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Great Dalby Funding Agreement

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Great Dalby Funding Agreement FREEDOM OF INFORMATION REDACTION SHEET Great Dalby School Deed of Novation and Variation Exemptions in full n/a Partial exemptions Personal Information has been redacted from this document under Section 40 of the Freedom of Information (FOI) Act. Section 40 of the FOI Act concerns personal data within the meaning of the Data Protection Act 1998. Factors for disclosure Factors for Withholding . further to the understanding of . To comply with obligations and increase participation in under the Data Protection Act the public debate of issues concerning Academies. to ensure transparency in the accountability of public funds Reasons why public interest favours withholding information Whilst releasing the majority of the Great Dalby School Deed of Novation and Variation will further the public understanding of Academies, the whole of the Great Dalby School Deed of Novation and Variation cannot be revealed. If the personal information redacted was to be revealed under the FOI Act, Personal Data and Commercial interests would be prejudiced. DEED OF NOVATION AND VARIATION OF FUNDING AGREEMENT 3( ~ 2016 SECRETARY OF STATE FOR EDUCATION AND GREAT DALBY SCHOOL AND BRADGATE EDUCATION PARTNERSHIP The Parties to this Deed are: (1) THE SECRETARY OF STATE FOR EDUCATION of Sanctuary Buildings, Great Smith Street, London SW1P 3BT (the "Secretary of State"); (2) GREAT DALBY SCHOOL, a charitable company incorporated In England and Wa les with registered company number 08391101 whose registered address Is at Top End, Great Dalby, Melton Mowbray, Leicestershire, LE14 2HA ("the Outgoing Party"); and (3) BRADGATE EDUCATION PARTNERSHIP, a charitable company incorporated in England and Wa les with registered company number 08168237 whose registered address Gaddesby Primary School, Ashby Road, Gaddesby, Leicester, Leciestshire, LE7 4WF (the "Incoming Party"), together referred to as the "Parties". INTRODUCTION A. The Secretary of State and the Outgoing Party entered into a funding agreement in respect of Great Dalby School ("the Academy") on 26 February 2013 ("the Agreement") for the maintenance and funding of the Academy (attached as Schedule 1). B. It is proposed that, with effect from 00.01 am on 1 September 2016 (the "Transfer Date"), the Incoming Party will assume responsibility for the management and operation of the Academy in succession to the Outgoing Party. C. The Parties wish to novate the Agreement to the Incoming Party and the Secretary of State and the Incoming Party wish to vary the terms of the Agreement subject to the provisions of this Deed. LEGAL AGREEMENT 1. Any word or phrase used in this Deed shall, if that word or phrase is defined in the Agreement, bear the meaning given to it in the Agreement. NOVATION 2. The Outgoing Party transfers all its rights and obligations under the Agreement to the Incoming Party with effect from the Transfer Date. With effect from the Transfer Date, the Incoming Party shall enjoy all the rights and benefits of the Outgoing Party under the Agreement and all references to the Outgoing Party In the Agreement shall be read and construed as references to the Incoming Party. 3. With effect from the Transfer Date, the Incoming Party agrees to perform the Agreement and be bound by Its terms In every way as if It were the original party to it in place of the Outgoing Party. 4. With effect from the Transfer Date, The Secretary of State agrees to perform the Agreement and be bound by its terms in every way as if the Incoming Party were the original party to it in place of the Outgoing Party. OBLIGATIONS AND LIABILITIES 5. With effect from the Transfer Date, the Outgoing Party and the Secretary of State release each other from all future obligations to the other under the Agreement. 6. Each of the Outgoing Party and the Secretary of State release and discharge the other from all claims and demands under or in connection with the Agreement arising after the Transfer Date. 7. Each of the Incoming Party and the Secretary of State will have the right to enforce the Agreement and pursue any claims and demands under the Agreement against the other with respect to matters arising before, on or after the date of this Deed as though the Incoming Party were the original party to the Agreement instead of the Outgoing Party. VARIATION 8. The Secretary of State and the Incoming Party agree that with effect from the Transfer Date the Agreement shall be amended and restated so as to take effect in the form set out in Schedule 2 to this Deed. 9. As varied by this Deed, the Agreement shall remain in full force and effect. 10. This Deed shall be governed by and interpreted in accordance with English law. 11. The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or In connection with, this deed or its subject matter or formation (Including non-contractual disputes or claims). COUNTERPARTS 12. This Deed may be executed in any number of counterparts and by the parties to It on separate counterparts, each of which when so executed and delivered shall be an original, but all the counterparts shall together constitute one and the same instrument. IN WITNESS whereof this Deed has been executed by the parties hereto and is intended to be and is hereby delivered on the last date listed below. EXECUTED as a deed by affixing the corporate seal ) of THE SECRETARY OF STATE FOR EDUCATION) a I - I • - I • ) , EXECUTED as a deed by GREAT DALBY SCHOOL acting by one director in the presence of a witness: Director . Print name...... Date .......................................................... Witness Print na Address. EXECUTED as a deed by BRADGATE EDUCATION PARTNERSHIP acting by one director in the presence of a Director witness : Date .......................................................... Witness Print na Address .............................. ....................... Occupation ............................................... Schedule 1 The Funding Agreement SINGLE ACADEMY MODEL Mainstream ,, GREAT DALBY PRIMARY SCHOOL FUNDING AGREEMENT 27 July 2012 v6 215641 .112597370 SINGLE ACADEMY MODEL Mainstream GREAT DALBY PRIMARY SCHOOL FUNDING AGREEMENT CONTENTS: SECTION CLAUSE NO INTRODUCTION 1 - 8 LEGAL AGREEMENT 9 CHARACTERISTICS OF THE ACADEMY 10 ACADEMY OPENING DATE 11 CONDITIONS OF GRANT General 12 Governance 13-14 Conduct 15 Criminal Records Bureau Checks 16 Pupils 17 Designated Teacher for Looked After Children 17A Teachers and other staff 18-21 Curriculum, curriculum development and delivery and RE and collective worship 22-28A Assessment 29 Exclusions 30 School meals 31 -32 Charging 33 International Education Surveys 33A Pupil Premium 338 DURATION OF SCHOOL DAY AND YEAR 33C GRANTS TO BE PAJD BY THE SECRETARY OF STATE General 34-35 Capital Grant 36-39 Arrangements for Payment of Capital Grant 40 General Annual Grant 41 -53 Earmarked Annual Grant 54-55 Arrangements for payment of GAG and EAG 56-60 Other relevant funding 61-64 FINANCIAL AND ACCOUNTING REQUIREMENTS General 65-79A Borrowing Powers 80 - 81 Disposal of Assets 82-88 27 July 2012 v6 215641 .1/2597370 - 3- TERMINATION General 89 - 102 Change of Control 102A - 102C Effect of Termination 103- 110 GENERAL Information 111 - 112 Access by Secretary of State's Officers 113-115 Land 115A Notices 116-117 Complaints 117A-117B General 118-119 ANNEXES TO AGREEMENT Memorandum and Articles of the Academy Trust Annex A Admissions Requirements Annex B Arrangements for pupils with SEN and disabilities at each Acad~my Annex C -4- INTRODUCTION 1) This Agreement is made under section 1 of the Academies Act 2010 between the Secretary of State for Education (the "Secretary of State") and Great Dalby Primary School (the •Academy Trust''). 2) The Academy Trust is a Company incorporated in England and Wales, limited by guarantee with registered Company number 08391101 . 3) 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 - a) "Academies Rnancial Handbook"- clause 66; b) "Accounting Officer" - clause 65; c) "Annual Letter of Funding" -clause 59; d) "Chief Inspector" means Her Majesty's Chief Inspector of Education, Children's Services and Skills or his successor; e) "GAG"- clause 35; f) "Capital Expenditure" -clause 36; g) "Capital Grant"- clause 36; h) "EAG"- clause 35; i) "Recurrent Expenditure"- clause 35; j) "Start-up Period" - clause 49, 4) In this Agreement the following words and expressions shall have the following meanings:- "Academy Financial Year'' means the year from 1'1 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; "Additional Governors" means Governors who may be appointed by the Secretary of State under the Articles of Association. "Business Day" means any day other than a Saturday, Sunday, Christmas Day, - 5- Good Friday or a day which is a bank holiday with the meaning given to that expression in the Banking and Financial Dealings Act 1g71; "Control" in relation to a body corporate ('Entity') means either the legal or beneficial ownership of 30 per cent or more of the issued shares in the Entity ordinarily having voting rights or the power of a person ('A') otherwise to secure- (a) either by means of the holding of shares in that Entity or having an interest conferring voting rights at general meetings of the membership of the Entity or of
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