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The Academies Act 2010 (Commencement and Transitional Provisions) (Amendment) Order 2010

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Statutory Instruments

2010 No. 3037 (C. 137)

Education, England And Wales

The Academies Act 2010 (Commencement and Transitional Provisions) (Amendment) Order 2010

Made

22nd December 2010

The Secretary of State for Education makes the following order in exercise of the power conferred by section 19(2) of the Academies Act 2010(1).

Citation

1.  This Order may be cited as the Academies Act 2010 (Commencement and Transitional Provisions) (Amendment) Order 2010.

Amendment of the Academies Act 2010 (Commencement and Transitional Provisions) Order 2010

2.  In Column 1 of the table in Schedule 3 to the Academies Act 2010 (Commencement and Transitional Provisions) Order 2010(2) omit “Section 12(4)”.

Jonathan Hill

Parliamentary Under Secretary for Schools

Department for Education

22nd December 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedule 3 to the Academies Act 2010 (Commencement and Transitional Provisions) Order 2010 by revoking the commencement of section 12(4), due to come into force on 1st January 2011.

Section 12(4) amends Schedule 2 to the Charities Act 1993 (exempt charities) to add a qualifying Academy proprietor to the list of exempt charities. An exempt charity does not need to register with the Charity Commission and is regulated, in the first instance, by its principal regulator (appointed by regulations made under section 13(4) Charities Act 2006). The Order has the effect of preserving the Charity Commission’s power to act for the protection of academy proprietors as charities under section 18 of the Charities Act 1993. At the point at which a principal regulator is appointed for Academy proprietors, section 12(4) will be brought into force.

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