Explanatory note

Section 7 of the Academies Act 2010 requires local authorities to transfer a maintained school’s surplus to the Academy proprietor when the school converts to an Academy following an order following an application by the governing body.

These Regulations revoke the previous Academy Conversions (Transfer of School Surpluses) Regulations 2010, except in relation to conversions occurring before 1st January 2014. They also amend the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 so that the Regulations apply to Pupil Referral Units converting to Academies.

Regulation 5 makes provision in respect of determining surpluses in federated schools.

Regulation 6 sets time limits for notifying proprietors of Academies whether there is, and if so the amount of, a surplus.

Regulation 7 makes provision about the procedure for requesting a review by the Secretary of State of any local authority determination.

Regulation 8 makes provision about the time limit by which a local authority must pay a surplus to the proprietor of an Academy.

No impact assessment has been prepared for these Regulations as they do not impact on business, charities or voluntary bodies and the impact on the public sector is minimal.