Purpose

Bell Lane Primary School, a
Community School (the School) has been
approved by the Secretary of State for Education (SoS) to convert
to an Academy as part of a multi-academy trust (Saracens
Multi-Academy Trust). As part of the conversion process, the
Council is expected to grant a lease of the land and buildings used
by the School to the Saracens Multi-Academy Trust in terms of the
model long term Department for Education Academy Lease. Authority
for the Council to grant the Lease to the Saracens Multi-Academy
Trust will be sought and approved under a separate Cabinet Member
Delegated Decision.
 
The Council, the Governing Body
of the School, and the Saracens Multi-Academy Trust are also
required to execute a Commercial Transfer Agreement, which includes
information relating to;
(i)             
Any employees of the Council or the Governing Body
who are assigned to the school and who will transfer from the
employment of the Governing Body or the Local Authority to the
Saracens Multi-Academy Trust; and
(ii)            
Assets and contacts which will transfer from the
Local Authority or the Governing Body to the Saracens Multi-Academy
Trust, together with other rights and obligations of the Council,
the Governing Body, or the Saracens Multi-Academy
Trust. 
 
The conversion to Academy
status is sponsored and under the direction of the Department for
Education, who have the power to compel the Council to enter into a
Lease of the school to the academy trust and Commercial Transfer
agreement.
 
Para 20 of schedule 1
to the Academies Act 2010 disapplies the Council’s obligation
under section 123 of the Local Government Act 1972, to obtain best
consideration, where property is let for the purposes of an
academy.