# Children, Schools and Families Act 2010, Section 5: Power to form company to establish Academy, etc


(1) The governing body of a maintained school in England may—
(a) form, or participate in forming, a company to enter into Academy arrangements , and
(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).
References in this subsection to a company are to a company registered under the Companies Act 2006 as a company limited by guarantee.
(2) The governing body of a maintained school in England—
(a) may be a member of a company which they have formed, or participated in forming, under subsection (1)(a), and
(b) may be a member of a company which is not within paragraph (a) but which is party to Academy arrangements .
(3) The power conferred by subsection (1)(b) includes, in particular, power—
(a) to incur expenditure;
(b) to enter into arrangements or agreements with any person.
(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.
(5) In this section “maintained school” means a community, foundation or voluntary school or a community or foundation special school.

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Source: https://www.legislation.gov.uk/ukpga/2010/26/section/5 (the official version)
Page: https://openlegislation.uk/children-schools-and-families-act-2010/section-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

