Education and Adoption Act 2016

crossheading(maintained)(schools)(causing)(concern)(eligibility)(for)(intervention)

Maintained schools causing concern: eligibility for intervention

s.1

Coasting schools

s.1(1)

The Education and Inspections Act 2006 is amended as follows.

s.1(2)

In section 59 (meaning of “maintained school” and “eligible for intervention”), in subsection (2), at the appropriate place insert— “ section 60B (coasting schools), ”.

s.1(3)

After section 60A insert—

s.1(4)

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

s.2

Performance standards and safety warning notices

s.2(1)

The Education and Inspections Act 2006 is amended as follows.

s.2(2)

In section 60 (performance standards and safety warning notice)—

s.2(2)(a)

for “local authority”, in each place it occurs, substitute “ relevant authority ”;

s.2(2)(b)

for subsection (1) substitute—

s.2(2)(c)

in subsection (4), for paragraph (c) (but not the “and” at the end) substitute—

s.2(2)(d)

in subsection (4)(d), for “66” substitute “ 69 ”;

s.2(2)(e)

after subsection (4) insert—

s.2(2)(f)

omit subsection (5);

s.2(2)(g)

after subsection (6) insert—

s.2(2)(h)

omit subsections (7) to (9);

s.2(2)(i)

for subsection (10) substitute—

s.2(3)

In section 63 (power of local authority to require governing body to enter into arrangements), in subsection (3), for “section 60(10)” substitute “ section 60(1)(b) ”.

s.2(4)

In section 64 (power of local authority etc to appoint additional governors), in subsection (2), for “section 60(10)” substitute “ section 60(1)(b) ”.

s.2(5)

In section 66 (power of local authority to suspend right to delegated budget), in subsection (2), for “section 60(10)” substitute “ section 60(1)(b) ”.

s.2(6)

Omit section 69A (power of Secretary of State to direct local authority to give performance standards and safety warning notice).

s.2(7)

In section 73 (interpretation), omit the definition of “working day”.

s.3

Other warning notices

s.3(1)

The Education and Inspections Act 2006 is amended as follows.

s.3(2)

In section 60A (teachers' pay and conditions warning notice)—

s.3(2)(a)

for subsection (1) substitute—

s.3(2)(b)

in subsection (4), for paragraph (c) (but not the “and” at the end) substitute—

s.3(2)(c)

omit subsection (5);

s.3(2)(d)

in subsection (6), before paragraph (a) insert—

s.3(2)(e)

omit subsections (7) to (10).

s.3(3)

In section 64 (power of local authority etc to appoint additional governors), in subsection (2), for “section 60A(10)” substitute “ section 60A(1)(b) ”.

s.3(4)

In section 66 (power of local authority to suspend right to delegated budget), in subsection (2), for “section 60A(10)” substitute “ section 60A(1)(b) ”.

s.3(5)

In section 69B (power of Secretary of State to direct local authority), in subsection (3)—

s.3(5)(a)

omit paragraph (c);

s.3(5)(b)

in paragraph (d), for “60A(10)” substitute “ 60A(1)(b) ”.

crossheading(maintained)(schools)(causing)(concern)(intervention)(powers)

Maintained schools causing concern: intervention powers

s.4

Power to require governing body to enter into arrangements

Before section 67 of the Education and Inspections Act 2006 insert—

s.5

Appointment of interim executive members

In Schedule 6 to the Education and Inspections Act 2006 (governing bodies consisting of interim executive members), after paragraph 5 insert—

s.6

Interaction between intervention powers

s.6(1)

The Education and Inspections Act 2006 is amended as follows.

s.6(2)

In section 64 (power of local authority etc to appoint additional governors)—

s.6(2)(a)

in subsection (1), for “subsections (1A) and (2)” substitute “ subsection (2) ”;

s.6(2)(b)

omit subsection (1A).

s.6(3)

After section 70 insert—

crossheading(maintained)(schools)(causing)(concern)(conversion)(into)(academies)

Maintained schools causing concern: conversion into Academies

s.7

Duty to make Academy orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.8

Consultation about conversion

For section 5 of the Academies Act 2010 (consultation on conversion) substitute—

s.9

Consultation about identity of Academy sponsor in certain cases

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s.10

Duty to facilitate conversion

After section 5A of the Academies Act 2010 (inserted by section 9 above) insert—

s.11

Power to give directions to do with conversion

After section 5B of the Academies Act 2010 (inserted by section 10 above) insert—

s.12

Power to revoke Academy orders

After section 5C of the Academies Act 2010 (inserted by section 11 above) insert—

s.13

Duty to communicate information about plans to improve school

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

crossheading(academies)(causing)(concern)(intervention)(powers)

Academies causing concern: intervention powers

s.14

Academies causing concern

After section 2 of the Academies Act 2010 insert—

crossheading(adoption)

Adoption

s.15

Local authority adoption functions: joint arrangements

s.15(1)

The Adoption and Children Act 2002 is amended as follows.

s.15(2)

After section 3 insert—

s.15(3)

Omit section 3A as inserted by the Children and Families Act 2014.

s.15(4)

In section 140(3) (subordinate legislation subject to affirmative procedure), for paragraph (za) substitute—

crossheading(general)

General

s.16

Consequential repeals

In consequence of the amendments made by this Act, omit the following—

s.16(a)

paragraphs 6(2) and (3) and 11 of Schedule 13 to the Apprenticeships, Skills, Children and Learning Act 2009;

s.16(b)

sections 44(3) and 56 of the Education Act 2011;

s.16(c)

section 4 of the Children and Families Act 2014.

s.17

Transitional, saving and consequential provision

s.17(1)

The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

s.17(2)

The Secretary of State may by regulations, make provision that is consequential on any provision of this Act.

s.17(3)

Regulations under subsection (2) may amend, repeal or revoke any provision made by or under an Act passed or made before this Act or in the same Session.

s.17(4)

Regulations under this section are to be made by statutory instrument.

s.17(5)

A statutory instrument containing regulations under subsection (2) that amend or repeal provision made by an Act may not be made unless a draft of the statutory instrument has been laid before and approved by a resolution of each House of Parliament.

s.17(6)

Any other statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

s.18

Extent

This Act extends to England and Wales only.

s.19

Commencement

s.19(1)

Sections 17 and 18, this section and section 20 come into force on the day on which this Act is passed.

s.19(2)

The other provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

s.19(3)

Different days may be appointed for different purposes.

s.20

Short title

This Act may be cited as the Education and Adoption Act 2016.