Section 5 Consultation about conversion: schools not eligible for interventionC2I1F1C1
England and Wales
Before a maintained school in England is converted into an Academy, the school's governing body must consult such persons as they think appropriate about whether the conversion should take place.
But this section does not apply if an Academy order under F2section 4(1)(b) has effect in respect of the school.
Consultation for the purposes of this section may be carried out before or after an Academy order, or an application for an Academy order, has been made in respect of the school.
In the case of a federated school, the reference in subsection (1) to the governing body includes a reference to any members of the governing body.
Annotations
Textual amendments
- F1
S. 5 substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 8, 19(2); S.I. 2016/466, reg. 2
- F2
Words in s. 5(2) substituted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 58(3), 78(2)(h) (with s. 58(9))
Modifications
- C1
S. 5 amendment to earlier affecting provision S.I. 2007/2979, Sch. 1 para. 23D (27.6.2016) by The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2016 (S.I. 2016/608), regs. 1, 4
- C2
S. 5 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 23D (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. 5 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