The Academy Trust is a Company incorporated in England and Wales, limited by guarantee with registered Company number 8899140 The following expressions used in this Agreement have the respective meanings assigned to them by the numbered clauses of this Agreement referred to immediately after the reference to the expressions - “Academies Financial Handbook” - clause 66; “Accounting Officer” – clause 65; "Annual Letter of Funding" - clause 59; "GAG" – clause 35; "Capital Expenditure" - clause 36; “Capital ” – clause 36; "EAG" - clause 35; “Governing Body” – clause 13 “Recurrent Expenditure” – clause 35; “Start-up Period” – clause 49; In this Agreement the following words and expressions shall have the following meanings:- “Academy” means an Academy school (within the meaning of the Academies Act 2010); "Academy Financial Year" means the year from 1st September to 31st August or such other period as the Secretary of State may from time to time specify by notice in writing to the Academy Trust; the “Articles” means the Articles of Association of the Academy Trust for the time being in force;
consideration of that teacher’s capability, the duration of the proceedings and their outcome. Curriculum, curriculum development and delivery and RE and collective worship The curriculum provided by the Academy to pupils up to the age of 11 shall be broad and balanced. 22A) The Academy Trust shall publish information in relation to its current curriculum provision. Such information shall include details relating to: a) the content of the curriculum; b) its approach to the curriculum; c) the GCSE options (and other Key Stage 4 qualifications) or other future qualifications, as specified by the Secretary of State, offered by the Academy; d) the names of any phonics or reading schemes in operation for Key Stage 1; and e) how parents (including prospective parents) can obtain further information in relation to the Academy’s curriculum. 22B) Subject to the requirements of clauses 22, 22A and 23 to 28A, the curriculum will be the responsibility of the Academy Trust. The Academy Trust shall ensure that the broad and balanced curriculum includes English, mathematics and science. 23A) Sections 42A (provision of careers guidance) and 45A (guidance as to discharge of duties) of the Education Act 1997 shall be deemed to apply to the Academy with the following modifications: the Academy shall be treated as falling within the meaning of “a school” under section 42A (2); the Academy Trust shall be deemed to be the “responsible authorities” for the
purposes of subsection 42A(3); and references to registered pupils shall be treated as references to registered pupils at the Academy. The Academy Trust shall make provision for the teaching of religious education and for a daily act of collective worship at the Academy. Where the Academy is designated with a religious character in accordance with section 124B of the School Standards and Framework Act 1998 or further to section 6(8) of the Academies Act 2010: subject to clause 27, and paragraph 4 of Schedule 19 to the School Standards and Framework Act 1998 which shall apply as if the Academy were a voluntary aided school with a religious character, the Academy Trust shall ensure that provision is made for Religious Education to be given to all pupils at the Academy in accordance with the tenets of the specified religion or religious denomination of the Academy; subject to clause 27, the Academy Trust shall comply with the requirements of section 70(1) of, and Schedule 20 to, the School Standards and Framework Act 1998 as if the Academy were a foundation school with a religious character or a voluntary school, and as if references to ' the required collective worship' were references to collective worship in accordance with the tenets and practices of the specified religion or religious denomination of the Academy; the Academy Trust shall ensure that the quality of Religious Education given to pupils at the Academy and the contents of the Academy’s collective worship given in accordance with the tenets and practice of the specific religion or religious denomination are inspected. Such inspection shall be conducted by a person chosen by the Academy Trust and the Academy shall secure that such inspection shall comply with the requirements set out in any statutory provision and regulations as if the Academy were a foundation or voluntary school which has been designated under section 69(3) of the School Standards and Framework Act 1998 as having a religious character.
taking into account the amount of the proceeds to be reinvested by the Academy Trust. The Secretary of State will have regard to any representations from the Academy Trust and the LA from which the asset was transferred before giving consent under this clause. Except with the consent of the Secretary of State, the Academy Trust shall not dispose of assets funded (whether in whole or in part) by the Secretary of State for a consideration less than the best price that can reasonably be obtained, such consent not to be unreasonably withheld or delayed. The Academy Trust shall provide 30 days’ written notice to the Secretary of State of its intention to dispose of assets for a consideration less than the best price that can reasonably be obtained, whether or not such disposal requires the Secretary of State’s consent under clause 87 above. TERMINATION Either party may give not less than seven Academy Financial Years’ written notice to terminate this Agreement, such notice to expire on 31 August 2021 or any subsequent anniversary of that date. Termination Warning Notice The Secretary of State shall be entitled to issue to the Academy Trust a written notice of his intention to terminate this Agreement (“Termination Warning Notice”) where he considers that: the Academy is no longer meeting the requirements referred to in clause 10 of this Agreement (subject to clause 97); the conditions and requirements set out in clauses 12-33B of this Agreement are no longer being met; the standards of performance of pupils at the Academy are unacceptably low; there has been a serious breakdown in the way the Academy is managed or governed; the safety of pupils or staff is threatened (whether by breakdown of discipline or otherwise); or the Academy Trust is otherwise in material breach of the provisions of this
order under section 69(3) of the SSFA as a school having a religious character. For the avoidance of doubt, the Academy Trust agrees and acknowledges that section 124A of the SSFA shall not therefore apply to it in relation the persons referred to at (a) and (b) above. 21C) (1) Section 58 of the SSFA shall apply to the Academy Trust with the following modifications: a) in subsection (3) for the words “head teacher” read “principal”; b) in subsections (5) & (6) for “foundation governors” read “Foundation Governors” as defined in the Articles; c) in subsection (6):(b) for the words “governing body” read “appropriate body”; d) in subsection (9) for (a) and (b) read the words “Academy Trust”.- (2) Section 60(4) of the SSFA shall apply to the Academy Trust with the modification that for the words “head teacher” read “principal” each time they occur. B. Land clauses – for insertion where freehold or leasehold land will be held by the Academy Trust Where a freehold interest in publicly funded land for use by the Academy is to be transferred to the Academy Trust insert all of the following clauses and the definitions of “land” and “insured risks” at clause 4) Where a leasehold interest in publicly funded land for use by the Academy is to be transferred to the Academy Trust using one of the DfE’s model leases, insert only clauses 115A and the definition of “land” at clause 4 (the other land clauses can be left out as these overlap with what is covered by the lease) Where the Academy Trust will have both freehold and leasehold interests in publicly funded land, (because it has been transferred more than one piece of land), then insert all the land clauses but the Academy Trust may include a clause saying that clauses 115B-115E do not apply to land in which the Academy Trust holds a leasehold interest only.