Education Act 1996

Chapter IVE+W City colleges

482 City technology colleges and city colleges for the technology of the arts.E+W

(1)The Secretary of State may enter into an agreement with any person under which—

(a)that person undertakes to establish and maintain, and to carry on or provide for the carrying on of, an independent school with such characteristics as are specified in the agreement and in subsection (2), and

(b)the Secretary of State agrees to make payments to that person in consideration of those undertakings.

(2)The characteristics mentioned above are that the school—

(a)is situated in an urban area,

(b)provides education for pupils of different abilities who have attained the age of 11 and who are wholly or mainly drawn from the area in which the school is situated, and

(c)has a broad curriculum with an emphasis F1. . .on science and technology or on technology in its application to the performing and creative arts [F2or on a subject area mentioned in subsection (2A)].

[F3(2A)The subject areas are—

(a)modern foreign languages;

(b)visual arts, performing arts or media arts (or any combination of them);

(c)sport;

(d)any subject specified by order by the Secretary of State.]

(3)A school to which an agreement under this section relates shall be known—

(a)as a city technology college, if the emphasis of its curriculum is on science and technology, F4. . .

(b)as a city college for the technology of the arts, if the emphasis of its curriculum is on technology in its application to the performing and creative arts. [F5, or

F5(c)as a city academy, if the emphasis of its curriculum is on a subject area mentioned in subsection (2A).]

[F6(3A)A school established on or after the relevant day and which would otherwise, by virtue of subsection (3), be known as a city technology college or a city college for the technology of the arts may instead, if the person carrying it on so chooses, be known as a city academy.

(3B)Before entering into an agreement under this section in relation to a school to be known as a city academy, the Secretary of State must consult the local education authorities referred to in subsection (3C) about the establishment of the school.

(3C)The authorities are—

(a)the local education authority in whose area the school is to be situated, and

(b)if the Secretary of State thinks a significant proportion of the pupils at the school is likely to be resident within the area of another local education authority, that authority.]

(4)An agreement under this section shall make any payments by the Secretary of State dependent on the fulfilment of—

(a)conditions and requirements imposed for the purpose of securing that no charge is made in respect of admission to the school or, subject to such exceptions as may be specified in the agreement, in respect of education provided at the school, and

(b)such other conditions and requirements in relation to the school as are specified in the agreement.

(5)Any requirements having effect in relation to the school by virtue of section 218(2B) of the M1Education Reform Act 1988 (requirements as to the training and teaching experience of teachers at city colleges who seek to become qualified teachers) shall have effect for the purposes of this section and section 483 as requirements falling within subsection (4).

[F7(6)For the purposes of subsection (3A) the relevant day is the day on which section 130 of the Learning and Skills Act 2000 comes into force.]

483 City colleges: financial provisions.E+W

(1)Payments under an agreement under section 482 may be in respect of capital or current expenditure.

(2)In so far as such payments relate to current expenditure, the agreement shall provide for their continuance (subject to the fulfilment of the conditions and requirements falling within section 482(4))—

(a)for a period of not less than seven years, or

(b)for an indefinite period terminable by the Secretary of State by not less than seven years’ written notice.

(3)Where such payments relate to capital expenditure, the agreement shall provide for the repayment to the Secretary of State, in the event of the school at any time discontinuing or ceasing to have the characteristics specified in the agreement and in section 482(2), of sums determined by reference to—

(a)the value at that time of the school premises and other assets held for the purposes of the school, and

(b)the extent to which expenditure incurred in providing those assets was met by payments under the agreement.

[F8(3A)If the school is a city academy, subsection (3) shall apply with such modifications (if any) as may be specified by the Secretary of State by order.]

(4)Without prejudice to subsection (1), an agreement under section 482 may provide for indemnifying a person, in the event of the agreement being terminated by the Secretary of State, for expenditure—

(a)incurred by that person in carrying out the undertakings mentioned in section 482(1), or

(b)incurred by that person (otherwise than by virtue of subsection (3)) in consequence of the termination of the agreement.

[F9483A City colleges and academies: special educational needs.E+W

(1)This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.

(2)A child falls within this subsection if—

(a)he is a child for whom a statement is maintained under section 324, and

(b)he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or a city academy.

(3)The condition in this subsection is satisfied if—

(a)the school is approved by the Secretary of State under section 347(1), or

(b)the Secretary of State consents to the child being educated at the school.

(4)The Secretary of State may by regulations make provision for securing that arrangements are made—

(a)for making the special educational provision specified in the statement;

(b)for making any non-educational provision specified in the statement.

(5)Regulations under subsection (4) may require or authorise a local education authority—

(a)to make payments to the school in respect of the child, or

(b)to provide any other assistance to the school in respect of the child.

(6)No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local education authority making payments or providing assistance by virtue of subsection (5).

(7)This section does not apply to schools in Wales.]