school”.
(5) Omit subsections (8) to (10).
3 In section 5 (consultation about conversion: schools not eligible for intervention), in subsection (1), for “, the school’s governing body” substitute “as a result of an application under section 3, 3A or 3B, the applicant”.
4 In section 5A (consultation about identity of Academy sponsor in certain cases), omit subsections (3) to (5).
5 In section 5B (duty to facilitate conversion), for subsection (1) substitute—
“(1) Where—
(a) an application under section 3A or 3B has been made for an Academy order in respect of a school, or
(b) an Academy order under section 4(A1) or (1)(b) has effect in respect of a school,
the governing body of the school and the local authority must take all reasonable steps to facilitate the conversion of the school into an Academy.”
6 In section 5C (power to give directions to do with conversion), for subsection (1) substitute—
“(1) Where—
(a) an application under section 3A or 3B has been made for an Academy order in respect of a school, or
(b) an Academy order under section 4(A1) or (1)(b) has effect in respect of a school,
the Secretary of State may direct the governing body of the school or the local authority to take specified steps for the purpose of facilitating the conversion of the school into an Academy.”
7 In section 7 (transfer of school surpluses), in subsection (1)(b), after “3” insert “, 3A or 3B”.
8 In section 17 (interpretation), after subsection (2) insert—
“(2A) In this Act, “the appropriate religious body”, in relation to a school, means—
(a) in the case of a Church of England or a Roman Catholic school, the appropriate diocesan authority;
(b) in any other case, such body or person representing the specified religion or religious denomination as is prescribed under section 88F(3)(e) of SSFA 1998.
(2B) In the case of a school in relation to which there is more than one religion or religious denomination specified, references to “the appropriate religious body” are to be read as references to both or all of the bodies concerned.
(2C) In subsections (2A) and (2B), “specified” means specified in the order under section 69(3) of SSFA 1998 relating to the school.
(2D) Expressions used in subsection (2A) and SSFA 1998 have the same meaning as in that Act.””
Member’s explanatory statement
This amendment would insert a Schedule into the Bill containing amendments to the Academies Act 2010 which are consequential on the new sections 3A and 3B inserted into that Act by clause 29 and the new clause inserted by the amendment in Baroness Barran’s name after clause 29.