{
  "url": "https://openlegislation.uk/academies-act-2010/section-5",
  "json_url": "https://openlegislation.uk/academies-act-2010/section-5.json",
  "legislation": "ukpga/2010/32",
  "legislation_title": "Academies Act 2010",
  "legislation_url": "https://openlegislation.uk/academies-act-2010",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Consultation about conversion: schools not eligible for intervention",
  "text": "(1) 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.\n(2) But this section does not apply if an Academy order under section 4(1)(b) has effect in respect of the school.\n(3) 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.\n(4) 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.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 5 substituted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 8, 19(2); S.I. 2016/466, reg. 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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))"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "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"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 5 in force at 29.7.2010 by S.I. 2010/1937, art. 2, Sch. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2010/32/section/5",
    "retrieved_at": "2026-10-29T09:09:51.585793+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}