Where the Academy Clause Samples
Where the Academy. Trust acquires assets for a nil consideration or at an under value it shall be treated for the purpose of this Agreement as having incurred expenditure equal to the market value of those assets at the time that they were acquired. This provision shall not apply to assets transferred to the Academy Trust at nil or nominal consideration and which were previously used for the purposes of an Academy and/or were transferred from an LA, the value of which assets shall be disregarded.
Where the Academy. Trust is seeking a specific EAG in relation to any Academy Financial Year, it shall submit a letter outlining its proposals and the reasons for its request to the DfE.
Where the Academy. Trust applies the pupil premium admission criterion, it must provide information in its admission arrangements about eligibility for the premiums.
Where the Academy. Trust considers that the alternative provision Academy should not have been named in a child’s statement, they may ask the Secretary of State to determine that the LA has acted unreasonably in naming the alternative provision Academy and to make an order directing the LA to reconsider.
Where the Academy. Trust considers that there is a need to increase the overall planned number of places stated in clause 2.10, the Academy Trust must seek the approval of the Secretary of State and the requirements of this Agreement may be amended accordingly by agreement between the Secretary of State and the Academy Trust.
Where the Academy. Trust is seeking a specific EAG in relation to any Academy Financial Year, it shall submit a letter outlining its proposals and the reasons for its request to Academies Division, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, London SW1P 3BT. Arrangements for Payment of GA G and EA G
Where the Academy. Trust has consented to the Academy being named in a child's statement of SEN, or the Secretary of State or the First-tier Tribunal (Special Educational Needs and Disability) have determined that it should be named, the Academy Trust shall admit the child to the Academy notwithstanding any provision of Annex B to this agreement.
1. Subject to the exceptions in paragraph 4, the Academy Trust shall act and shall ensure that the Principal shall act in accordance with the law on exclusions as if the Academy were a maintained school. For this purpose, reference in the law on exclusions to the Head Teacher and Governing Body shall respectively be deemed to be the Principal and Governing Body of the Academy Trust.
2. Without limiting the generality of paragraph 1, the Academy Trust shall ensure that the Local Authority is informed of an exclusion decision in the same circumstances as required by maintained schools under the law on exclusions.
3. Subject to the exceptions in paragraph 4, the Academy Trust shall ensure that in carrying out their functions the Principal, the Governing Body and the Independent Appeal Panel (established in accordance with paragraph 5) have regard to the Secretary of State's guidance on exclusions1. as if the Academy were a maintained school.
4. The exceptions to the duties imposed under paragraphs 1 and 3 are: • the Academy Trust, and not the Local Authority, is responsible for making arrangements for Independent Appeal Panels to hear appeals against permanent exclusions where the governors do not direct reinstatement; • the Governing Body is not expected to seek the advice of a Local Authority officer when considering an exclusion, although a Local Authority officer may attend any meeting to consider an exclusion at the request of a parent; and • subject to the Academy Trust's obligations under clause 52 of this Agreement relating to an agreement with the LA on the flow of funds following an exclusion , the arrangements for money to follow pupils who have been permanently excluded from school does not apply. References in this annex to the Secretary of State's guidance are to "Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units", which is published on the DFE website at: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/wholeschool/behaviour/exclusion/guidance/. The guidance may be subject to amendment, and the Academy is required to have regard to the guidance as it stands at any given time.
Where the Academy. Trust foresees a significant change in the timing of capital expenditure, that is a change to the figures in Annex 5B of over £100,000, a revised Capital Cash Flow Programme must be submitted to the Secretary of State for approval. The Academy Trust must ensure that no pattern of spending is allowed to develop which cannot be contained within the approved capital expenditure limits. The Secretary of State must be informed immediately if any danger of any of the capital costs set out in Annex 4 being exceeded is foreseen so that steps can be taken to rectify the situation and ensure that the project remains within its capital cash limit.