Commentary on Sections Conversion of schools into Academies Section 4: Academy orders
17.This section 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 under section 3; or secondly, if the school is eligible for intervention (subsection (1)). ‘Eligible for intervention’ has the meaning given in section 59(2) of the Education and Inspections Act 2006, and covers schools subject to warning notices, and those requiring significant improvement or special measures. These Academy orders will not be made by statutory instrument but will be administrative orders (subsection (6)).
18.Subsection (5) provides that where a school applies to become an Academy but the Secretary of State decides not to make an order allowing it to do so, the governing body, the head teacher and the local authority must be informed of that refusal and the reasons.