Member

444A: Clause 49, page 113, leave out lines 21 to 33 and insert— “(1) Where the proprietor of an Academy—(a) has breached a relevant duty, or(b) otherwise has acted unreasonably with respect to the performance of a relevant duty, the proprietor must take such steps as are necessary to remedy the breach or unreasonable action and secure the proper performance of the relevant duty.(2) Where the proprietor of an Academy has acted unreasonably with respect to the exercise of a relevant power, the proprietor must take such steps as are necessary to ensure the reasonable exercise of the relevant power. (2A) The proprietor must remedy any breach identified under subsection (1) or (2) within such reasonable period as the circumstances require, having regard to—(a) the nature and seriousness of the breach;(b) the impact or likely impact on pupils' education or welfare;(c) the complexity of the remedial action required;(d) any other relevant circumstances.(2B) Where the Secretary of State is reasonably satisfied that the proprietor of an Academy has breached a relevant duty or otherwise has acted unreasonably with respect to the performance of a relevant duty the Secretary of State may serve notice on the proprietor of an Academy specifying—(a) the breach that has been identified;(b) the relevant duty or power in question;(c) the period within which the proprietor must remedy the breach.”Member’s explanatory statement This amendment seeks to prevent Clause 49 from granting the Secretary of State the power to (1) issue a direction to an Academy that is “likely” to have breached a relevant duty, and (2) prescribe exactly how any breach should be remedied. Instead, it seeks to give Academies discretion in how they remedy an actual breach of a relevant duty.