{
  "url": "https://openlegislation.uk/children-schools-and-families-act-2010/section-5",
  "json_url": "https://openlegislation.uk/children-schools-and-families-act-2010/section-5.json",
  "legislation": "ukpga/2010/26",
  "legislation_title": "Children, Schools and Families Act 2010",
  "legislation_url": "https://openlegislation.uk/children-schools-and-families-act-2010",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Power to form company to establish Academy, etc",
  "text": "(1) The governing body of a maintained school in England may—\n(a) form, or participate in forming, a company to enter into Academy arrangements , and\n(b) do anything which appears to them to be necessary or expedient in connection with a proposal that Academy arrangements be entered into with a company formed (or proposed to be formed) by them under paragraph (a).\nReferences in this subsection to a company are to a company registered under the Companies Act 2006 as a company limited by guarantee.\n(2) The governing body of a maintained school in England—\n(a) may be a member of a company which they have formed, or participated in forming, under subsection (1)(a), and\n(b) may be a member of a company which is not within paragraph (a) but which is party to Academy arrangements .\n(3) The power conferred by subsection (1)(b) includes, in particular, power—\n(a) to incur expenditure;\n(b) to enter into arrangements or agreements with any person.\n(4) This section is not to be read as limiting any powers that the governing body of a maintained school have otherwise than by virtue of this section.\n(5) In this section “maintained school” means a community, foundation or voluntary school or a community or foundation special school.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 5(1)(a) substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 26(2)(a); S.I. 2010/1937, art. 2, Sch. 1"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 5(1)(b) substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 26(2)(b); S.I. 2010/1937, art. 2, Sch. 1"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 5(2)(b) substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 26(3); S.I. 2010/1937, art. 2, Sch. 1"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 5 in force at 19.7.2010 by S.I. 2010/1817, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2010/26/section/5",
    "retrieved_at": "2026-10-29T09:09:56.025498+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."
}