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Deed of Novation and Variation Joyce Frankland Academy Newport

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Deed of Novation and Variation Joyce Frankland Academy Newport DEED OF NOVATION AND VARIATION OF THE SUPPLEMENTAL FUNDING AGREEMENT FOR JOYCE FRANKLAND ACADEMY, NEWPORT TO ANGLIAN LEARNING 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) ANGLIAN LEARNING, a charitable company incorporated in England and Wales with registered company number 07564749 whose registered address is at Bottisham Village College Lode Road, Bottisham, Cambridge, Cambridgeshire, CB25 9DL (the “IAT”); and (3) JOYCE FRANKLAND ACADEMY, NEWPORT, a charitable company incorporated in England and Wales with registered company number 08135395 whose registered address is at Joyce Frankland Academy, Newport Bury Water Lane, Newport, Saffron Walden, Essex, CB11 3TR (the “Company”); together referred to as the “Parties”. INTRODUCTION A. Joyce Frankland Academy, Newport is an academy within the meaning of the Academies Act 2010 (the “Academy”) and is currently operated by the Company (a single academy trust). B. The Secretary of State and the Company entered into a funding agreement on 31 August 2012 (the “Funding Agreement”) for the maintenance and funding of the Academy (attached as Schedule 1), as subsequently amended by a deed or deeds of variation. C. It is proposed that, with effect from 00.01 am on 1 January 2020 (the “Transfer Date”), the IAT will assume responsibility for the management and operation of the Academy in succession to the Company. D. The Parties wish to novate the Funding Agreement to the IAT, and the Secretary of State and the IAT wish to vary the terms of the Funding 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 Funding Agreement, bear the meaning given to it in the Funding Agreement. NOVATION 2. With effect from the Transfer Date: a. the Company transfers all its rights and obligations under the Funding Agreement to the IAT; b. the IAT shall enjoy all the rights and benefits of the Company under the Funding Agreement and all references to the Company in the Funding Agreement shall be read and construed as references to the IAT; c. the IAT agrees to perform the Funding Agreement and be bound by its terms in every way as if it were the original party to it in place of the Company; and d. the Secretary of State agrees to perform the Funding Agreement and be bound by its terms in every way as if the IAT were the original party to it in place of the Company. OBLIGATIONS AND LIABILITIES 3. With effect from the Transfer Date: a. the Company and the Secretary of State release each other from all future obligations to the other under the Funding Agreement. b. each of the Company and the Secretary of State releases and discharges the other from all claims and demands under or in connection with the Funding Agreement arising after the Transfer Date. c. each of the IAT and the Secretary of State will have the right to enforce the Funding Agreement and pursue any claims and demands under the Funding Agreement against the other with respect to matters arising before, on or after the Transfer Date as though the IAT were the original party to the Funding Agreement instead of the Company. INDEMNITY 4. The IAT agrees to indemnify the Company against any losses, liabilities, claims, damages or costs the Company suffers or incurs under or in connection with the Funding Agreement as a result of the IAT’s failure to perform or satisfy its obligations under the Funding Agreement on or after the Transfer Date. VARIATION 5. The Secretary of State and the IAT agree that with effect from the Transfer Date the Funding Agreement shall be amended and restated so as to take effect in the form of a supplemental funding agreement as set out in Schedule 2 to this Deed. 6. As varied by this Deed, the Funding Agreement shall remain in full force and effect. 7. This Deed shall be governed by and interpreted in accordance with English law. 8. 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 9. 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 ) authenticated by:- ) ………………………………… Duly authorised by the SECRETARY OF STATE FOR EDUCATION Date…………………………………………. EXECUTED as a deed by ANGLIAN LEARNING acting by one director in the presence of a witness: Director …………………………………………… Print name………………………………………... Date ………………………………………………….. Witness …………………………………………… Print name…………………………………………. Address……………………………………………… Occupation………………………………………… EXECUTED as a deed by JOYCE FRANKLAND ACADEMY, NEWPORT acting by one director in the presence of a witness: Director …………………………………………… Print name………………………………………... Date ………………………………………………….. Witness ………………………………………….. Print name…………………………………………. Address……………………………………………… Occupation………………………………………… SCHEDULE 2 Amended Supplemental Funding Agreement for Joyce Frankland Academy, Newport FREEDOM OF INFORMATION REDACTION SHEET Newport Free Grammar School Supplemental Agreement 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 . To comply with obligations of and increase participation under the Data Protection in the public debate of Act 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 Newport Free Grammar School Supplemental Agreement will further the public understanding of Academies. The whole of the Newport Free Grammar School Supplemental Agreement cannot be revealed. If the personal information redacted was to be revealed under the FOI Act, Personal Data and Commercial interests would be prejudiced. SINGLE ACADEMY MODEL Mainstream NEWPORT FREE GRAMMAR SCHOOL – COMPANY NUMBER 08135395 FUNDING AGREEMENT 1 AUGUST 2012 SINGLE ACADEMY MODEL Mainstream NEWPORT FREE GRAMMAR 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 33B GRANTS TO BE PAID 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 - 3- Disposal of Assets 82 – 88 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 – 115E 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 the Academy Annex C Serious incidents of misbehaviour leading to fixed period or permanent exclusion Annex D - 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 Newport Free Grammar School (the “Academy Trust”). 2) The Academy Trust is a Company incorporated in England and Wales, limited by guarantee with registered Company number 08135395. 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 Financial 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 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; “Additional Governors” means Governors who may be appointed by the Secretary of State under the
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