The Alternative Provision Academies and 16 to 19 Academies (Consequential Amendments to Subordinate Legislation) (England) Order 2012

may be cited as the Alternative Provision Academies and 16 to 19 Academies (Consequential Amendments to Subordinate Legislation)(England) Order 2012;

comes into force on 1st May 2012; and

applies in relation to England only.

in the second entry, after “independent school” insert “, or alternative provision Academy that is not an independent school,”; and

after that entry insert—

“The proprietor of a 16 to 19 Academy.”.

The Taxes (Relief for Gifts)(Designated Educational Establishments) Regulations 1992^f1 are amended as follows.

In regulation 2—

In the Schedule—

The Education (Grammar School Ballots) Regulations 1998^f1 are amended as follows.

In regulation 2(1) (interpretation), in paragraph (c) of the definition of “electoral list” after “independent school” insert “or an alternative provision Academy that is not an independent school”.

In regulation 4(1) (meaning of “eligible parent”)—

In regulation 20(3)(c) (information to be given to parents), after “school” insert “or at an alternative provision Academy that is not an independent school”.

In regulation 21 (application of section 497 of the Education Act 1996), after “schools” insert “and alternative provision Academies that are not independent schools”.

Part A of Schedule 1 to the Education (Special Educational Needs)(England)(Consolidation) Regulations 2001^f1 is amended as follows.

In the paragraph beginning “If you think that”—

In the paragraph beginning “Such lists of independent”, after “independent” insert “schools, alternative provision Academies”.

The Children’s Homes Regulations 2001^f1 are amended as follows.

In regulation 3(1) (excepted establishments), after sub-paragraph (a) insert—

“(aa)

any 16 to 19 Academy;”.

For regulation 18(4) (education, employment and leisure activity), substitute—

“(4)

In this regulation, “college” means—

(a)

an institution within the further education sector as defined in section 91 of the Further and Higher Education Act 1992; or

(b)

a 16 to 19 Academy.”.

The Police Act 1997 (Criminal Records) Regulations 2002^f1 are amended as follows.

In regulation 5A(za) (enhanced criminal record certificates: prescribed purposes), after “2002)” insert “or 16 to 19 Academy”.

In regulation 12(1) (exception to unlawful disclosure provisions)—

after paragraph (c) insert—

“(ca)

the proprietor of an alternative provision Academy that is not an independent school;”; and

after paragraph (e) insert—

“(ea)

the proprietor of a 16 to 19 Academy;”.

in paragraph (1)(a)(ii), at the end insert “or at a 16 to 19 Academy”;

in paragraph (5)(b), after “sector” insert “or at a 16 to 19 Academy”.

The Education (Pupil Information)(England) Regulations 2005^f1 are amended as follows.

In regulation 2 (interpretation), in the definition of “responsible person”—

In regulation 5(5) (disclosure of curricular and educational records), before “further education institution” insert “16 to 19 Academy,”.

The Further Education (Providers of Education)(England) Regulations 2006^f1 are amended as follows.

In regulation 9 (new members of staff)—

In regulation 19(2)(a)(ii) (supply staff), after “England” insert “, or in a 16 to 19 Academy,”.

The Education (Information About Children in Alternative Provision)(England) Regulations 2007^f1 are amended as follows.

In regulation 3(b) (application), after “an independent school” insert “or at an alternative provision Academy that is not an independent school, where the education is”.

In regulation 6(k)(ii) (individual information), at the end insert “or in an alternative provision Academy that is not an independent school”.

The School Information (England) Regulations 2008^f1 are amended as follows.

In regulation 5(1) (local authority to publish composite prospectus), for “Academies” substitute “Academy schools”.

In regulations 6(1)(b)(ii) (manner of publication) and 9(1)(b)(ii) (manner of publication), after “Academy” insert “school”.

In Part 2 of Schedule 3 (information to be published by local authorities)—

The Education (Individual Pupil Information)(Prescribed Persons)(England) Regulations 2009^f1 are amended as follows.

In regulation 2(1) (interpretation), in the definition of “work-based learning provider”, after “school” insert “, 16 to 19 Academy”.

In regulation 3(6)(a) (prescribed persons), at the end insert “or 16 to 19 Academies”.

The School Staffing (England) Regulations 2009^f1 are amended as follows.

In regulations 12(6)(b) (manner of appointment), 18(3)(b) (supply staff), 24(6)(b) (manner of appointment) and 30(3)(b) (supply staff), after “England” insert “, or in a 16 to 19 Academy,”.

Schedule 2 to the Teachers’ Pensions Regulations 2010 (pensionable employment)^f1 is amended as follows.

In Part 1 (employments pensionable without election)—

The Education (Independent School Standards)(England) Regulations 2010^f1 are amended as follows.

In regulation 2(1) (interpretation), in the definition of “school”, at the end insert “or an alternative provision Academy that is not an independent school”.

In regulation 3(2) (independent school standards), omit “independent”.

In Part 4 of Schedule 1, in paragraphs 20(1) and 21(1), for “an independent school” substitute “the school”.

The Education (Independent Educational Provision in England)(Provision of Information) Regulations 2010^f1 are amended as follows.

In regulation 1(2) (citation, commencement and application), after “independent schools” insert “and alternative provision Academies that are not independent educational institutions”.

In regulation 2 (interpretation)—

In regulation 3, in the title, omit “of an independent school”.

In Part 2 of the Schedule, in paragraph 3(1), after “independent school” insert “or an alternative provision Academy that is not an independent educational institution”.

Part 1 of the Schedule to the Education (Non-Maintained Special Schools)(England) Regulations 2011 (conditions of approval under section 342 of the 1996 Act)^f1 is amended as follows.

In paragraphs 4(6)(c) (suitability of staff) and 5(4)(c) (supply staff), after “England” insert “, or in a 16 to 19 Academy,”.