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1 FREEOM OF INFORMATION REACTION SHEET Suppementay Funding Ageement fo Ademan Pee High Shoo Exemptions in fu n/a Patia exemptions Pesona Infomation has been edated fom this doument unde Setion 4 of the Feedom of Infomation (FOI) At. Setion 4 of the FOI At onens pesona data within the meaning of the ata Potetion At Fatos fo disosue Fatos fo Withhoding futhe to the undestanding of and inease patiipation in the pubi debate of issues onening Aademies. To ompy with obigations unde the ata Potetion At to ensue tanspaeny in the aountabiity of pubi funds Reasons why pubi inteest favous withhoding infomation Whist eeasing the majoity of the Suppementay Funding Ageement fo Ademan Pee High Shoo wi futhe the pubi undestanding of Aademies. The whoe of the Suppementay Funding fo Ademan Pee High Shoo annot be eveaed. If the pesona infomation edated wee to be eveaed unde the FOI At, Pesona ata and Commeia inteests woud be pejudied.

2 epatment fo Eduation ~ Mainsteam o aademy and fee shoo: ~ suppementa o funding ageement Api216 (

3 Contents SUMMARY SHEET 4 Infomation about the Aademy: 4 1. ESTABLISHING THE ACAEMY 8 efinitions and intepetation 8 The Aademy 9 2. RUNNING OF THE ACAEMY 9 SEN Teahes and staff 9 Pupis 9 unit 9 Chaging 9 Admissions 1 Cuiuum GRANT FUNING 13 Cauation of GAG 13 Othe eevant funding LAN TERMINATION 2 Temination by eithe paty 2 Temination Waning Notie 2 Temination by the Seetay of State afte inspetion 21 Temination by the Seetay of State 22 Funding and admission duing notie peiod 22 I Notie of intention to teminate by Aademy Tust 22 Api 216 vs 2

4 { I Q L 6. OTHER CONTRACTUAL ARRANGEMENTS 26 Annexes The Maste Ageement Genea ANNEXES PUPILS WITH SPECIAL EUCATION NEES (SEN) AN ISABILITIES AMISSION OF PUPILS WITH SEN AN ISABILITIES 29 Effet of temination 25 Api 216 v5 3

5 SUMMARY SHEET Infomation about the Aademy: Name of Aademy Tust Company numbe ate of Maste Funding Ageement The Wensum Tust Mah 212 amended and estated by a eed of Vaiation dated 16 Febuay 216 : C L Opening date Type of aademy (indiate whethe aademy o fee shoo) Reigious designation Whoy o paty seetive Name of pedeesso shoo (whee appiabe) Capaity numbe Age ange Numbe of sixth fom paes Numbe of boading paes SEN unit I Resoue povision Land aangements (Vesion 1-7 o othe) Addess and tite numbe of Land Api 216 vs 1 Novembe 217 Aademy onvete N/A N/A Ademan Pee High Shoo N/A N/A N/A Vesion 2 Ademan Pee High Shoo, Maket Lane, Wes-next-the-Sea, Nofok, NR23 1 RB Tite numbe: NK I Name of aademy Ademan Pee High Shoo

6 ( ( I Pease onfim whih ause vaiations have been appied o maked as 'Not used' Cause No. esipto Appied Not used 1.1 Ony appies to fee shoos and new X povision aademies 2.A.1 Cause appies whee an aademy was X peviousy a VC o foundation shoo designated with a eigious haate 2.C, 2. Ony appies whee the aademy has an X SEN unit 2.E Ony appies whee thee was a X pedeesso independent shoo 2.G Cause does not appy to fee shoos X (uness thee was a pedeesso independent shoo), o new povision aademies 2.M Cause appies ony to aademies and fee X shoos designated with a eigious haate 2.N Cause appies ony to aademies that wee X fomey whoy seetive gamma shoos 2. Cause appies ony to aademies that wee X fomey patiay seetive gamma shoos 2.T Cause appies to fee shoos and new X povision aademies designated with a eigious haate 2.W Cause ony appies whee the aademy is X designated with a eigious haate 2.X Cause ony appies whee the aademy has X not been designated with a eigious haate 2.Y Cause appies whee an aademy was X peviousy a VC shoo o foundation shoo designated with a eigious haate Api 216 vs 5

7 1 { f Cause No. 2.Y) esipto Appied Not used Sub-ause appies if the aademy is X designated with a denominationa eigious haate - CE et. athe than 'Chistian' 3.A - 3.F Option 1 appies to onvete and sponsoed X aademies: if used deete option 2 I I ' ] L u 3.A-3.F 3.H 3.J 3.K 5.G K 5.L 5.M 5.N 5. 6.H Api 216 vs Option 2 appies to fee shoos and new povision aademies: if used deete option 1 Cause eating to Stat-up ony appies in some ases (does not appy to aademy onvetes) Cause ony appies to fu sponsoed and intemediate sponsoed aademies with appoved Aademy Ation Pans Cause does not appy to fee shoos X I (uness thee was a pedeesso independent shoo), o new povision aademies Cause appies ony to a boading aademy/fee shoo. Cause ony appies to sponsoed aademies Cause appies to fee shoos and may be appied to new povision aademies Cause appies to fee shoos and may be appied to new povision aademies Cause appies to fee shoos and may be appied to new povision aademies Cause appies to fee shoos and may be appied to new povision aademies Cause appies to fee shoos and may be appied to new povision aademies Cause ony appies to shoos whih ae designated with a Chuh of Engand o Roman Cathoi haate 6 X X X X X X X X X X, X I I

8 f Pease identify any othe vaiations fom the mode that appy to this aademy (e.g. auses eating to PFI, o any equied beause the muti aademy tust inudes aademies designated with diffeent eigious haates, o a mixtue of those designated with a eigious haate, and those whih ae not): Additiona auses wi be suppied by you pojet ead if needed. esipto Cause Appied Not used No. G Api 216 vs 7

9 I I L f 1. ESTABLISHING THE ACAEMY 1.A This Ageement made between the Seetay of State fo Eduation and The Wensum Tust is suppementa to the maste funding ageement made between the same paties and dated 3 Mah 212 as amended and estated by a eed of Vaiation dated 16 Febuay 216 (the "Maste Ageement"). efinitions and intepetation 1. 8 Exept as expessy povided in this Ageement wods and expessions defined in the Maste Ageement wi have those same meanings in this Ageement. 1.C The foowing apitaised wods and expessions wi have the foowing meanings: ''The Aademy" means the Ademan Pee High Shoo. "Coasting" has the meaning given by eguations unde subsetion (3) of setion 68 of the Eduation and Inspetions At 26 in eation to a shoo to whih that setion appies. "SEN" means Speia Eduationa Needs and the expessions "speia eduationa needs" and "speia eduationa povision" have the meaning set out in setions 2(1) and 21 (2) of the Chiden and Famiies At 214. "Temination Notie" means a notie sent by the Seetay of State to the Aademy Tust, teminating this Ageement on the date speified in the notie. "Temination Waning Notie" means a notie sent by the Seetay of State to the Aademy Tust, stating his intention to teminate this Ageement. 1. The Intepetation At 1978 appies to this Ageement as it appies to an At of Paiament. 1.E Refeene in this Ageement to auses and annexes wi, uness othewise stated, be to auses and annexes to this Ageement. Api 216 vs 8

10 . ~ The Aademy 1.F The Aademy is a Mainsteam Aademy as defined in ause 1.4 of the Maste Ageement. 1.G The Aademy Tust wi estabish and maintain the Aademy in aodane with the Maste Ageement and this Ageement. 1.H The Aademy Tust wi open the Aademy on 1 Novembe Not used. 2. RUNNING OF THE ACAEMY Teahes and staff 2.A Subjet to ause 2.4 of the Maste Ageement, 7.A of this Ageement and setion 67 of the Chiden and Famiies At 214, the Aademy Tust may, in aodane with any eevant Guidane, empoy anyone it beieves is suitaby quaified o is othewise eigibe to pan and pepae essons and ouses fo pupis, teah pupis, and assess and epot on pupis' deveopment, pogess and attainment. 2.A.1 Not used. Pupis 2.8 The panned apaity of the Aademy is 5 in the age ange The Aademy wi be an a abiity inusive shoo. SEN unit t 2.C Not used. 2. Not used. Chaging 2.E Not used. Api 216 vs 9

11 . t Admissions 2.F Subjet to auses 2.K- 2.L the Aademy Tust wi at in aodane with, and wi ensue that its Independent Appea Pane is tained to at in aodane with, the Shoo Admissions Code and Shoo Admission Appeas Code pubished by the fe (the "Codes") and a eevant admissions aw as they appy to foundation and vountay aided shoos, and with equaities aw. Refeene in the Codes o egisation to "admission authoities" wi be deemed to be efeenes to the Aademy Tust. 2.G Pupis on o in a Pedeesso Shoo whih was a maintained o independent shoo wi tansfe automatiay to the Aademy on opening. A hiden aeady offeed a pae at that Pedeesso Shoo must be admitted to the Aademy. 2.H The Aademy Tust must patiipate in the oa Fai Aess Potoo. The Aademy Tust must patiipate in the oodinated admission aangements opeated by the LA in whose aea the Aademy is situated. If the Aademy is a fee shoo, the Aademy Tust is not equied to patiipate in oodination fo its fist intake of pupis. 2.1 The Aademy Tust may detemine admission aangements (subjet to onsutation in ine with the Codes) that give pioity fo admission to hiden attating the Pupi Pemium, inuding the sevie pemium (the "pupi pemium admission iteion"), but not above ooked-afte hiden and peviousy ooked-afte hiden. 2.J Whee the Aademy Tust appies the pupi pemium admission iteion, it must povide infomation in its admission aangements about eigibiity fo the pemiums. 2.K Fo the puposes of appying the pupi pemium admission iteion ony, setions 1.9(f) and 2.4(a) of the Shoo Admissions Code do not appy insofa as they pevent admission authoities fom giving pioity to hiden aoding to the finania o oupationa status of paents o using suppementay foms that ask fo: 1 Api 216 vs

12 f L 2.L a} any pesona detais about thei finania status; o b) whethe paents ae seving in the UK amed foes o wee seving in the UK amed foes, and ae exeising paenta ae and esponsibiity fo the hid in question. The Seetay of State may: a} diet the Aademy Tust to admit a named pupi to the Aademy: i. foowing an appiation fom an LA inuding ompying with a shoo attendane ode as defined in setion 437 of the Eduation At Befoe doing so the Seetay of State wi onsut the Aademy Tust; o f I J ii. whee in eation to a speifi hid o hiden the Aademy Tust has faied to at in aodane with the Codes o this Ageement o has othewise ated unawfuy; o b) diet the Aademy Tust to amend its admission aangements whee they do not ompy with the Codes o this Ageement, o ae othewise unawfu. 2.M Not used. 2.N 2. 2.P 2. Not used. Not used. The Aademy Tust must ensue that paents and 'eevant hiden' (as desibed in the Codes) have the ight to appea to an Independent Appea Pane if they ae dissatisfied with an admission deision of the Aademy Tust. The aangements fo appeas must ompy with the Codes as they appy to foundation and vountay aided shoos. The detemination of the appea pane is binding on a paties. Subjet to ause 2.R, the meaning of "eevant aea" fo the puposes of onsutation equiements in eation to admission aangements is that 11 Api216 vs

13 f L detemined by the eevant LA fo maintained shoos in the aea in aodane with the Eduation (Reevant Aeas fo Consutation on Admission Aangements) Reguations R If the Aademy does not onside the eevant aea detemined by the LA fo the maintained shoos in the aea to be appopiate, it must appy to the Seetay of State by 1 August befoe the aademi yea in question fo a detemination of the appopiate eevant aea fo the Aademy, setting out the easons fo this view. The Seetay of State wi onsut the Aademy Tust and the LA in whose aea the Aademy is situated in eahing a deision. 2.S The Offie of the Shoos Adjudiato ("OSA") wi onside objetions to the Aademy's admission aangements (exept objetions against the ageed vaiations fom the Codes speified at ause 2.K, ove whih it has no juisdition). The Aademy Tust must theefoe make it ea, when detemining the Aademy's admission aangements, that objetions shoud be submitted to the OSA. The OSA's detemination of an objetion is binding on the Aademy and the Aademy Tust must make appopiate hanges to its admission aangements as quiky as possibe. 2.T Not used. Cuiuum 2.U The Aademy Tust must povide fo the teahing of eigious eduation and a daiy at of oetive woship at the Aademy. 2.V The Aademy Tust must ompy with setion 71(1)-(6) and (8) of the Shoo Standads and Famewok At 1998 as if the Aademy wee a ommunity, foundation o vountay shoo, and as if efeenes to "eigious eduation" and "eigious woship" in that setion wee efeenes to the eigious eduation and eigious woship povided by the Aademy in aodane with ause 2.X. 2. W Not used. Api 216 vs 12

14 I 2.X Subjet to ause 2.V, whee the aademy has not been designated with a eigious haate (in aodane with setion 1248 of the Shoo Standads and Famewok At 1998 o futhe to setion 6(8) of the Aademies At 21 ): a) povision must be made fo eigious eduation to be given to a pupis at the Aademy in aodane with the equiements fo ageed syabuses in setion 375(3) of the Eduation At 1996 and paagaph 2(5) of Shedue 19 to the Shoo Standads and Famewok At 1998; b) the Aademy must ompy with setion 7(1) of, and Shedue 2 to, the Shoo Standads and Famewok At 1998 as if it wee a ommunity, foundation o vountay shoo whih does not have a eigious haate, exept that paagaph 4 of that Shedue does not appy. The Aademy may appy to the Seetay of State fo onsent to be eieved of the equiement imposed by paagaph 3(2) of that Shedue. 2. Y Not used. 2.Z The Aademy Tust must have egad to any Guidane, futhe to setion 43 of the Eduation At 1996, on sex and eationship eduation to ensue that hiden at the Aademy ae poteted fom inappopiate teahing mateias and that they ean the natue of maiage and its impotane fo famiy ife and fo binging up hiden. The Aademy Tust must aso have egad to the equiements in setion 45 of the Eduation At 1996, as if the Aademy wee a maintained shoo. 2.AA The Aademy Tust must pevent poitia indotination, and seue the baaned teatment of poitia issues, in ine with the equiements fo maintained shoos set out in the Eduation At 1996, and have egad to any Guidane. 3. GRANT FUNING Cauation of GAG 13 Api 216 vs

15 . 3A-3. Not used. 3.E The Seetay of State wi auate GAG based on the pupi ount at the Aademy. In ode to auate GAG fo the Aademy Finania Yea in whih the Aademy opens, the pupi ount wi be detemined on the same basis as that used by the eevant LA fo detemining the budget of the maintained Pedeesso Shoo. 3.F Fo Aademy Finania Yeas afte that efeed to in ause 3.E, the basis of the pupi ount fo detemining GAG wi be: a) fo pupis in Yea 11 and beow, the Shoos Census whih is used to fund maintained shoos fo the finania yea oveapping with the Aademy Finania Yea in question; and b) fo pupis in Yea 12 and above, the fomua whih is in use at the time fo maintained shoos. 3.G The Seetay of State may, at his disetion, adjust the basis of the pupi ount to take aount of any diseonomies of sae whih may affet the Aademy if it is opeating beow the panned apaity in ause 2.8. If suh an adjustment is made in any Aademy Finania Yea, this wi not hange the basis of the pupi ount fo auating the foowing Aademy Finania Yea's GAG. If the Seetay of State has indiated that additiona gant may be payabe in suh iumstanes, the Aademy Tust wi bid fo this additiona gant based on need and poviding appopiate suppoting evidene. The Seetay of State may aept o efuse the bid at his disetion. 3.H Not used. 3.1 The Seetay of State eognises that if a Temination Notie o a Temination Waning Notie is seved, o the Maste Ageement is othewise teminated, the intake of new pupis duing the notie peiod may deine and theefoe payments based on the numbe of pupis attending the Aademy may be insuffiient to meet the Aademy's needs. In these iumstanes the Seetay of State may pay a age GAG in the notie peiod, to enabe the 14 Api 216 vs

16 L Aademy to opeate effetivey. Othe eevant funding 3.J Not used. 3.K The Seetay of State may pay the Aademy Tust's osts in onnetion with the tansfe of empoyees fom a Pedeesso Shoo unde the Tansfe of Undetakings (Potetion of Empoyment) Reguations 26. Suh payment wi be ageed on a ase-by-ase basis. The Aademy Tust must not budget fo suh a payment uness the Seetay of State onfims in witing that it wi be paid. Caying fowad of funds 3.L Any additiona gant made in aodane with ause 3.1, fo a peiod afte the Seetay of State has seved a Temination Notie o a Temination Waning Notie unde this Ageement, o othewise teminates the Maste Ageement, may be aied fowad without imitation o dedution unti the iumstanes set out in ause 3.1 ease to appy o the Aademy oses. 4. LAN "Land" means the and at Ademan Pee High Shoo, Maket Lane, Wes-next-the Sea, Nofok, NR23 1 RB, being the and egisteed with tite numbe NK and demised by the Lease. "Lease" means the ease o othe oupationa ageement between the Aademy Tust and a thid paty (the "Landod") unde whih the Aademy Tust deives tite to the Land. "Popety Notie" means any ode, notie, poposa, demand o othe equiement issued by any ompetent authoity (inuding the Landod) whih mateiay affets the Aademy Tust's abiity to use the Land fo the puposes of the Aademy. Restitions on Land tansfe 4.A The Aademy Tust must: Api 216 vs 15

17 u a) within 28 days of the signing of this Ageement in iumstanes whee the Land is tansfeed to the Aademy Tust pio to the date of this Ageement, o othewise within 28 days of the tansfe of the Land to the Aademy Tust, appy to the Land Registy using Fom RX1 fo the foowing estition (the "Restition") to be enteed in the popietoship egiste fo the Land: No disposition of the egisteed estate by the popieto of the egisteed estate is to be egisteed without a witten onsent signed by the Seetay of State fo Eduation, of Santuay Buidings, Geat Smith Steet, London SW1 P 3BT; b) take any futhe steps easonaby equied to ensue that the Restition is enteed on the popietoship egiste; ) pompty onfim to the Seetay of State when the Restition has been egisteed; d) if it has not egisteed the Restition, pemit the Seetay of State to do so in its pae; and e) not, without the Seetay of State's onsent, appy to disappy, modify, ane o emove the Restition, whethe by itsef, a hoding ompany, a subsidiay ompany, o a eeive, administato o iquidato ating in the name of the Aademy Tust. Obigations of the Aademy Tust 4.8 The Aademy Tust must keep the Land ean and tidy and make good any damage o deteioation to the Land. The Aademy Tust must not do anything to essen the vaue o maketabiity of the Land without the Seetay of State's onsent. 4.C The Aademy Tust must ompy with the Lease and pompty enfoe its ights against the Landod. 4. The Aademy Tust must not, without the Seetay of State's onsent: 16 Api 216 vs

18 t ~ ( n a) teminate, vay, suende, enew, dispose of o agee any evised ent unde the Lease; b) gant any onsent o iene; o ) eate o aow any enumbane; o d) pat with o shae possession o oupation; o e) ente into any oneous o estitive obigations, in espet of a o pat of the Land. Option 4.E The Aademy Tust gants and the Seetay of State aepts an option (the "Option") to aquie the Land at ni onsideation. The Seetay of State may exeise the Option in witing on temination of this Ageement. If the Option is exeised, ompetion wi take pae 28 days afte the exeise date in aodane with the Law Soiety's Standad Conditions of Sae fo Commeia Popety in foe at that date. Option Notie 4.F The Aademy Tust: a) must, within 14 days afte aquiing the Land o, if ate, afte signing this Ageement, appy to the Land Registy on Fom AN1 (inuding a opy of this Ageement) fo a notie of the Option (the "Option Notie") to be enteed in the egiste, taking any futhe steps equied to have the Option Notie egisteed and pompty onfiming to the Seetay of State when this has been done; b) if it has not egisteed the Option Notie, agees that the Seetay of State may appy to egiste it using Fom UN1; ) must not, without the Seetay of State's onsent, appy to disappy, modify o emove the Option Notie, whethe by itsef, a hoding ompany, a subsidiay ompany, o a eeive, administato o 17 Api 216 vs

19 i 1 iquidato ating in the name of the Aademy Tust, and d) must, in the ase of peviousy unegisteed and, within 14 days afte Popety Noties aquiing the Land o, if ate, afte signing this Ageement, appy to egiste a Cass C(iv) and hage in the Land Chages Registy, and send the Seetay of State a opy of the eevant enty within 7 days afte the egistation has been ompeted. If the Seetay of State onsides that the Aademy Tust has not ompied with this ause, he may appy to seue the egistation. 4.G If the Aademy Tust eeives a Popety Notie, it must: a) send a opy of it to the Seetay of State within 14 days, stating how the Aademy Tust intends to espond to it; b) pompty give the Seetay of State a the infomation he asks fo about it; ) aow the Seetay of State to take a neessay ation, with o instead of the Aademy Tust, to ompy with it, and d) use its best endeavous to hep the Seetay of State in onnetion with it. Beah of Lease 4.H If the Aademy Tust is, o if it is easonaby foeseeabe that it wi be, in mateia beah of the Lease, the Aademy Tust must immediatey give witten notie to the Seetay of State stating what the beah is and what ation the Aademy Tust has taken o poposes to take to emedy it, inuding timesaes whee appopiate. 4.1 Afte notifying the Seetay of State unde ause 4.H, the Aademy Tust must: Api 216 vs a) pompty give the Seetay of State a the infomation he asks fo about the beah; 18

20 L u L Q b) aow the Seetay of State to take a neessay ation, with o instead of the Aademy Tust, to emedy o pevent the beah, and ) use its best endeavous to hep the Seetay of State to emedy o pevent the beah. Shaing the Land 4.J Whee: a) the Seetay of State identifies basi o paenta need fo additiona paes in the aea in whih the Aademy is situated; and b) the Seetay of State then onsides that not a the Land is needed fo the opeation of the Aademy at panned apaity, the Seetay of State must onsut with the Aademy Tust to detemine whethe pat of the Land oud be demised o subet to anothe Aademy Tust, as the Seetay of State onsides appopiate, fo the pupose of that Aademy Tust estabishing and maintaining an eduationa institution on the Land. 4.K To the extent the Aademy Tust and the Seetay of State agee to pat of the Land being demised o subet in aodane with ause 4.J, the Aademy Tust must use its best endeavous to poue eithe the appova of the Landod o any neessay amendments to the Lease in ode to enabe it to shae oupation of the Land with the inoming Aademy Tust and to povide the inoming Aademy Tust with seuity of tenue ove the Land oupied by it, and sha ente into any ega aangements whih the Seetay of State equies fo this pupose. The Seetay of State sha meet the neessay and easonabe osts inued by the Aademy Tust in onnetion with this ause. 4.L Fo the puposes of ause 4.J: a) a basi need wi aise when the foeast demand fo pupi paes in the aea whee the Aademy is situated is geate than the existing 19 Api 216 vs

21 \ { C C apaity to povide them; b) a paenta need wi aise when the fe is atuay awae of an additiona demand fo pupi paes in the aea whee the Aademy is situated, foowing epesentations fom paents in that aea; and ) panned apaity has the meaning given in ause TERMINATION Temination by eithe paty 5.A Eithe paty may give at east seven Aademy Finania Yeas' notie to teminate this Ageement. Suh temination woud take effet on 31 August of the eevant yea. Temination Waning Notie 5.8 The Seetay of State may seve a Temination Waning Notie whee he onsides that: a) the Aademy Tust has beahed the povisions of this Ageement o the Maste Ageement; o b) the standads of pefomane of pupis at the Aademy ae unaeptaby ow; o ) thee has been a seious beakdown in the way the Aademy is managed o govened; o d) the safety of pupis o staff is theatened, inuding due to beakdown of disipine; o e) the Aademy is oasting povided he has notified the Aademy Tust that it is oasting. 5.C A Temination Waning Notie seved unde ause 5.8 wi speify: a) the ation the Aademy Tust must take; f Api216 vs 2

22 ' I o L L { i b) the date by whih the ation must be ompeted; and ) the date by whih the Aademy Tust must make any epesentations, o onfim that it agees to undetake the speified ation. 5. The Seetay of State wi onside any epesentations fom the Aademy Tust whih he eeives by the date speified in the Temination Waning Notie. The Seetay of State may amend the Temination Waning Notie to speify futhe ation whih the Aademy Tust must take, and the date by whih it must be ompeted. 5.E If the Seetay of State onsides that the Aademy Tust has not esponded to the Temination Waning Notie as speified unde ause 5.C(), o has not ompeted the ation equied in the Temination Waning Notie as speified unde auses 5.C(a) and (b) (and any futhe ation speified unde ause 5.) he may seve a Temination Notie. Temination by the Seetay of State afte inspetion 5.F If the Chief Inspeto gives notie to the Aademy Tust that: a) speia measues ae equied to be taken in eation to the Aademy; o b) the Aademy equies signifiant impovement the Seetay of State may seve a Temination Waning Notie, speifying the date by whih the Aademy Tust must make any epesentations. 5.G In deiding whethe to give notie of his intention to teminate unde ause S.F, the Seetay of State wi have due egad to the ovea pefomane of the Aademy Tust. 5.G.1 Not used. 5.H If the Seetay of State has seved a Temination Waning Notie unde ause 5.F and: a) has not eeived any epesentations fom the Aademy Tust by the Api 216 vs 21

23 f' n } ( t { date speified in the notie; o b) having onsideed the epesentations made by the Aademy Tust emains satisfied that this Ageement shoud be teminated; he may seve a Temination Notie. 5.1 Not used. Temination by the Seetay of State S.J If the Seetay of State has detemined that the Aademy wi be emoved fom the Registe of Independent Shoos and no appea against that detemination is pending, he may seve a Temination Notie. 5.K Not used. 5.L Not used. 5.M Not used. S.N Not used. 5. Not used Funding and admission duing notie peiod 5.P If the Seetay of State seves a Temination Notie unde ause 5.A, the Aademy Tust may ontinue duing the notie peiod to admit pupis to the Aademy, and to eeive GAG and EAG, in aodane with this Ageement. 5. If the Seetay of State seves a Temination Waning Notie o a Temination Notie othewise than unde ause S.A, the Aademy Tust may ontinue duing the notie peiod to admit pupis to the Aademy (uness the Seetay of State speifies othewise), and to eeive GAG and EAG, in aodane with this Ageement. Notie of intention to teminate by Aademy Tust S.R The Seetay of State wi, befoe the stat of eah Aademy Finania Yea, 22 Api 216 vs

24 \ { ' 5.S 5.T povide the Aademy Tust with a fina funding aoation indiating the eve of GAG and EAG to be povided in the next Aademy Finania Yea (the "Funding Aoation"). If the Aademy Tust is of the opinion that, afte eeipt of the Funding Aoation fo the next Aademy Finania Yea (the "Citia Yea'') and afte taking into aount a othe esoues ikey to be avaiabe to the Aademy, inuding othe funds that ae ikey to be avaiabe to the Aademy fom othe aademies opeated by the Aademy Tust ("A Othe Resoues"), it is ikey that the ost of unning the Aademy duing the Citia Yea woud ause the Aademy Tust to beome insovent (and fo this eason ony) then the Aademy Tust may give witten notie of its intention to teminate this Ageement on 31 August befoe the Citia Yea. Any notie given by the Aademy Tust unde ause 5.S must be povided to the Seetay of State within six weeks of the Seetay of State issuing the Funding Aoation. The notie given by the Aademy Tust unde ause 5.S must speify: a) the gounds upon whih the Aademy Tust's opinion is based, inuding: i. evidene of those gounds; L, ii. iii. any pofessiona aounting advie the Aademy Tust has eeived; a detaied statement of steps whih the Aademy Tust poposes to take to ensue that the unning osts of the Aademy ae edued suh that osts ae ess than the Funding Aoation and A Othe Resoues, and the peiod of time within whih suh steps wi be taken; and t Api 216 vs b) the shotfa in the Citia Yea between the Funding Aoation and A Othe Resoues expeted to be avaiabe to the Aademy Tust to un the Aademy and the pojeted expenditue on the Aademy; and 23

25 t { u ' ) a detaied budget of inome and expenditue fo the Aademy duing the Citia Yea (the "Pojeted Budget"). 5.U Both paties wi use thei best endeavous to agee whethe o not the ost of unning the Aademy duing the Citia Yea woud ause the Aademy Tust to beome insovent. Both paties eognise that they wi need to engage in a onstutive diaogue at the time about how best to povide eduation fo the pupis at the Aademy and use thei best endeavous to agee a patia soution to the pobem. 5.V If no ageement is eahed by 3 Api (o anothe date if ageed between the paties) as to whethe the ost of unning the Aademy duing the Citia Yea woud ause the Aademy Tust to beome insovent, then that question wi be efeed to an independent expet (the "Expet") fo esoution. The Expet's detemination wi be fina and binding on both paties. The Expet wi be equested to speify in his detemination the amount of the shotfa in funding (the "Shotfa"). 5.W The Expet wi be an insoveny patitione with signifiant pofessiona expeiene of eduationa institutions o aademies. If the paties fai to agee upon the appointment of the Expet then the Expet wi be appointed by the Pesident of the Institute of Chateed Aountants in Engand and Waes. The Expet's fees wi be bone equay between the paties. 5.X The Expet wi be equied in eahing his detemination to take aount of advie fom an eduationa speiaist who is pofessionay famiia with the issues aising fom the budget management of shoos. If the paties fai to agee upon the appointment of the eduationa speiaist then the eduationa speiaist wi be appointed by the Chaiman of the Speiaist Shoos and Aademies Tust (o any suesso o equivaent body). The eduationa speiaist's fees wi be bone equay between the paties. 5.Y If the Expet detemines that the ost of unning the Aademy duing the Citia Yea woud ause the Aademy Tust to beome insovent, and the Seetay of State wi not have ageed to povide suffiient additiona funding to ove the Shotfa, then the Aademy Tust wi be entited to teminate this 24 Api 216 vs

26 ' f L Ageement, by notie expiing on 31 August befoe the Citia Yea. Any suh notie wi be given within 21 days afte (a) the Expet's detemination wi have been given to the paties o (b), if ate, the Seetay of State wi have given witten notie of his efusa to povide suffiient additiona funding fo the Aademy to ove the Shotfa. Effet of temination 5.Z If this Ageement is teminated, the Aademy wi ease to be an Aademy within the meaning of setions 1 and 1 A of the Aademies At AA Subjet to auses 5.88 and 5.CC, if the Seetay of State teminates this Ageement unde ause 5.A, he wi indemnify the Aademy Tust. If the Seetay of State teminates this Ageement othewise than unde ause 5.A, he may at his disetion indemnify o ompensate the Aademy Tust The amount of any suh indemnity o ompensation wi be detemined by the Seetay of State, having egad to epesentations made to him by the Aademy Tust, and wi be paid as and when the Seetay of State onsides appopiate. 5.CC The ategoies of expenditue inued by the Aademy Tust in onsequene of temination, fo whih the Seetay of State may indemnify the Aademy Tust unde auses 5.AA, may inude: a) staff ompensation and edundany payments; b) ompensation payments in espet of boken ontats; ) expenses of disposing of assets o adapting them fo othe puposes; d) ega and othe pofessiona fees; and e) dissoution expenses. 5. If this Ageement is teminated, and the Aademy Tust owns apita assets whih have been paty o whoy funded by HM Govenment, the Aademy Tust must, as soon as possibe afte the temination date: ( Api 216 vs 25

27 \ (! ( f L a) tansfe a popotion of those apita assets, equa to the popotion of the oigina finania ontibution made by HM Govenment, to a nominee of the Seetay of State to use fo eduationa puposes; o b) if the Seetay of State diets that a tansfe unde ause 5.(a) is not equied, pay to the Seetay of State at the temination date (o, by ageement with the Seetay of State, at the date of thei subsequent disposa) a sum equivaent to the popotion of the oigina finania ontibution made by HM Govenment. 5.EE The Seetay of State may: a) Waive a o pat of the epayment due unde sub-ause 5.(b) if the Aademy Tust obtains his pemission to invest the sae poeeds fo its haitabe puposes; o b) diet the Aademy Tust to pay a o pat of the sae poeeds to the eevant LA. 6. OTHER CONTRACTUAL ARRANGEMENTS Annexes 6.A Any annexes to this Ageement fom pat of and ae inopoated into this Ageement. The Maste Ageement 6.8 Exept as expessy povided in this Ageement, a povisions of the Maste Genea Ageement have fu foe and effet. 6.C The Aademy Tust annot assign this Ageement. 6. Faiue to exeise, o a deay in exeising, any ight o emedy of the Seetay of State unde this Ageement (inuding the ight to teminate this Ageement), o a singe o patia exeise of suh a ight o emedy, is not a waive of, and does not pevent o estit any initia o futhe exeise of, that { Api216 vs 26

28 \ f o any othe ight o emedy. 6.E Temination of this Ageement wi not affet the aued ights, emedies, obigations o iabiities of the paties existing at temination. 6.F This Ageement may be exeuted in any numbe of ountepats, eah of whih when exeuted and deiveed sha onstitute a dupiate oigina, but a of whih wi togethe onstitute the same ageement. 6.G This Ageement and any dispute o aim aising out of o in onnetion with it o its subjet matte o fomation (inuding non-ontatua disputes o aims) sha be govened by and onstued in aodane with the aw of Engand and Waes, and submitted to the exusive juisdition of the outs of Engand and Waes. 6.H Not used. { f Api 216 vs 27

29 \ I L This Ageement was exeuted as a eed on..2. b C>::- 217 Exeuted on behaf of the Aademy Tust by: and ieto ieto o Company Seetay o Witness Addess: The Copoate Sea of THE SECRETARY OF STATE FOR EUCATION affixed to this deed is authentiated by: uy Authoised 28 Api 216 vs

30 \ ( t ANNEXES 7. PUPILS WITH SPECIAL EUCATION NEES (SEN) AN ISABILITIES "Statement of SEN" means a statement made unde setion 324 of the Eduation At "EHC pan" means an Eduation, Heath and Cae pan made unde setions 37(2) of the Chiden and Famiies At A Exept as set out in ause 8 beow, the Chiden and Famiies At 214 imposes duties diety on Aademies in espet of pupis with speia eduationa needs, inuding the admission of pupis with EHC pans. If an Aademy Tust onsides that a LA shoud not have named the Aademy in an EHC pan, it may ask the Seetay of State to detemine whethe the LA has ated uneasonaby, and to make an ode dieting the LA to eonside. The Seetay of State's detemination wi be fina, subjet to any ight of appea whih a paent of the hid may have to the Fist Tie Tibuna (Speia Eduationa Needs and isabiity) o the Uppe Tibuna Administative Appeas Chambe. 7.8 Not used 7.C Not used 7. Not used. 8. AMISSION OF PUPILS WITH SEN AN ISABILITIES 8.A The Aademy Tust must fo eah of its Aademies, subjet to its ight of appea to the Seetay of State, admit a pupis with a statement of SEN naming the Aademy. 8.8 Whee an LA poposes to name one of the Aademies in a statement of SEN, Api216 vs it must give the Aademy Tust witten notie of this, stating why it onsides that Aademy to be suitabe fo the pupi in question. Within 15 days of eeipt of the LA's notie, the Aademy Tust must onsent to being named, exept 29

31 L B.C B. B.E B.F whee admitting the hid woud be inompatibe with the povision of effiient eduation fo othe hiden, and no easonabe steps oud seue ompatibiity. In deiding whethe a hid's inusion woud be inompatibe with the effiient eduation of othe hiden o the effiient use of esoues, the Aademy Tust must have egad to the eevant Guidane issued to maintained shoos. If the Aademy Tust deides that admitting the hid woud be inompatibe with the povision of effiient eduation o the effiient use of esoues, it must, within the 15 days, notify the LA in witing, giving its easons fo its deision. The Aademy Tust must then seek to estabish fom the LA whethe o not it agees with this detemination. If the LA does not agee with the Aademy Tust's esponse, and names the Aademy in the hid's statement of SEN, the Aademy Tust must admit the hid to the shoo as speified in the statement o othewise by the LA. If in suh ase, the Aademy Tust onsides that the LA shoud not have named the Aademy in the statement, it may ask the Seetay of State to detemine whethe the LA has ated uneasonaby, and to make an ode dieting the LA to eonside. The Seetay of State's detemination wi be fina, subjet ony to any ight of appea whih a paent of the hid may have to the Fist-tie Tibuna (Speia Eduationa Needs and isabiity) o the Uppe Tibuna Administative Appeas Chambe. If a paent of a hid fo whom the LA maintains a statement appeas to the Fist-tie Tibuna (Speia Eduationa Needs and isabiity), eithe fo o against the naming of the Aademy in the hid's statement, then the Tibuna's deision wi be binding, even if it is diffeent fom that of the Seetay of State. 8.G Whee it has been finay detemined that the Aademy be named in a hid's statement of SEN, the Aademy Tust must admit the hid to the Aademy, notwithstanding any othe admissions equiements in this Ageement. Api 216 vs 3

32 \. L B.H Causes 8.A to 8.G ony appy insofa as the eevant povisions of the Chiden and Famiies At 214 eating to SEN and disabiity do not appy to Aademies and Fee Shoos. ( Api 216 vs 31

33 epatment fo Eduation Cown opyight 214 You may e-use this doument/pubiation (not inuding ogos) fee of hage in any fomat o medium, unde the tems of the Open Govenment Liene v2.. Whee we have identified any thid paty opyight infomation you wi need to obtain pemission fom the opyight hodes onened. To view this iene: Visit: emai: psi@ nationaahives.gsi.gov.uk We weome feedbak. If you woud ike to make any omments about this pubiation, pease emai AFSP.feedbak@eduation.gsi.gov.uk, quoting the tite of this doument. Speifi pojet queies shoud be sent to the aoated pojet ead/ead ontat. About this pubiation: enquiies uk/ontatus downoad Refeene: 'tj# Api 216 vs FE Foow us on eduationgovuk Like us on Faebook: faebook.om/eduationgovuk