Commentary on provisions of Act Section 7: Duty to make Academy orders
Section 4 of the Academies Act 2010 permits the Secretary of State to make an Academy order which enables the conversion of a maintained school into an Academy in two circumstances; firstly on the application of a school’s governing body; and secondly if the school is eligible for intervention within the meaning of section 59(2) of the Education and Inspections Act 2006 (schools subject to warning notices, and those requiring significant improvement or special measures).
	Section 7 amends section 4(1) of the Academies Act 2010. It places a duty on the Secretary of State to make an Academy order in respect of a maintained school that is eligible for intervention by virtue of the fact that the school has been found to require significant improvement or special measures (under section 61 or 62 of the Education and Inspections Act 2006).
	Section 7(3) further amends section 4 to provide that the Secretary of State will retain discretion as to whether to issue an Academy order in other circumstances where a school is eligible for intervention either because it fails to comply with a warning notice (under section 60 or 60A of the Education and Inspections Act 2006) or where it is identified as "coasting" (in accordance with the new section 60B of the Education and Inspections Act 2006 to be inserted by section 1 of this Act).