OpenLegislation

Section 10 Consultation: new and expanded educational institutionsF1I1

(1)

This section applies before a person enters into Academy arrangements with the Secretary of State in relation to—

(a)

a new educational institution, F2... or

(b)

an existing educational institution that, if the arrangements are entered into, will provide education for pupils of a wider range of ages.

(2)

The person must carry out a consultation on the question of whether the arrangements should be entered into.

(F32A)

But where the educational institution, if the arrangements are entered into, is to be a secure 16 to 19 Academy—

(a)

the person is not required to carry out a consultation on that question, and

(b)

they must instead carry out a consultation on the question of how they should cooperate with potential local partners in connection with the establishment and carrying on of the Academy.

(2B)

“Potential local partners” in subsection (2A)(b) means—

(a)

persons exercising functions of a public nature, and

(b)

so far as not falling within paragraph (a), proprietors of educational institutions,

with whom the person carrying out the consultation thinks it appropriate to cooperate.

(3)

F4A consultation under this section must seek the views of such persons as the person carrying it out thinks appropriate.

(4)

Section 9(3) (when educational institution not new) applies for the purposes of this section.

Annotations

Textual amendments

F1

S. 10 substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 60(2), 82(3); S.I. 2012/84, art. 3

F2

Words in s. 10(1)(a) omitted (1.9.2026) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 65(5), 78(5) (with s. 69(2)); S.I. 2026/803, reg. 5(c)

F3

S. 10(2A)(2B) inserted (12.4.2026) by Secure 16 to 19 Academies Act 2026 (c. 5), ss. 1(4)(a), 2(2)

F4

Words in s. 10(3) substituted (12.4.2026) by Secure 16 to 19 Academies Act 2026 (c. 5), ss. 1(4)(b), 2(2)

Commencement

I1

S. 10 in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1

Notes on the whole Act

Textual amendments

F1

Ss. 1A-1D inserted (1.2.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Education Act 2011 (c. 21), ss. 53(7), 82(3); S.I. 2012/84, art. 3; S.I. 2012/924, art. 2