The Academy may not refuse to admit a child whose statement of SEN or EHC plan names the Academy on the sole basis that some, or all, of the child’s SEN do not feature in the categories referred to in clause 1.14 of this agreement To the extent that it is compatible with the Academy Trust fulfilling its charitable purpose of advancing education in the United Kingdom for the public benefit, the Academy Trust must ensure that the Academy is at the heart of its community, promoting community cohesion and sharing facilities with other schools and the wider community. The Academy Trust must conduct the Academy within the terms and requirements of: the Articles; any legislation or legal requirement that applies to academies, including the Independent School Standards and legislation about meeting the needs of pupils with SEN and disabilities; the Academies Financial Handbook, as stated in clauses 4.6–4.8; and this Agreement. The Academy Trust must, as soon as is reasonable, establish an appropriate mechanism for receiving and managing donations for the purpose of its aims as specified in the Articles. The Academy Trust agrees to be bound by the prohibition against discrimination in section 85 of the Equality Act 2010. [This clause applies only to free schools and new provision academies – otherwise mark clause 1.20 as ‘Not used’] The Academy Trust must ensure that so far as is reasonably practicable and consistent with this Agreement and the Equality Act 2010, the policies and practices adopted by the Academy (in particular regarding curriculum, uniform and school food) enable pupils of all faiths and none to play a full part in the life of the Academy, and do not disadvantage pupils or parents of any faith or none. For the avoidance of
the Academy Trust must pay the Debt or the Market Value; and/or the Academy Trust must sell the Land keeping some or all of the sale proceeds to fulfil its charitable purposes by funding the purchase of an alternative permanent site for the Academy, and accounting to the Secretary of State for any proceeds not so used. Sharing the Land If: the Academy does not reach its planned number of places, as stated in clause 2.10[ *and clause 2.11][*select if clause 2.11 used], within [●] Academy Financial Years; or the Academy Trust or the Secretary of State serves notice to terminate this Agreement under clause 7.1; or the Secretary of State considers that not all the Land is needed for the operation of the Academy at planned number of places, then: the Academy Trust must share occupation of the Land with such other Academy as the Secretary of State considers appropriate and enter into any legal arrangements which the Secretary of State requires for this purpose; or the Academy Trust must sell the Land as required by the Secretary of State and account for the sale proceeds to the Secretary of State in payment of the Debt, after which the Secretary of State will carry out the Discharge Process over the Land. Exercise of Rights On termination of this Agreement, the Secretary of State may give notice that he intends to exercise his rights under clauses 5.11, 7.31 or 7.32 or under the Legal Charge. Any such notice must state which clause of this Agreement the
© Crown copyright 2018 You may re-use this document/publication (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence v2.0. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. To view this licence: visit email: . We welcome feedback. If you would like to make any comments about this publication, please email , quoting the title of this document. Specific project queries should be sent to the allocated project lead/lead contact. About this publication: enquiries . download . Reference: DFE-00722-2014 Follow us on Twitter: Like us on Facebook: