Section 9 Impact: new and expanded educational institutionsI1

(1)

F1This section applies if the Secretary of State is deciding whether to enter into Academy arrangements in relation to—

(a)

a new educational institution, or

(b)

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

F2except where the institution, if the arrangements are entered into, is to be a secure 16 to 19 Academy.

(2)

The Secretary of State must take into account what the impact of entering into the arrangements would be likely to be on maintained schools, Academies, institutions within the further education sector and alternative provision in the area in which the institution is proposed to be, or is, situated.

(3)

An educational institution is not new for the purposes of this section if—

(a)

it replaces one or more maintained schools, Academies or sixth form colleges that have been or are to be discontinued, and

(b)

it provides education for persons of the same range of ages as the institution it replaces (or, as the case may be, the institutions it replaces, taken together).

(4)

“Alternative provision” means educational provision for which a local authority has made arrangements under section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere).

Annotations

Textual amendments

F1: S. 9 substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 60(1), 82(3); S.I. 2012/84, art. 3
F2: Words in s. 9(1) inserted (12.4.2026) by Secure 16 to 19 Academies Act 2026 (c. 5), ss. 1(3), 2(2)

Modifications

C1: S. 9(4) modified (18.5.2012) by The Wiltshire Council (Arrangements for the Provision of Suitable Education) Order 2012 (S.I. 2012/1107), arts. 1(2)(a), 8 (with art. 5)

Commencement

I1: S. 9 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