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Section 3 Application for Academy orderI1C1

(1)

The governing body of a maintained school in England may apply to the Secretary of State for an Academy order to be made in respect of the school.

(2)

In the case of a foundation or voluntary school that has a foundation, this is subject to subsections (3) and (4).

(3)

The governing body of a foundation or voluntary school that has a foundation must consult the foundation before making an application under this section.

(4)

The governing body of a foundation or voluntary school that has a foundation may make an application under this section only with the consent of—

(a)

the trustees of the school, and

(b)

the person or persons by whom the foundation governors are appointed.

(5)

Expressions used in subsections (2) to (4) and SSFA 1998 have the same meaning as in that Act.

(6)

F1In the case of a federated school, references in this section to the governing body include references to members of the governing body who—

(a)

together make up a proportion of the total number of members that is specified in, or determined in accordance with, regulations, and

(b)

consist of or include members of any prescribed description.

Annotations

Textual amendments

F1

S. 3(6) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 57(2), 82(3); S.I. 2012/924, art. 2

Modifications

C1

S. 3 applied (with modifications) by SI 2007/2979 Sch. 1 para. 23B (as inserted (31.5.2012) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012 (S.I. 2012/1201), regs. 1(2), 4)

Commencement

I1

S. 3 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