55 Academy schools: educational provision for improving behaviour
(1) In the Education Act 2002, in section 29A (power of governing body in England: educational provision for improving behaviour), after subsection (4) insert—
(5) Regulations may make provision for this section and regulations made under it to apply, with prescribed modifications, in relation to Academy schools.
(2) In the Education Act 1996, in section 444ZA (application of section 444 to alternative educational provision), in subsection (1D)—
(a) in the words before paragraph (a), for “or a pupil referral unit” substitute “, a pupil referral unit or an Academy”;
(b) after paragraph (b) insert—
For provision about the application of sections 29A and 51A of the Education Act 2002 in relation to Academies, see sections 29A(5) and 51A(12) of that Act.
(3) The provision that may be made in relation to Academy schools by the first regulations under section 29A(5) of the Education Act 2002 includes provision in relation to any relevant requirement imposed before those regulations come into force.
(4) In relation to an Academy school, the requirement referred to in section 444ZA(1B) of the Education Act 1996 includes a reference to a relevant requirement imposed before the first regulations under section 29A(5) of the Education Act 2002 come into force.
(5) In subsections (3) and (4) “relevant requirement”, in relation to an Academy school, means a requirement imposed by the proprietor of the school on a registered pupil to attend any place outside the school premises for the purpose of receiving educational provision which is intended to improve the behaviour of the pupil.
56 Academies: power to secure performance of proprietor’s duties
After section 497B of the Education Act 1996 (but before the italic heading before section 498) insert—
Academies: power to secure performance of proprietor’s duties
497C (1) If the Secretary of State is satisfied that the proprietor of an Academy has breached a duty imposed by Academy arrangements, the Secretary of State may give the proprietor such directions as the Secretary of State considers appropriate to secure the proper performance of the duty.
(2) Subsection (3) applies (instead of section 572) to the giving of a direction under this section.
(3) The Secretary of State may give a direction under this section to the proprietor of an Academy by—
(a) delivering it by hand to the proprietor,
(b) leaving it at or sending it by post to any address at which the Secretary of State believes, on reasonable grounds, that the notice will come to the attention of the proprietor, or
(c) sending it to any email address by means of which the Secretary of State believes, on reasonable grounds, that the notice will come to the attention of the proprietor.
(4) A direction under this section is enforceable, on the application of the Secretary of State, by a mandatory order.
(5) In this section, a reference to an Academy includes a reference to a city technology college and a city college for the technology of the arts.
(1) The Education and Inspections Act 2006 is amended in accordance with subsections (2) and (3).
(2) In Part 8 (inspections), after Chapter 2, insert—
Chapter 2A Inspection of Academy proprietors
Inspection
Duty to inspect Academy proprietors at specified intervals
122A (1) The Chief Inspector must—
(a) conduct inspections of every Academy proprietor at such intervals as may be specified in regulations made by the Secretary of State, and
(b) prepare a written report on completion of each inspection.
(2) The Secretary of State may by regulations provide that subsection (1) does not apply in relation to specified categories of Academy proprietor in specified circumstances.
(3) An Academy proprietor in relation to which subsection (1) does not apply by virtue of regulations under subsection (2) is an “exempt proprietor”.
(4) When conducting an inspection under this section, the Chief Inspector must have regard to any views about the matters listed in section 122B(2) which are expressed to the Chief Inspector by—
(a) such persons as may be specified in regulations made by the Secretary of State;
(b) such other persons as the Chief Inspector considers appropriate.
(5) Subsection (1) has effect subject to subsection 122E.
(6) An inspection which is required under this section must not extend to—
(a) denominational education provided at an Academy which has been designated as having a religious character, or which is to be treated as having been so designated by virtue of section 6(8) of the Academies Act 2010, or
(b) the content of collective worship at such an Academy.
Report of section 122A inspection
122B (1) It is the general duty of the Chief Inspector, when conducting an inspection under section 122A, to report on the quality and effectiveness of the Academy proprietor’s leadership, management and governance in connection with its role as an Academy proprietor.
(2) The Chief Inspector’s report must (in particular) cover—
(a) the quality and effectiveness of any activities undertaken by the Academy proprietor to secure the provision of a quality education to registered pupils and students of its Academies;
(b) the quality and effectiveness of the Academy proprietor’s governance and executive leadership;
(c) the quality and effectiveness of any activities undertaken by the Academy proprietor to promote the wellbeing of children and young persons;
(d) the quality and effectiveness of any activities undertaken by the Academy proprietor to secure improvements in its Academies;
(e) the quality and effectiveness of the Academy proprietor’s management of its resources;
(f) such other matters as may be specified in regulations made by the Secretary of State.
(3) The Chief Inspector must send a copy of a report under section 122A(1)(b) to—
(a) the Academy proprietor, and
(b) the Secretary of State.
(4) The Academy proprietor must—
(a) make a copy of any report sent to it under subsection (3) available for inspection by members of the public,
(b) provide a copy of the report, free of charge, upon request, and
(c) take such steps as are reasonably practicable to secure that every registered parent of a pupil at an Academy school or alternative provision Academy of which the Academy proprietor is the proprietor receives a copy of the report within five working days following receipt of the report by the Academy proprietor.
(5) The Chief Inspector may send a copy of the report to such other persons as the Chief Inspector considers appropriate.
(6) The Chief Inspector may arrange for the report to be published in such manner as the Chief Inspector considers appropriate.
(7) In this section—
“child” means a person aged under 18, and references to “children” are to be read accordingly;
“wellbeing”, in relation to a child or young person, means their wellbeing so far as relating to the matters mentioned in section 10(2) of the Children Act 2004;
“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971;
“young person” means any of the persons mentioned in section 10(9) of the Children Act 2004.
Other inspections
122C (1) The Chief Inspector must inspect and report on any Academy proprietor, or category of Academy proprietor, in connection with its role as an Academy proprietor, if requested to do so by the Secretary of State.
(2) The Chief Inspector may inspect and report on any Academy proprietor, in connection with its role as an Academy proprietor, in circumstances where there is no requirement to do so under any other provision of this Chapter.
(3) If the Chief Inspector carries out an inspection under subsection (2) in response to a request from the Academy proprietor, the Chief Inspector may charge the Academy proprietor for the cost of the inspection.
(4) An inspection which is conducted under this section must not extend to—
(a) denominational education provided at an Academy which has been designated as having a religious character, or which is to be treated as having been so designated by virtue of section 6(8) of the Academies Act 2010, or
(b) the content of collective worship at such an Academy.
(5) The Chief Inspector may arrange for a report under this section to be published in such manner as the Chief Inspector considers appropriate.
Duty to notify certain persons of inspection
122D (1) Before conducting an inspection under section 122A the Chief Inspector must notify—
(a) the Academy proprietor, and
(b) any relevant religious body.
(2) If the Academy proprietor is notified by the Chief Inspector that the Chief Inspector is proposing to inspect the Academy proprietor under section 122A, the Academy proprietor must take such steps as are reasonably practicable to notify the following persons of the time when the inspection is to take place—
(a) the registered parents of registered pupils at any Academy school or alternative provision Academy of which the Academy proprietor is the proprietor;
(b) the members of the Academy proprietor (if any).
(3) If the Academy proprietor is notified by the Chief Inspector that the Chief Inspector is electing to treat, or is required by the Secretary of State to treat, an inspection under section 122C as if it were an inspection under section 122A as a result of the exercise of a power under section 122E, the Academy proprietor must take such steps as are reasonably practicable to notify the following persons that the inspection is being so treated, and of the time when the inspection is to take place—
(a) the registered parents of registered pupils at any Academy school or alternative provision Academy of which the Academy proprietor is the proprietor;
(b) the members of the Academy proprietor (if any);
(c) any relevant religious body.
(4) Any notification given under subsection (2)(a) or (3)(a) must include a statement, in a form approved by the Chief Inspector, inviting the registered parents of registered pupils to inform the Chief Inspector of their views on matters relating to—
(a) the Academy at which their child is a registered pupil;
(b) the Academy proprietor.
Power or duty to treat other inspection as section 122A inspection
122E (1) The Chief Inspector may elect for an inspection under section 122C of an Academy proprietor to which section 122A applies to be treated as if it were an inspection under section 122A for the purposes of section 122A(1), section 122B(3) to (6) and section 122H.
(2) In the case of an inspection of an exempt proprietor under section 122C, the Chief Inspector may elect to treat the inspection as if it were an inspection under section 122A for the purposes of section 122A(4) and sections 122B and 122H.
(3) The Secretary of State may require the Chief Inspector to treat an inspection under section 122C(1) of an Academy proprietor to which section 122A applies as if it were an inspection under section 122A for the purposes of section 122A(1) and (4) and sections 122B and 122H.
(4) In the case of an inspection of an exempt proprietor under section 122C(1), the Secretary of State may require the Chief Inspector to treat the inspection as if it were an inspection under section 122A for the purposes of section 122A(4) and sections 122B and 122H.
(5) In this section, “exempt proprietor” has the meaning given by section 122A(3).
Framework for inspections under this Chapter
122F (1) The Chief Inspector must devise—
(a) a common set of principles applicable to all inspections conducted under this Chapter, or
(b) two or more common sets of principles each of which is applicable to a particular description of such inspections.
(2) A set of principles devised under subsection (1)(a) or (b) is referred to in this section as a “framework”.
(3) If the Chief Inspector devises two or more frameworks under subsection (1)(b), the Chief Inspector must ensure that, taken together, they cover all inspections conducted under this Chapter.
(4) A framework must cover such matters as may be specified in regulations made by the Secretary of State.
(5) The Chief Inspector must publish a framework in such manner as the Chief Inspector considers appropriate.
(6) The Chief Inspector may at any time revise a framework.
(7) The Chief Inspector must publish a revised framework in such manner as the Chief Inspector considers appropriate.
(8) In devising or revising a framework, the Chief Inspector must have regard to guidance given from time to time by the Secretary of State.
Powers of entry etc.
Powers of entry etc. for purposes of inspection
122G (1) This section applies to an inspection conducted by the Chief Inspector under this Chapter.
(2) The Chief Inspector may, at any reasonable time, enter—
(a) any premises of the Academy proprietor;
(b) the premises of any Academy of which the Academy proprietor is the proprietor;
(c) any other premises on which, by virtue of arrangements made by the Academy proprietor, any pupils or students who are registered at an Academy within paragraph (b) are receiving part of their education from any person (“the provider”);
(d) any premises of the provider used in connection with the provision by the provider of that education.
(3) The Chief Inspector may, at any reasonable time, inspect, take copies of, or take away such of the following as the Chief Inspector considers relevant to the discharge of the Chief Inspector’s functions under this Chapter—
(a) any documents or records kept by the Academy proprietor;
(b) any documents or records kept by an Academy of which the Academy proprietor is the proprietor;
(c) any documents or records kept by the provider relating to the provision of education by virtue of arrangements made by the Academy proprietor.
(4) The power in subsection (3) includes—
(a) power to require any person holding or accountable for any such documents or records to produce them, and
(b) in relation to any such documents or records kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.
(5) In connection with inspecting any such documents or records the Chief Inspector—
(a) may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which the Chief Inspector considers is or has been in use in connection with the documents or records, and
(b) may require a person within subsection (6) to afford the Chief Inspector such reasonable assistance as the Chief Inspector requires for that purpose.
(6) A person is within this subsection if that person is—
(a) the person by whom or on whose behalf the computer is or has been used, or
(b) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.
(7) A person is guilty of an offence if that person intentionally obstructs the Chief Inspector in the exercise of any function conferred by this Chapter.
(8) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Academy proprietors not performing to acceptable standard
Academy proprietors not performing to acceptable standard
122H (1) Subsections (2) to (4) apply if, on completion of an inspection under section 122A, the Chief Inspector is of the opinion that—
(a) the persons responsible for leading, managing and governing the Academy proprietor are failing to lead, manage or govern the Academy proprietor to an acceptable standard, or
(b) the Academy proprietor is failing to lead, manage or govern an Academy of which it is the proprietor to an acceptable standard.
(2) The Chief Inspector must—
(a) send a draft of the report of the inspection to the Academy proprietor, and
(b) consider any comments on the draft that are made by the Academy proprietor within such period as may be specified in regulations made by the Secretary of State.
(3) Where, after complying with subsection (2), the Chief Inspector is of the opinion that the case falls within paragraph (a) or (b) of subsection (1), the Chief Inspector must—
(a) without delay, notify the following persons in writing of that opinion—
(i) the Secretary of State, and
(ii) the Academy proprietor, and
(b) state that opinion in the report of the inspection.
(4) A notification made under subsection (3)(a) must also record—
(a) in a case within subsection (1)(a), whether the Chief Inspector is of the opinion that the persons responsible for leading, managing and governing the Academy proprietor are demonstrating the capacity to secure the necessary improvement in the Academy proprietor;
(b) in a case within subsection (1)(b), whether the Chief Inspector is of the opinion that the Academy proprietor is demonstrating the capacity to secure the necessary improvement in the Academy.
Supplementary
Regulations under Chapter 2A
122I Regulations under this Chapter may—
(a) make different provision for different purposes;
(b) make consequential provision.
Interpretation of Chapter 2A
122J (1) In this Chapter—
“Academy” means an educational institution to which Academy arrangements relate;
“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;
“Academy proprietor” is a person who, in pursuance of Academy arrangements, is the proprietor of an Academy;
“Academy school” has the meaning given by section 1A of the Academies Act 2010;
“alternative provision Academy” has the meaning given by section 1C of that Act;
“denominational education”, in relation to an Academy, means religious education which—
is provided in accordance with—
any provisions of the trust deed affecting the Academy which relate to the teaching and learning of religious education, or
the tenets of the religion or religious denomination in relation to which the Academy is designated, and
is not required by Academy arrangements to be given in accordance with the requirements for agreed syllabuses in section 375(3) of the Education Act 1996;
“parent” has the meaning given by section 576 of that Act;
“registered”, in relation to the parents of pupils at an Academy school or alternative provision Academy, means shown in the register kept under section 434 of that Act;
“registered pupil”, in relation to an Academy school or alternative provision Academy, means a person registered as a pupil in that register;
“relevant religious body”, in relation to an Academy, means—
in the case of a Church of England Academy or a Roman Catholic Church Academy, the appropriate diocesan authority, and
in any other case, such body or person as is specified in the Academy arrangements relating to the Academy as representing the religion or religious denomination in relation to which the Academy is designated,
and in the case of an Academy designated in relation to more than one religion or religious denomination, references to “the relevant religious body” are to be read as references to all of the relevant religious bodies applicable to the Academy;
“trust deed”, in relation to an Academy, includes any instrument (other than the articles or memorandum of association) regulating the constitution of the Academy proprietor or the maintenance, management or conduct of the Academy.
(2) In subsection (1)—
(a) “Church of England Academy” means an Academy in the Province of Canterbury or York in relation to which the religion or religious denomination specified in the order designating the Academy as having a religious character is “Church of England” and “appropriate diocesan authority”, in relation to such an Academy, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated, and
(b) “Roman Catholic Church Academy” means an Academy in relation to which the religion or religious denomination specified in the order designating the Academy as having a religious character is “Roman Catholic” and “appropriate diocesan authority”, in relation to such an Academy, means the bishop of the Roman Catholic diocese in which the Academy is situated.
(3) For the purposes of this Chapter, an Academy has been “designated as having a religious character” if it has been so designated by an order under—
(a) section 69(3) of the School Standards and Framework Act 1998 by virtue of section 124B(2) of that Act, or
(b) section 8A(1) of the Academies Act 2010 (16 to 19 academies having religious character),
and references to the order designating the Academy as having a religious character should be read accordingly.
(3) In section 182 (parliamentary control of orders and regulations), in subsection (3), after paragraph (aza) insert—
(azb) regulations under section 122A(2) (power to exempt Academy proprietors from regular inspection),
(azc) regulations under section 122B(2)(f) (power to make provision about content of inspection report),
(azd) regulations under section 122F(4) (power to make provision about content of inspection framework),
.
(4) The Academies Act 2010 is amended in accordance with subsections (5) to (7).
(5) After section 2A insert—
Academy agreements: provision about failing Academy proprietors
2AA (1) An Academy agreement must include provision allowing the Secretary of State to terminate the agreement if the Chief Inspector has given notice under section 122H(3)(a) of the Education and Inspections Act 2006 that—
(a) the persons responsible for leading, managing and governing the Academy proprietor are failing to lead, manage or govern the Academy proprietor to an acceptable standard, or
(b) the Academy proprietor is failing to lead, manage or govern an Academy of which it is the proprietor to an acceptable standard.
(2) The Academy agreement must require the Secretary of State, before terminating the agreement on one of those grounds, to give the proprietor a termination warning notice.
(3) A termination warning notice is a notice—
(a) requesting that the Academy proprietor respond to the Secretary of State by making representations, or
(b) requiring the Academy proprietor—
(i) to take specified action by a specified date, and
(ii) 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, where a termination warning notice under subsection (3)(b) is given to the Academy proprietor on one of the grounds specified in subsection (1), the power to terminate the agreement is available only if the proprietor has failed to comply with the termination warning notice (whether by failing to take specified action, or to respond, on time).
(6) For section 2C (new academy agreements) substitute—
Sections 2A, 2AA and 2B supplementary - new agreements
2C (1) An Academy agreement made on or after 18 April 2016, but before the day on which section 57 of the Children’s Wellbeing and Schools Act 2026 comes fully into force 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) An academy agreement made on or after the day on which section 57 of the Children’s Wellbeing and Schools Act 2026 comes fully into force may include further provision about—
(a) the procedure for terminating the agreement in accordance with the provision required by section 2A, 2AA or 2B;
(b) the consequences of terminating the agreement in accordance with that provision.
(3) Section 2D makes provision about agreements entered into before those dates.
(7) For section 2D (old academy agreements) substitute—
Sections 2A, 2AA and 2B supplementary - old agreements
2D (1) An old Academy agreement is to be treated as if it included the new termination powers.
(2) A pre-section 2AA agreement is to be treated as if it included the section 2AA termination powers.
(3) A provision of an old Academy agreement that relates to the procedure for terminating the agreement does not apply to the new termination powers.
(4) A provision of a pre-section 2AA agreement that relates to the procedure for terminating the agreement does not apply to the section 2AA termination powers.
(5) Subsections (6) and (7) apply where an old Academy agreement or a pre-section 2AA 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—
(i) in the case of an old Academy agreement, is capable of covering termination in accordance with the new termination powers;
(ii) in the case of a pre-section 2AA agreement, is capable of covering termination in accordance with the section 2AA termination powers.
(6) The relevant provision applies to termination in accordance with—
(a) in the case of an old Academy agreement, the new termination powers;
(b) in the case of a pre-section 2AA agreement, the section 2AA termination powers.
(7) 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—
(a) in the case of an old Academy agreement, termination in accordance with the new termination powers is to be treated as termination on the grounds of breach by the proprietor, and
(b) in the case of a pre-section 2AA agreement, termination in accordance with the section 2AA termination powers is to be treated as termination on the grounds of breach by the proprietor.
(8) 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, 2AA and 2B;
“old Academy agreement” means an Academy agreement made before 18 April 2016;
“pre-section 2AA agreement” means an Academy agreement made on or after the 18 April 2016, but before the day on which section 57 of the Children’s Wellbeing and Schools Act 2026 comes fully into force;
“section 2AA termination powers” in relation to an Academy agreement, means the powers to terminate in accordance with the provision required by section 2AA.
58 Repeal of duty to make Academy order in relation to school causing concern
(1) The Academies Act 2010 is amended as follows.
(2) In section 4 (Academy orders)—
(a) omit subsection (A1);
(b) in subsection (1)(b), omit “other than by virtue of section 61 or 62 of EIA 2006”.
(3) In section 5(2) (consultation about conversion: schools not eligible for intervention), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.
(4) Omit section 5A (consultation about identity of Academy sponsor).
(5) In section 5B(1) (duty to facilitate conversion), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.
(6) In section 5C(1) (power to give directions to do with conversion), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.
(7) In section 5D (power to revoke Academy orders)—
(a) in the heading, for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”;
(b) in subsection (1), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.
(8) In the Education and Adoption Act 2016, omit sections 7 and 9.
(9) The amendments made by this section are to be disregarded in a case where, immediately before the day on which this section comes into force—
(a) an order under section 4(A1) of the Academies Act 2010 has effect in respect of a school, and
(b) the school has not been converted into an Academy in pursuance of the order (and for this purpose “converted into an Academy” is to be read in accordance with section 4(3) of that Act).
Schedule 3 amends Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) in relation to the pay and conditions of teachers at Academies (other than 16 to 19 Academies).
60 Application of pay and conditions orders to education action zones
(1) Section 128 of the Education Act 2002 (application of section 122 orders to teachers at schools forming part of education action zones) is repealed.
(2) In section 210(5) of that Act (order and regulations)—
(a) at the end of paragraph (b) insert “or”;
(b) omit paragraph (c) (together with the final “or”).
61 Co-operation between schools and local authorities
(1) In the School Standards and Framework Act 1998, after section 85 insert—
Co-operation between schools and local authorities
Co-operation in discharging functions under this Part (England)
85ZA (1) A local authority in England and the governing body of a maintained school in England must co-operate in the exercise of their respective functions under or by virtue of this Part.
(2) A local authority in England and the proprietor of an Academy school must co-operate in the exercise of their respective functions under or by virtue of this Part.
(3) Where Academy arrangements require the proprietor of an Academy school to act as if a provision of this Part applied to the school, the provision is to be taken so to apply for the purposes of subsection (2).
(2) In the Education Act 1996, after section 19A insert—
Contribution of individual schools
Schools to co-operate with local authority in securing adequate provision (England)
19B (1) This section applies where it is reasonably foreseeable that decisions about a relevant school in England will affect the ability of a local authority in England to discharge its duties under section 14 or section 19(1).
(2) The responsible body for the school must co-operate with the local authority with a view to achieving the objective in subsection (3).
(3) The objective is that decisions about the school will result in the school contributing, so far as is reasonable, to the effective discharge by the local authority of the duties concerned.
(4) For the purposes of subsection (1), a “relevant school” is a school within the first column of the following table, and the “responsible body” for such a school is identified in the second column—
“Relevant school” | “Responsible body”
A community school, foundation school, voluntary school, community special school or foundation special school | The governing body for the school
An Academy school or an alternative provision Academy | The proprietor of the school
A pupil referral unit for which there is a management committee (see paragraph 15 of Schedule 1) | The management committee for the unit
(5) In the application of this section to the management committee for a pupil referral unit, the reference in subsection (2) to the local authority is to be read as a reference to the local authority so far as it acts other than through the committee.
64 Functions of adjudicator in relation to admission numbers
(1) The School Standards and Framework Act 1998 is amended as follows.
(2) After section 88I insert—
Changes to admission numbers
88IA (1) This section applies where—
(a) an objection about the admission arrangements for a school is referred to the adjudicator under section 88H(2),
(b) the objection relates wholly or partly to an admission number specified in the arrangements, and
(c) the adjudicator decides to uphold any aspect of the objection that relates to that number.
(2) This section also applies where—
(a) the Secretary of State refers the admission arrangements for a school to the adjudicator under section 88I(2),
(b) the Secretary of State does so wholly or partly on the basis that an admission number specified in the arrangements does not, or may not, conform with the requirements relating to admission arrangements, and
(c) the adjudicator decides that the admission number does not conform with those requirements.
(3) The adjudicator may, as part of the decision, determine the revised admission number that is to be specified in the admission arrangements.
(4) The adjudicator may, as part of the decision, also determine the corresponding admission number that is to be specified in the school’s admission arrangements for the school year following the one to which the objection or reference relates.
(5) In making a determination under subsection (3) or (4), the adjudicator must take into account the potential impact of the determination on—
(a) the quality of education provided at—
(i) the school in question, and
(ii) other schools within the relevant area, and
(b) the ability to give effect to parental preference for—
(i) the school in question, and
(ii) other schools within the relevant area.
(6) Before determining an admission number under subsection (3) or (4) that is lower than the admission number specified in the admission arrangements to which the objection or reference relates, the adjudicator must consult and have regard to the views of the following persons about alternatives to lowering the admission number—
(a) the local authority for each school within the relevant area,
(b) the admission authority for the school in question, if different from the local authority for the school, and
(c) the Secretary of State.
(7) An admission number determined under subsection (3) or (4) and specified in admission arrangements is subject to variation under or by virtue of section 88E.
(8) Regulations may make provision—
(a) specifying persons whom the adjudicator must consult before making a determination under subsection (3) or (4);
(b) specifying further matters which the adjudicator must, or must not, take into account in making a determination under subsection (3) or (4);
(c) preventing the adjudicator from making such a determination if it would have an effect specified in the regulations.
(9) In this section—
“admission number”, in relation to a school, means the number of pupils in a relevant age group that it is intended to admit to the school in a school year;
“relevant area”, in relation to a school, has the same meaning as in section 88F (see subsection (4) of that section).
(10) In relation to a school at which boarding accommodation is provided for pupils, references in this section to an admission number include—
(a) the number of pupils in a relevant age group that it is intended to admit to the school in a school year as boarders, and
(b) the number of pupils in a relevant age group that it is intended to admit to the school in a school year otherwise than as boarders.
(3) In section 86 of the School Standards and Framework Act 1998 (parental preferences), after subsection (5B) insert—
(5C) For the purposes of subsections (5) to (5B), a number specified in admission arrangements as a result of a determination by the adjudicator under section 88IA(3) or (4) is to be treated as having been determined under section 88C.
(4) In section 88K (sections 88H and 88I: supplementary)—
(a) in the heading, for “and 88I” substitute “, 88I and 88IA”, and
(b) in subsection (5), for “section 88I” substitute “sections 88I and 88IA”.
65 Amendments to invitation process for establishment of new schools
(1) Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance or alteration of schools) is amended in accordance with subsections (2) to (4).
(2) Omit section 6A (requirement to seek proposals for establishment of new Academies).
(3) In section 7 (invitation for proposals for establishment of new schools)—
(a) for subsection (1) substitute—
(1) This section applies where a local authority in England think that a new school, other than a maintained nursery school, should be established in their area.
(1A) The local authority must (subject to subsection (2A)) publish a notice under this section inviting proposals from persons other than local authorities for the establishment of a new school falling within subsection (2).
;
(b) in subsection (2)—
(i) in paragraph (a), omit the words from “other than” to the end of the paragraph (including the “or”), and
(ii) at the end of paragraph (b) insert
, or
(c) an alternative provision Academy,
other than a school providing education suitable only to the requirements of persons above compulsory school age.
;
(c) after subsection (2) insert—
(2A) A local authority are not required to publish a notice under this section (but may do so) if—
(a) the school that the local authority think should be established falls within section 10(2A), or
(b) proposals have been published under section 10(2B) by other persons and those proposals have not yet been determined.
;
(d) in subsection (5), at the end of paragraph (a) insert
, and
(aa) may publish under this section proposals of their own for the establishment of—
(i) a new community, community special, foundation or foundation special school, other than one providing education suitable only to the requirements of persons above compulsory school age, or
(ii) a new pupil referral unit.
;
(e) in subsection (6)—
(i) omit the “and” after paragraph (a), and
(ii) after paragraph (b) insert
, and
(c) the information which proposals within subsection (5)(aa) must contain.
.
(4) In section 7A (withdrawal of notices under section 7)—
(a) in subsection (2)(a), omit “, with the consent of the Secretary of State”;
(b) after subsection (2) insert—
(3) If the local authority withdraw the notice in accordance with subsection (2)(a) or (b), the local authority must notify the Secretary of State.
(5) In section 10 of the Academies Act 2010 (consultation: new and expanded educational institutions), in subsection (1)(a) omit the words from “other” to “authority),”.
66 Certain proposals to establish new schools: publication requirements etc
(1) Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance or alteration of schools) is amended as follows.
(2) In section 10 (publication of proposals with consent of Secretary of State)—
(a) for the heading substitute “Proposals other than proposals pursuant to a section 7 notice: publication etc”;
(b) for subsections (1) and (2) substitute—
(1) Where a local authority in England propose to establish a new maintained nursery school, they must publish their proposals under this section.
(2) Where a local authority in England propose to establish a new school within subsection (2A), they may publish their proposals under this section if there is for the time being no notice under section 7 pursuant to which (by virtue of section 7(5)(aa)) they could publish such proposals.
(2A) A school is within this subsection if it is—
(a) a community, community special, foundation or foundation special school which—
(i) is not to be one providing education suitable only to the requirements of persons above compulsory school age, and
(ii) is to replace one or more maintained schools, or
(b) a pupil referral unit which is to replace one or more pupil referral units.
(2B) Where any persons other than a local authority (“proposers”) propose to establish a new foundation, voluntary or foundation special school in England, they may publish their proposals under this section if there is for the time being no notice under section 7 pursuant to which such proposals could be made.
;
(c) in subsection (5)—
(i) for “(2)” substitute “(2B)”,
(ii) the words from “the proposers” to the end become paragraph (a), and
(iii) at the end of that paragraph insert
, and
(b) the local authority must take such action to publicise the proposals as may be prescribed.
(3) Omit section 11 (publication of proposals to establish maintained schools: special cases).
(4) In section 12 (establishment of school as federated school), in subsection (1)(a), for “7, 10 or 11” substitute “7 or 10”.
(5) In section 13 (schools established outside area of relevant local authority), in paragraph (b), omit “or 11”.
In section 28 of the Education and Inspections Act 2006 (restriction on establishment, alteration or discontinuance of schools), after subsection (4) insert—
(5) A pupil referral unit may not be established except in pursuance of proposals falling to be implemented under this Part.
(1) The amendments made by section 65(2) and Schedule 4 do not apply in relation to a case where, before those provisions come into force, a local authority in England has—
(a) sought proposals for the establishment of an Academy under section 6A(1) of EIA 2006, and
(b) specified a date for the proposals to be submitted under subsection (2) of that section,
but a final determination of the proposals has not been made.
(2) The amendments made by section 65(3) and (4) and Schedule 4 do not apply in relation to a case where, before those provisions come into force, a local authority has published a notice under section 7 of EIA 2006 but a final determination of any proposals made pursuant to such a notice has not been made.
(3) The requirement to consult under section 9(1) of EIA 2006 in relation to a notice under section 7 of that Act as amended by section 65(3) may be satisfied by consultation that occurs wholly or partly before the coming into force of section 65(3).
(4) The amendments made by section 66(2) to (5) and Schedule 4 do not apply in relation to a case where, before those provisions come into force, a local authority or any other person has published proposals under section 10 or 11 of EIA 2006 but a final determination of the proposals has not been made.
(5) The requirement to consult under section 10(4) of EIA 2006 in relation to proposals may be satisfied by consultation that occurs wholly or partly before the coming into force of section 66(2).
(6) In this section, “EIA 2006” means the Education and Inspections Act 2006.
70 Power to require providers of internet services to prevent or restrict access by children to internet services
(1) The Online Safety Act 2023 is amended as follows.
(2) After section 214 insert—
Power to require providers of internet services to prevent or restrict access by children to internet services
Power to require providers of internet services to prevent or restrict access by children to internet services
214A (1) The Secretary of State may, for the purpose of protecting relevant children from a risk of harm (including harm presented by content), make provision by regulations requiring providers of specified internet services—
(a) to prevent access by relevant children to specified internet services which they provide, or to specified functionalities or other features of such services;
(b) to restrict access by relevant children to specified internet services which they provide, or to specified functionalities or other features of such services.
(2) “Relevant child” means a child who is of, or under, a specified age (and different ages may be specified for the purposes of paragraphs (a) and (b) of subsection (1)).
(3) The provision that may be made by regulations under this section includes provision—
(a) about the steps that must or may be taken by a provider for the purposes of complying with a requirement imposed by the regulations;
(b) about the monitoring of compliance with a requirement imposed by the regulations;
(c) about the enforcement of a requirement imposed by the regulations.
(4) The provision that may be made by virtue of subsection (1)(b) includes, for example, provision requiring a provider of an internet service to—
(a) limit the amount of time per day, or over the course of a specified period, for which relevant children may access the service or a specified functionality or other feature of the service;
(b) limit the times of day at which relevant children may access the service or a specified functionality or other feature of the service;
(c) restrict access by relevant children to a service or to a functionality or other feature of a service by virtue of which—
(i) a user of the service could receive unsolicited contact from a person who is not known to the user;
(ii) a user of the service could encounter live oral communications or live video generated directly on the service, or uploaded to or shared on the service, by a person who is not known to the user;
(iii) a person who is not known to a user of the service could encounter live oral communications or live video generated directly on the service, or uploaded to or shared on the service, by the user;
(iv) a person who is not known to a user of the service could identify the actual or approximate location of the user.
(5) The provision that may be made by virtue of subsection (3)(c) includes provision for a requirement to be an enforceable requirement for the purposes of Chapter 6 of Part 7.
(6) In making regulations under this section, the Secretary of State must have regard to—
(a) the different ways in which an internet service of a particular kind is used, including functionalities or other features of the service that affect how much children use the service, and the impact of such use on the level of risk of harm that might be suffered by children, and
(b) the fact that children of different ages may be affected by an internet service, or a functionality or other feature of an internet service, in different ways.
(7) Regulations under this section may—
(a) make provision applying any provision of this Act (with or without modifications);
(b) make provision for exceptions to requirements imposed by the regulations;
(c) make provision about the time by which, or period within which, a thing must be done;
(d) make provision by reference to standards, arrangements, specifications or technical requirements as published from time to time;
(e) confer functions on a person, including functions involving the exercise of a discretion, and make provision in connection with the procedure for exercising the functions;
(f) make consequential provision.
(8) Regulations made by virtue of subsection (7)(f) may amend or repeal primary legislation.
(9) The Secretary of State—
(a) must exercise the power under subsection (1) so as to make such provision as the Secretary of State considers appropriate following the conclusion of the consultation entitled “Growing up in the online world: a national consultation” launched on 2 March 2026 (command paper numbered CP 1528), and
(b) must, in exercising that power, have regard to the responses to the consultation.
(10) OFCOM must, so far as reasonably practicable—
(a) carry out such research or provide such advice as the Secretary of State may request for the purposes of making regulations under this section, and
(b) do so by such time, or within such period, as the Secretary of State may specify in the request.
(11) As soon as reasonably practicable after providing advice under subsection (10), OFCOM must publish the advice.
(12) In this section—
“primary legislation” means—
an Act of Parliament,
an Act of the Scottish Parliament,
an Act or Measure of Senedd Cymru, or
Northern Ireland legislation;
“specified” means specified, or of a description specified, in regulations under this section.
(3) In section 225 (parliamentary procedure for regulations), in subsection (1), after paragraph (e) insert—
(ea) regulations under section 214A(1),
.
(1) The Secretary of State must, before the end of the period of three months beginning with the day on which this Act is passed, lay before Parliament a statement setting out—
(a) what progress has been made towards making the first regulations under section 214A(1) of the Online Safety Act 2023 (inserted by section 70 of this Act) (“the first regulations”), and
(b) a timeline for making the first regulations.
(2) The timeline must provide for the first regulations to be laid before Parliament before the end of the period of 12 months beginning with the day on which the statement is laid under subsection (1).
(3) The duty in subsection (1) does not apply where the first regulations have been made before the end of the period mentioned in subsection (1).
(4) If the first regulations have not been laid before Parliament before the end of the period mentioned in subsection (2)—
(a) the Secretary of State must lay before Parliament a statement explaining why, and
(b) before the end of the period of six months beginning with the day on which the statement under paragraph (a) is laid, the Secretary of State must lay the first regulations before Parliament.
(5) References in this section to the laying before Parliament of the first regulations are to the laying before Parliament of a draft of a statutory instrument containing the first regulations.
72 Age of consent in relation to processing of a child’s personal data: information society services
(1) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data is amended as follows.
(2) In Article 8 (child’s consent in relation to information society services), after paragraph 2 insert—
2A. The Secretary of State may by regulations—
(a) amend paragraph 1 so as to change the age for the time being specified in that paragraph (but not to an age lower than 13 years or higher than 16 years);
(b) make provision in relation to services specified, or of a description specified, in the regulations for a different age to apply for the purposes of paragraph 1 (but not lower than 13 years or higher than 16 years).
2B. Regulations under paragraph 2A are subject to the affirmative resolution procedure.
(3) After Article 8, insert—
Child’s consent in relation to information society services: age verification
Article 8ZA 1. The Secretary of State may by regulations make provision about verifying—
(a) that a data subject who has given consent to the processing of his or her personal data in relation to the offer of information society services is at least the age for the time being specified in Article 8(1);
(b) in the case of a service specified, or of a description specified, in regulations under Article 8(2A)(b), that a data subject who has given consent to the processing of his or her personal data in relation to the offer of information society services is at least the age for the time being applicable by virtue of those regulations in relation to that service or description of service.
2. The provision that may be made by regulations under paragraph 1 includes—
(a) provision imposing requirements on persons specified, or of a description specified, in the regulations;
(b) provision about the steps that must or may be taken by such persons for the purposes of complying with a requirement imposed by the regulations;
(c) provision about the monitoring of compliance with a requirement imposed by the regulations;
(d) provision about the enforcement of a requirement imposed by the regulations.
3. Regulations under paragraph 1 may—
(a) make provision amending, repealing, revoking or applying (with or without modifications) any provision of the data protection legislation (within the meaning given by section 3(9) of the Data Protection Act 2018);
(b) make provision for exceptions to requirements imposed by the regulations;
(c) make provision about the time by which, or period within which, a thing must be done;
(d) make provision by reference to standards, arrangements, specifications or technical requirements as published from time to time;
(e) confer functions on a person, including functions involving the exercise of a discretion, and make provision in connection with the procedure for exercising the functions.
4. Regulations under this Article are subject to the affirmative resolution procedure.
5. In paragraph 1, the reference to information society services does not include preventive or counselling services.
(1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on provision made by this Act.
(2) Regulations under this section may amend, repeal or revoke legislation passed or made before, or in the same session of Parliament as, this Act.
(3) Except as provided by subsection (4), a statutory instrument that contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) A statutory instrument that contains (whether alone or with other provision) regulations under this section that amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(5) The power to make regulations under this section includes power to make—
(a) supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes or areas.
(6) In this section, “primary legislation” means—
(a) an Act of Parliament,
(b) an Act of the Scottish Parliament,
(c) an Act or Measure of Senedd Cymru, or
(d) Northern Ireland legislation.
(1) The Welsh Ministers may by regulations make provision that is consequential on any of the following provisions of this Act—
(a) section 13 (use of accommodation for deprivation of liberty);
(b) section 14(5) (service of documents under Part 2 of the Care Standards Act 2000);
(c) section 22 (ill-treatment or wilful neglect of children);
(d) sections 37 to 42 (children not in school).
(2) Regulations under subsection (1) may contain only provision which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd.
(3) Regulations under this section may amend, repeal or revoke provision made by or under—
(a) an Act or Measure of Senedd Cymru passed before this Act, or
(b) an Act passed or made before, or in the same session of Parliament as, this Act.
(4) Regulations under this section are to be made by Welsh statutory instrument (see section 37A of the Legislation (Wales) Act 2019 (anaw 4)).
(5) Except as provided by subsection (6), regulations made under this section are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).
(6) Regulations made under this section that amend, repeal or revoke provision made by or under an Act or Measure of Senedd Cymru, or an Act, are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019 (anaw 4)).
(7) The power to make regulations under this section includes power to make—
(a) supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes or areas.
75 Power to make consequential provision: Scotland
(1) The Scottish Ministers may by regulations make provision that is consequential on section 13 (use of accommodation for deprivation of liberty).
(2) Regulations under subsection (1) may contain only provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
(3) Regulations under this section may amend, repeal or revoke provision made by or under—
(a) an Act of the Scottish Parliament passed before this Act, or
(b) an Act passed or made before, or in the same session of Parliament as, this Act.
(4) For provision about instruments containing regulations under this section, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
(5) Except as provided by subsection (6), regulations made under this section are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(6) Regulations made under this section that amend, repeal or revoke provision made by or under an Act of the Scottish Parliament, or an Act, are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(7) The power to make regulations under this section includes power to make—
(a) supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes or areas.
There is to be paid out of money provided by Parliament—
(a) any expenditure incurred under or by virtue of this Act by the Secretary of State or by a government department, and
(b) any increase attributable to this Act in the sums payable under or by virtue of any other Act out of money so provided.
(1) Any amendment or repeal made by this Act has the same extent as the provision amended or repealed.
(2) Subject to subsection (1)—
(a) sections 23 to 27 and Schedule 1 extend to England and Wales, Scotland and Northern Ireland;
(b) section 29 extends to Scotland only.
(3) Subject to subsections (1) and (2), Parts 1 and 2 extend to England and Wales only.
(4) Section 71 and this Part extend to England and Wales, Scotland and Northern Ireland.
(1) The following come into force on the day on which this Act is passed—
(a) any provision of or amendment made by Part 1 or 2, so far as it confers or relates to a power to make—
(i) regulations, or
(ii) in relation to the amendments made to the Education Act 2002 by Schedule 3, an order;
(b) Part 3;
(c) this Part.
(2) The following come into force (for all or remaining purposes) at the end of the period of two months beginning with the day on which this Act is passed—
(a) section 5;
(b) section 22;
(c) section 31;
(d) section 36;
(e) section 51;
(f) section 55;
(g) section 56;
(h) section 58;
(i) section 59 and Schedule 3 other than paragraph 6 of that Schedule;
(j) section 60;
(k) section 61.
(3) Subject to subsection (1), the following come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations made by Welsh statutory instrument appoint—
(a) section 28;
(b) sections 37 to 42 and Schedule 2.
(4) Subject to subsection (1), section 29 comes into force on such day as the Scottish Ministers may by regulations appoint.
(5) Subject to subsections (1) to (4) , this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
(6) Different days may be appointed under subsections (3), (4) or (5) for different purposes or areas.
(7) The Secretary of State may by regulations made by statutory instrument make transitional or saving provision in connection with the coming into force of any provision of this Act other than—
(a) the provisions listed in subsection (3) in relation to Wales;
(b) section 29.
(8) The Welsh Ministers may by regulations made by Welsh statutory instrument make transitional or saving provision in connection with the coming into force of any provision listed in subsection (3) in relation to Wales.
(9) The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of section 29.
(10) The power to make regulations under subsections (7), (8) or (9) includes power to make different provision for different purposes or areas.
Section 23
Part 2 Power to modify Part 1
15 (1) The Secretary of State may by regulations made by statutory instrument amend Part 1 of this Schedule by—
(a) adding a person or description of persons,
(b) removing an entry listed in it, or
(c) varying an entry listed in it.
(2) A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
16 (1) Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 unless the Secretary of State considers that the person exercises, or (as the case may be) all persons of that description exercise, functions of a public nature.
(2) Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1 so that it relates to a person who does not exercise functions of a public nature or, in the case of a description of persons, so that the description consists of or includes persons who do not exercise functions of a public nature.
17 (1) Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 if the Secretary of State considers that the person or (as the case may be) any person of that description—
(a) exercises devolved functions only, or
(b) exercises any devolved functions, unless the entry for that person or description of persons provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions.
(2) Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1—
(a) so that it relates to a person who exercises devolved functions only, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions only, or
(b) so that it relates to a person who exercises devolved functions, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions, unless the entry provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions.
(3) In this paragraph, “devolved function” means a function that could be conferred by provision that would be within the legislative competence of—
(a) the Scottish Parliament, if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998),
(b) Senedd Cymru, if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006), or
(c) the Northern Ireland Assembly, if it were contained in an Act of the Assembly, where the Bill for that Act would not require the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
Schedule 3 Pay and conditions of Academy teachers: amendments to the Education Act 2002
Section 59
1 Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) is amended as follows.
2 In section 120(2) (School Teachers’ Review Body function: meaning of school teacher), for the words from “the Secretary of State’s” to the end substitute “section 122 or an Academy teacher for the purposes of section 122A.”
3 In section 121(2) (bodies to be consulted by School Teachers’ Review Body), after paragraph (b) insert—
(ba) bodies representing the interests of proprietors of Academies,
.
4 In the heading of section 122, after “conditions” insert “of school teachers other than Academy teachers”.
5 After section 122 insert—
Power to set minimum remuneration of Academy teachers etc
122A (1) The Secretary of State may by order make provision requiring the remuneration of an Academy teacher to be at least equal to the amount specified in, or determined in accordance with, the order.
(2) Subsection (3) applies where—
(a) an order under this section applies to an Academy teacher, and
(b) the contract of employment or for services between the Academy teacher and the relevant proprietor provides for the teacher to be paid remuneration that is less than the amount specified in, or determined in accordance with, the order.
(3) Where this subsection applies—
(a) the Academy teacher’s remuneration is to be determined and paid in accordance with any provision of the order that applies to the teacher;
(b) any provision of the contract mentioned in subsection (2)(b) or of the Academy arrangements entered into with the Secretary of State by the relevant proprietor has no effect to the extent that it makes provision that is prohibited by, or is otherwise inconsistent with, the order.
(4) A person is an Academy teacher for the purposes of this section in any of the following cases.
(5) The first case is where—
(a) the person provides primary or secondary education under a contract of employment or for services,
(b) the other party to the contract is the proprietor of an Academy,
(c) the contract requires the person to carry out work of a kind which is specified by regulations under section 133(1), and
(d) the person—
(i) is not prevented by regulations under section 133(1) from carrying out that work, and
(ii) is not of a description specified in regulations made by the Secretary of State for the purposes of this paragraph.
(6) The second case is where the person—
(a) serves as the principal of an Academy, and
(b) is not appointed by the proprietor of the Academy as an executive leader of the proprietor.
(7) The third case is where the person would fall within section 122(5) but for the fact that the other party to the contract of employment or for services under which the person provides primary or secondary education is the proprietor of an Academy (and not a party mentioned in section 122(3)(c)).
(8) Regulations under subsection (5)(d) may, in particular, specify a description by reference to a person’s duties or to any provision for a person’s remuneration to be determined otherwise than under this section.
(9) Where the proprietor of an Academy is also the proprietor of a 16 to 19 Academy, a person (“P”) is not an Academy teacher for the purposes of this section to the extent that a contract of employment or for services between P and the proprietor requires P to provide secondary education at the 16 to 19 Academy.
(10) In the application of subsections (2) and (3)—
(a) it is immaterial whether someone other than the relevant proprietor provides or is responsible for providing all or part of a teacher’s remuneration;
(b) it is immaterial whether someone other than the relevant proprietor is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment.
(11) In this section “the relevant proprietor”, in relation to an Academy teacher, means the proprietor mentioned in subsection (5)(b), (6)(b) or (7) (as the case may be).
7 In section 123 (scope of section 122 orders)—
(a) in the heading, after “122” insert “or 122A”;
(b) after subsection (1) insert—
(1A) Subsection (1) applies in relation to an order under section 122A as it does in relation to an order under section 122 but as if—
(a) the reference in paragraph (a) to a local authority or a governing body were to a proprietor of an Academy, and
(b) paragraphs (f) to (h) were omitted.
;
(c) in subsection (2)(b), after “local authorities” insert “, teachers and proprietors of Academies”;
(d) in subsection (3), after “122” insert “or 122A”;
(e) in subsection (4), after paragraph (c) insert—
(d) that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122A(1).
8 In section 124 (supplementary provision), after “122”, in each place it occurs (including the heading), insert “or 122A”.
9 In section 125(1) (requirement to refer matter before making order), after “122” insert “or 122A”.
10 In section 126 (bodies to be consulted by the Secretary of State)—
(a) after “122” insert “, 122A”;
(b) after paragraph (b) insert—
(ba) bodies representing the interests of proprietors of Academies,
.
11 In section 127 (guidance issued by the Secretary of State)—
(a) after subsection (2) insert—
(2A) The Secretary of State may issue guidance about the determination of whether, for the purposes of section 122A, a person’s remuneration is at least equal to the amount specified in, or determined in accordance with, an order under that section.
(2B) The proprietor of an Academy must have regard to guidance under subsection (2A).
;
(b) in subsection (3), after “(1)” insert “or (2A)”;
(c) in subsection (4)—
(i) after “(1)” insert “or (2A)”;
(ii) after paragraph (b) insert—
(ba) bodies representing the interests of proprietors of Academies,
.
12 After section 127 insert—
References to “Academy” and “Academy arrangements”
127A (1) In sections 121 to 127, a reference to an Academy—
(a) includes a reference to a city technology college and a city college for the technology of the arts, and
(b) does not include a reference to a 16 to 19 Academy.
(2) A reference in any of those sections to Academy arrangements includes a reference to an agreement under section 482 of the Education Act 1996 (city colleges).
13 In section 210(6) (orders not subject to Parliamentary procedure), after “122” insert “or 122A”.
Schedule 4 Establishment of new schools: amendments to Schedule 2 to the Education and Inspections Act 2006
Section 68
1 Schedule 2 to the Education and Inspections Act 2006 (proposals for establishment or discontinuance of schools in England) is amended as follows.
2 In paragraph 1(1) (application of Schedule), omit “, 11”.
3 In paragraph 2 (meaning of “the relevant authority”), in paragraph (b) omit “, 11”.
4 Omit paragraph 3A (meaning of “Academy proposals” and “non-Academy proposals”) and the italic heading before it.
5 (1) Paragraph 4 (references to persons by whom proposals are made) is amended as follows.
(2) For paragraph (a), substitute—
(a) proposals under section 7 are to be taken to be made—
(i) where the proposals are submitted to the relevant authority under subsection (4)(b) of that section, by the person who submitted them, and
(ii) where the proposals are published by the relevant authority in reliance on subsection (5)(aa) of that section, by the relevant authority, and
.
(3) In paragraph (b), omit “, 11”.
6 Omit paragraph 5A (consideration of proposals: distinction between Academy and non-Academy proposals).
7 In paragraph 6 (consideration of proposals), for “10 or 11” substitute “7 or 10”.
8 Omit paragraph 7A (consideration of Academy proposals).
9 (1) Paragraph 8 (consideration of proposals: further provision) is amended as follows.
(2) In sub-paragraph (2), after “proposals to” insert “the Secretary of State or”.
(3) After sub-paragraph (4) insert—
(4A) Sub-paragraphs (3) and (4) are limited by provision made by or under paragraph 17A in relation to proposals for the establishment of an Academy.
10 In paragraph 9 (consideration of proposals that are related to other proposals), in sub-paragraph (2A)(b), omit “, 11”.
11 In the italic heading before paragraph 10, after “refer to” insert “Secretary of State or”.
12 (1) Paragraph 10 (duty to refer certain proposals to adjudicator) is amended as follows.
(2) In sub-paragraph (1)—
(a) in the words before paragraph (a), for “adjudicator” substitute “appropriate person”,
(b) for paragraph (a) substitute—
(a) all of the proposals published under section 7 which would otherwise require consideration by the authority under paragraph 8 where—
(i) some or all of the proposals are made by the authority, or
(ii) the proposals consist of or include proposals which relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2);
, and
(c) in paragraph (b), omit “or 11”.
(3) In sub-paragraph (3), for “adjudicator” in both places it occurs, substitute “appropriate person”.
(4) After that sub-paragraph insert—
(4) In this paragraph, “the appropriate person” means—
(a) in relation to proposals within sub-paragraph (1)(a), the Secretary of State;
(b) in relation to proposals within sub-paragraph (1)(b), the adjudicator.
13 In the italic heading before paragraph 12, for “adjudicator” substitute “Secretary of State”.
14 In paragraph 12 (duty to refer proposals in pursuance of direction by Secretary of State), in sub-paragraph (1), for “adjudicator” substitute “Secretary of State”.
15 In the italic heading before paragraph 13, after “refer” insert “certain”.
16 For paragraph 13 (duty to refer proposals where determination delayed) substitute—
13 (1) This paragraph applies where—
(a) proposals under section 10 or 15 are required to be considered under paragraph 8,
(b) paragraph 8(4) applies in relation to the proposals, and
(c) by the end of such period as may be prescribed the relevant authority have not determined whether to give any approval under paragraph 8(4).
(2) Where this paragraph applies, the relevant authority must within a prescribed time refer to the adjudicator the proposals concerned, together with any comments made on the proposals by the authority.
17 (1) Paragraph 14 (reference to adjudicator at request of aggrieved person) is amended as follows.
(2) In sub-paragraph (1), omit “, 11”.
(3) In sub-paragraph (2)(c), omit “or 11”.
18 (1) Paragraph 15 (duty to refer related proposals) is amended as follows.
(2) In paragraph (a), for “7, 10, 11 or 15” substitute “10 or 15”.
(3) In paragraph (b), omit “, 11”.
19 (1) Paragraph 16 (withdrawal of proposals before determination) is amended as follows.
(2) In paragraph (b) of sub-paragraph (1)—
(a) after “referred to” insert “the Secretary of State or”, and
(b) for “the adjudicator”, in the second place it occurs, substitute “that person”.
(3) In the words after that paragraph, for “the adjudicator” substitute “the Secretary of State or the adjudicator, as the case may be”.
(4) In sub-paragraph (2)—
(a) after “writing to” insert “the Secretary of State or”, and
(b) for “the adjudicator”, in the second place it occurs, substitute “that person”.
20 In the italic heading before paragraph 17, after “to” insert “Secretary of State or”.
21 For paragraph 17 substitute—
17 (1) This paragraph applies where any proposals are referred to the Secretary of State or to the adjudicator (“the decision-maker”) under any provision of this Part of this Schedule.
(2) The decision-maker must consider the proposals or, in a case where the proposals have previously been determined by the relevant authority, must consider them afresh.
(3) For the purposes of sub-paragraph (2), the following provisions apply in relation to the decision-maker as they apply in relation to the relevant authority—
(a) paragraph 8(3) or (4) (as the case may be);
(b) paragraph 8(5) and (6).
(4) For the purposes of sub-paragraph (2), paragraph 9 applies in relation to the decision-maker as it applies in relation to the relevant authority but—
(a) where the decision-maker is the Secretary of State, it applies as if sub-paragraph (2A)(b) of that paragraph (requirement to consider related proposals under section 10 or 15) were omitted;
(b) where the decision-maker is the adjudicator, it applies as if sub-paragraph (2A)(a) of that paragraph (requirement to consider related proposals under section 7) were omitted.
(5) The revocation of a direction under paragraph 12(1) does not affect the determination by the Secretary of State of any proposals referred to the Secretary of State before the revocation.
22 After paragraph 17 insert—
Proposals to establish Academy
17A (1) This paragraph applies in relation to proposals published under section 7 which consist of or include proposals to establish an Academy, other than proposals which have been referred to the Secretary of State under paragraph 10.
(2) The relevant authority must consult the Secretary of State about the proposals before taking any decision under paragraph 8.
(3) Regulations may make provision about requirements that apply in relation to the consultation under sub-paragraph (2) (including requirements as to the period within which the consultation must be carried out).
(4) The relevant authority may not approve under paragraph 8 proposals to establish a particular Academy unless the authority—
(a) has consulted the Secretary of State about the proposals under sub-paragraph (2), and
(b) has been notified by the Secretary of State in accordance with regulations that the Secretary of State would (if the proposals were approved) be willing to begin negotiations with a view to entering into Academy arrangements for the establishment of that particular Academy.
(5) Where the Secretary of State has notified the relevant authority that the Secretary of State’s willingness to begin negotiations is subject to modifications being made to the proposals, the authority may only approve the proposals under paragraph 8 with those modifications.
(6) Where the Secretary of State has notified the relevant authority that the Secretary of State’s willingness to begin negotiations is subject to the authority imposing conditions in connection with the approval of the proposals, the authority may only approve the proposals under paragraph 8 subject to those conditions.
(7) Sub-paragraphs (5) and (6) do not prevent the relevant authority approving the proposals with further modifications or conditions, provided that such modifications or conditions are not inconsistent with those required by the Secretary of State.
(8) If the proposals have been referred to the adjudicator under paragraph 10, 11, 13 or 15, the reference in sub-paragraph (2) to the relevant authority is to be read as a reference to the adjudicator.
(9) Sub-paragraphs (4) to (6) have effect in relation to a decision of an adjudicator under paragraph 8 as they have effect in relation to a decision of the relevant authority under that paragraph.
(10) Approval under paragraph 8 by the relevant authority or the adjudicator of proposals to establish an Academy does not oblige the Secretary of State to enter into, or seek to enter into, Academy arrangements.
23 (1) Paragraph 19 (determination whether to implement proposals not requiring consideration under paragraph 8) is amended as follows.
(2) In sub-paragraph (4)—
(a) for paragraph (aa) substitute—
(aa) proposals published under section 7 that—
(i) require consideration under paragraph 8 and are not yet determined, and
(ii) are not required to be referred to the Secretary of State,
;
(b) in paragraph (b) omit “or 11”.
24 (1) Paragraph 21 (requirement to implement proposals) is amended as follows.
(2) In sub-paragraph (5), after “refer to” insert “the Secretary of State or”.
(3) After that sub-paragraph insert—
(5A) Where the relevant authority have not yet taken a step required by this paragraph in relation to proposals published under section 7, the Secretary of State may give a direction to the authority requiring the authority to refer the matter to the Secretary of State.
(4) In sub-paragraph (6), after “paragraph” insert “in relation to proposals under section 10 or 15”.
(5) In sub-paragraph (7)—
(a) in the words before paragraph (a)—
(i) after “referred to” insert “the Secretary of State or”, and
(ii) after “adjudicator” insert “(“the decision-maker”)”;
(b) in paragraph (a), for “adjudicator” substitute “decision-maker”;
(c) in paragraph (b), for “adjudicator” substitute “decision-maker”.
25 (1) Paragraph 22 (proposals not falling to be implemented) is amended as follows.
(2) In sub-paragraph (3), after “referred to” insert “the Secretary of State or”.
(3) After that sub-paragraph insert—
(3A) Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to apply to any proposals approved by the Secretary of State under paragraph 8, those proposals must be considered afresh by the Secretary of State under that paragraph (and paragraph 17 applies accordingly).