Commentary on Sections Conversion of schools into Academies Section 3: Application for Academy order
15.This section allows the governing body of a maintained school in England to apply to the Secretary of State to become an Academy.
16.A voluntary or foundation school with an existing foundation must consult that foundation before applying and can only make an application with the consent of the school’s trustees and any other persons who are entitled to appoint foundation governors to the school. This means, for example, that a school with a religious character would need the consent of its local diocese or other religious authority before it could apply to become an Academy. ‘Foundation’ in this section has the meaning that it has in the School Standards and Framework Act 1998 (subsection (5)) and in general means a body of persons (other than a governing body), whether incorporated or not, holding land for the purposes of a school. It also includes foundation bodies, which are incorporated bodies holding land for the purposes of 3 or more schools, and who appoint foundation governors.