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b) agrees that the Secretary of State will have the power to investigate the subject of the complaint as if it had taken place after the Academy opened; and
c) must act in accordance with any recommendation from the Secretary of State as if that recommendation had been made under Part III and the Academy were a maintained school/Pupil Referral Unit.
5.2 With regards to a Mainstream Academy, a Special Academy or a 16-19 Academy, if the Secretary of State could have given an order or a direction under section 496 or 497 of the Education Act 1996 to the governing body of the Predecessor School and that order or direction related to matters occurring within the 12 months immediately before the Academy opened, the Academy Trust:
a) agrees that the Secretary of State may give orders or directions to the Academy Trust as though the Academy were a maintained school and sections 496 and 497 applied to the governing body of that maintained school; and
b) must act in accordance with any such order or direction from the Secretary of State.
5.3 If at the time of the opening of any Mainstream Academy, Special Academy, Alternative Provision Academy or 16-19 Academy the investigation of a complaint made to the governing body of the Predecessor School/Pupil Referral Unit has not yet been completed, the Academy Trust must continue to investigate that complaint in accordance with the complaints procedures established by that governing body.
5.4 If a complaint is made to the Academy Trust about matters arising in whole or in part during the 12 months prior to the opening of any Mainstream Academy, any Special Academy any Alternative Provision Academy or any 16-19 Academy the Academy Trust agrees to investigate that complaint as if the matter complained of had taken place after the Academy opened.
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