The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012

This Order may be cited as the Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 and shall come into force on the third day after the day on which it is made.

The consequential amendments made by the Schedule have effect.

During any period when a provision of Chapter 1 of Part 4 of the Education and Skills Act 2008^f1 (independent educational establishments in England) has effect only in relation to independent schools, references to independent educational institutions in section 93A of that Act (inserted by the Schedule), as it has effect in relation to that provision, are to be read as references to independent schools.

The Children Act 1989 is amended as follows.

In section 87 (welfare of children in boarding schools and colleges)—

In section 87B^f1 (duties of inspectors under section 87A), in subsection (2)(a)^f2, after “independent school” insert “, an alternative provision Academy that is not an independent school”.

The Education Act 1996 is amended as follows.

In section 327 (access for local authority to certain schools), in subsection (1)(b)^f1 after “independent school” insert “or an alternative provision Academy that is not an independent school”.

In section 519 (allowances for governors), in subsection (3)(b)^f1, after “independent school” insert “, alternative provision Academy which is not an independent school”.

In section 537A^f1 (provision of information about individual pupils), in subsection (1)(b), after “every” insert “(i)” and after “independent school,” insert “or

“(ii)

alternative provision Academy that is not an independent school,”

In section 547 (nuisance or disturbance on school premises)—

In section 124B(1)^f1 of the School Standards and Framework Act 1998 (designation of independent schools as having a religious character), after “independent school” insert “(other than an alternative provision Academy)”.

In section 44A^f1 of the National Minimum Wage Act 1998 (religious and other communities: resident workers), in subsection (3)(a), after “independent school” insert “or an alternative provision Academy that is not an independent school”.

The Education Act 2002 is amended as follows.

In section 135A^f1 (requirement to serve induction period: teachers in England), in subsection (1)(c), after “independent school” insert “or an alternative provision Academy that is not an independent school”.

In Chapter 1 of Part 10 (regulation of independent schools), before section 157 insert –

“Application of Chapter to alternative provision Academies that are not independent schools

156AA

(1)

This Chapter applies to alternative provision Academies that are not independent schools as it applies to independent schools in England.

(2)

Accordingly, references in this Chapter to independent schools (apart from those that are independent schools in Wales) are to be read as including references to alternative provision Academies that are not independent schools.”

In section 12 of the Children Act 2004 (information databases), in subsection (7), after paragraph (e) insert—

“(ea)

the proprietor of an alternative provision Academy that is not an independent school (within the meaning of that Act);”.

In section 71 of the Income Tax (Trading and Other Income) Act 2005 (educational establishments for the purposes of section 70), in subsection (1) after paragraph (c) insert –

“(ca)

an alternative provision Academy that is not an independent school within the meaning of the Education Act 1996,”.

The Childcare Act 2006 is amended as follows.

In section 13 (duty to provide information, advice and training to childcare providers), in subsection (1)(c)(iii)^f1, after “independent school” insert “or an alternative provision Academy that is not an independent school”.

In section 49 (inspection of early years provision), in subsection (4)^f1, after “independent school” insert “or an alternative provision Academy that is not an independent school”.

In section 53 (requirement to register: other later years providers for children under eight), in subsection (2)(a)(iii)^f1, after “independent school” insert “or an alternative provision Academy that is not an independent school”.

In section 63 (application for registration on the general register: other childcare providers), in subsection (3)(a)(iii)^f1, after “independent school” insert “or an alternative provision Academy that is not an independent school”.

In Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity relating to children)—,

In Chapter 1 of Part 4 of the Education and Skills Act 2008 (independent educational institutions in England), after section 93 insert—

“Application of Chapter to alternative provision Academies that are not independent educational institutions

93A

(1)

This Chapter applies to alternative provision Academies that are not independent educational institutions as it applies to independent educational institutions.

(2)

Accordingly, references in this Chapter (except in sections 95(2) and 140(1)) to independent educational institutions are to be read as including references to alternative provision Academies that are not independent educational institutions.”

In section 71 of the Corporation Tax Act 2009 (educational establishments for the purposes of section 70), in subsection (1), after paragraph (c) insert—

“(ca)

an alternative provision Academy that is not an independent school within the meaning of the Education Act 1996,”.

The Equality Act 2010 is amended as follows.

In section 85 (pupils: admission and treatment, etc)—

In section 87 (application of certain powers under Education Act 1996), in subsection (2)^f1 after “special school)”, insert “or an alternative provision Academy that is not an independent educational institution”.

In Schedule 10 (accessibility for disabled pupils), in paragraph 6(5)(c), after “institution” insert “or an alternative provision Academy that is not an independent educational institution”.

In Part 2 of Schedule 11 (schools: exceptions: religious or belief-related discrimination), in paragraph 5(b), after “a school” insert “(other than an alternative provision Academy)”.

(This note is not part of the Order)