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MODEl CHURCH SUPPLEMENTAL AGREEMENT (MULi l ACADEMY MODEL)

- -QUEEHSWA¥ llA'lHOI.<IG PRIMARY SI!:HOOt

CHURCH SUPPLEMENTAL AGREEMENT

THE DIOCESAN AUTHORITY AND THE TRUSTEES OF PL Y.MOUTH ROMAN CATHOUC DIOCESE

AND THE SECRETARY OF STATE FOR EDUCATION

Relating to Queens way Catholic Primary School, Torquay an Academy of Plymouth CAST

?- :'/ /"1 ... l 2014

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MODEL CHURCH SUPPLEMENT At. AGRE!EMENT (MUL Tl ACADEMY MODEL)

QUEENSW-Y CATMOUC PRIIoiARY SCHOOL, TOR QUAY

CHURCH SUPPlEMENTAL - GREEMENT

CONTVITS·

SECllON CLAUSE NO

INTRODUCTION 1- 7

LEGAL AGRE! MENT FOR USE OF LAND e II

PARTNERSHIP IN THE PROVISION OF EDUCATION 12 13

PROTECTION OF PUBUC INVESTU E.NT IN LAND ~~ . 17

C-PIT-L GR.-HTS 18 - 19

IIITtRVENTION AND SUPPORT 20 - 23

TERMINAnON 2• - 26

IIISCEU.AIIEOUS 27 · 30

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INTRODUCTION

MODEL CHURCH SUPPlEMENTAl AGREEMENT (MULTI ACADEMY MODEl)

1) This Agreement Is being enterl!<llnto in adtnowledgement of the consent hseby given

by the TnJ!ilees lo tha IXIn\lerolon of QueM5Way Catholic Primary School. lortfUsY to

an academy and the completion of a Supplemental Funding Agreemer.t (the

"Supplementol Funding Agreemenl") ~ch. With 1\4 Maste< F~nding Agreement (the

"Master Funding Agreemenq dated 30 May 2013 (together (the 'Funding Ag=ent')

are made under section 1 of the Academ10s Act 2010 ea£h bet\veen the Secretary of

State far Education ('IM Secretaty of State' ) an<;t Plymouth CAST" company Rmited by

guarantee registered at Companies House W!th company number 06438686 ("the

Company").

2) This Agreement Is made between the Secretary of State and Plymouth Roman Catholic

Of:ocesan Trustees-Reg1s1ered a trust corporation ai trustee ofPt)'mouth Oiocesa" Trust

registered with ttle Charity Commission With number 213227 of St Bon.irace House,

Ashburton, Newton Abba~ Devon. T013 7 JL ('the Trusiees') .

3) The Bishop al Plymouth of Bisho~•s House. 31 Wynanam S~eet West. PIYntoultl. Pl1

5Rl (the 'appropriate dloc:esan authority' for the Acadoll'f)l for the purpoS8S of the.

Education Act• (.midi shaU include the Acadamios Act 20 I 0)) fE also a pany to this

Agreement In r"""!lllitlon of I!$ role rn relaUon lo the A~demy ("the Olo"""'n Autl)ority")

4) The Company rs 'iltso a party to this Agreement and acknCM•Iedges the commitments

made by both the Secreloty of Stat a and the T njslees as vroll as Itself making certa<n

coll'}mitments,

5) In l!lis Agreement tfle following w=i• and expressions shall have lha fol;cwin!l

meanings:·

.. Articles of Assoctation• mean$ the Memorandum gnd Artrcles of Assoo;atian of tt)e

Company for the time being In fort;e;

•capitaJ Granr has the meantng given to it in clnuse 37 of the Master Funding

Agreement;

--ote· means Department for' Education and any succesSOfi

-olrectors• means the dlredor-~ of lhe Company appoint-ed pursuant to ttle Ar11ctes ol

As=:iallon;

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MODEL CHURCH SUPPLEMENTAL AGREEMENT (MULTI ACADEMY MODEL)

*Insured RisKs" means fire, liglltning. explosion, earthquake, storm, tempest, flood:1

subsidence, tandslip. Oeave. impact, terrorism, bursting or overflowing of water tanks

and pipes, damage by aircraft and other aeria.l devices or articles dropped there from1

riot and civil commotion, labour disttabanoe and malicious damage and such other

risks as the Company insures against from time to bme subject in all cases to any

exclusions or fimitations as may from time to time be imposed by the hlsurers or

undeJWriters;

•land• means the land (induding for the avoidance of doubt all buildings. structures

landstaping and ether erections) owned by the Trustees situated at and known as

Oueensway Pnmary School TO'I'quay, TQ2 608 and registered under trUe number

DN588616 from wh•cll tile AC<Idemy operates

6) The )nterpretatlofi Act 1978 shall ~pply for the lliterpretal<on of thos Agreement as~

apphes for ttle Interpretation of an Act o1 Parliament, and references to·

'party' meOh$ any party lo this Agr~ment.

'perSons' Includes a body of per$ons, corporate or Incorporate:

·~t>ol' snail ;<tllere tho con<. ext so admits be "'ferences to the Academy.

7) E;cpresS<OtlS deril1ed in this Agreement s.hall have the .arne rneanong whate used in ""Y

Annex to lht$ Agreement.

LEGAL AGREEMENT FOR USE OF LAND

B} In cans.lderati!)n or.

a) the Company undertaking to the Secretary of State to establish and maintain, and to

carry on or provide for th:e: carrying on of, an Independent school in Engtand to be

known as Queensway Catholic Primary School ("tha Academy~) and having such

charc:~cteristics as are referred to fn dauset 12 of the Master FIJnding Agreement and

in the ArucJes of Association: ~nd

b) the Secretary of State.

) agreeing to make payments to the Company In acoordance With tne oond•t•ornl 7 Aj:<II20t3112

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MODEL CHURCH SUPPLEMENTAL AGREEMENT (MlJL Tl ACADE.MV MODEL)

and requirements set out in the Funding Agreement. and

~ tJndertaking to the Trustees and Diocesan Authority QS- set out in this Agreement

ths Trustees Ulldertake to the Seae!aty of Stale to make llle Land available for use by

lhe Company In a manner consistent wl'th anv restnctions imposed on the Trustees at

law and pursuant to any trus1 deed govemfng the Trustees• ownership of the land -an.d

wilt\ the terms of this Agreement

9) TN" Agl!!eJllen\ shall commence on the date heraof and snail subject to ctau,e 10 (and

e.Xt::ll!pt In respect or dausa 16) continuet in Ioree tJntil the. earlier of:

a) the lermln!IIIDII of the Supplomental Fundi119 Agreement. and

b) the date upon whic:h any termination of this Agreement arise!S pursuant lo daus~ 24.

I 0) Tho tefrllmallon ol 1!1is Agreomenl hoW&~>ever arlsi!lg l$ Wlt~oul prejudice to tile riu~~.

duties and ltablllhes of any party hereto accrued prior to lerm!na!fon

11) Clause 16 of this Agreement ·~~II oan«nue to apply for"" long •~ the Secretary of State

has power to e:xemie-any diSCretion In retatlcm to the Land pursuant to Schedule 1 of

the Academies Ad 2010.

PARTNERSHIP IN THE PROVISION OF EDUOATIDI4

12) This Agreement recognises tl'le desire of the partie$ to roster the devcln_pment and

provlsl<m of hlgh quality educalion in particular at the Academy and 'in the area wrUCf'l il

serves and the panfes. acknowledge ttte commftmertt being made by each to this aim.

Recognising tile Trustees1 and the Diocesan Authortty's Mspective s:uategtc roles- irt (11e

prov~lon of education throtJgh its family of catholic scnoo!s both in relation to the

Academy and mere ge,.rally (Which role 1\llS bee~ ru:knawledgo<l In but Is not derived

from tll8 Educalion AC!S (as defined pursuant to 111e Educallon Act 1996)), the Secretary

ol State scl<nowiedges ll1e value ol ·

a) man1tam!ng a good work1ng relallon$hip between the parties at all levels, and

b) tne support (nnanCllil and otherwise) provided to llle Company by lite Trustees and

Diocesan Authority; and

(Alto comlder lhe U$e of his lntenleotlon powers •• set 0<rt In the fund1119 f\greemeot.lt 7 Aprii2CU3 Y2

MODEL CHURCH SUPPLEMENTAL AGREEMENT (MUL n ACADEMY MODEL)

requested to do so in writing by the Diocesan Authority in conseq~.~ence of (I)

unacceptable standards as· measured by the relevant -statutory denominationil1

inspection using altena eq~vatent to thos.e tllggenng the rigt!t to serve e;

TermrnaHon Waming Notice under the Funding Agreement. or (ii) a serloU$

bfeakdovro In t~e way the Ac:a~emy is managed or govemed sucll that the elhos

requirements of designat1on or as reflected !n the Fundtng Agreement are no longer

being comphed witt'!: alld

(B) lo maintam an open and frank dialogue with Trustees and Diocesan Authorrty so thai

any matters that ~n the reaaonable oplflion of tt)e partieS. may have ~ signlf1caot

effect on the running of the Academy as a Catflo!ic s-chool shiiU be discussed In an

ap~topnate manner recogmsmg each party's viewpoint.

13) Provided t~at whilst recognising the desire of the pa~.es to work together fn good rafth

and wllh rnutual resped, nothing in rhtt Agreement shall.

a) interfere Wlth the right of eaCh party to arrange ib affairs in whatever manner it

considers fit in order to pe-rform its obliga1101'1S und~ this Agreement in U'le manner in

whtch it cons«fers to be the mo$t dfec:ttve and effic.ent~

~) obli9e any party lo incut -any addit:onat cost or expense or t;Utf&r any undue lOS$ In

the proper performance of its obligations under thrs Agreement;

e) rene:r the d1scretion of either par1y to meet or fulfil il$ legaJ obflgations. including any

~tatutory obligations.

PROTECTION OF PUBLIC INVESTMENT tN LAND

14: Whilst the Academy operates from the land othe1wise than purstJant to a lease between

the TrusteeS-an::l the Company and in recognition of the funding provided by the-Secretary of

Srate to the- Company for the running costs of the Academy, induding, but not lfmiled to,

grant advanced for the purposes of enabling repairs, servicing, maintenance and arranging

for appropriate insurance of any buildings on the Land and its grow1:ds, provided that ttle

Company meets tne cost of such repairs, servicing. maintenance and insurance.

the Trustees will.

a) fadlll:a.te any rnatntenance, upke.ep 01 replacement or any buildings or faeiiJties on tf\e.

Land by lhe Q)mpany so that the Company may keep the Land clean and tidy and may

make good any damage ~ c;ausas to the Land and I or any deterioration to tt>e condaion 7 Ap<il20t 3 v2

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MODEL CHURett SUPPLEMENTAL AGREEMENT (MULTI ACADEMY MODEL)

ot tt>e t..nd con>eqUent Upon Its use of the •ame that may arise from the date of thl$

Agreement;

b) facilitate the following:

I) at the Company's expensl! the malnta.lntng of lnsurance nl the land by the Companv

In the joint names of lne CompanY and tl>e T ru•tees With • reputable m•uronre office

agaillSl loss or damage by lhe fmured Risks tn the sum the Company is advised

rept'e$ents the reinStatement value of the Land from time tea time:

li) t~e poyment of the premium• tot insurance by the Company promptly as theY

becoma doe and mai'ntaimng in force by the Company of the policies of insurance on Ole

Land:

iii) following the incidence of da.-nage to or destruction of lhe Land and st.lbject to receipt

'bf all necessary consents licences permissions and the- fike the application of the

proceeds of the policy of the insurance received for tnose purposes in the rebuilcring an:1

reinslating ot U>o Land by Jhe Company (prn•Jided lllat this dause should be satisfied If

the Company and/or tho Trustees provides. premises not necessarily identical to the Land

as- the s.ame exrStil"'!g prior to sucb damage ar destruction occurri.n_g) as soot\ as may be

rea!onably prad.JcabJe1

tv) the produdion by the Company to the Secretary al State of a copy or the Insurance

poaoy Yillenever reascnaDIY requested and the rete1pl lor ltJe last or olher evldeoce ot

renewal and up to dale detahs of the emount of cover (but no more often than once m any

perioi:l of 121Tionlh>ll'1 botn eases);

v) the Compony ln5<Jnng against llobil~y In respeel of propOity owner>' and thl<d pa~y

risks including occupiers U<tblhty;

c)' together witl'l the Company not kno\-A11gly do -snything Whereby any policy of illSuranoe

relating to the.laod rna)' tJecome void or voidabJe: and

1M Company w.lt·

d) keep the Land lnstned In the joint names of the Company and tt>e Trustees wHh a

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MODEL CHURCH SUPPLEMENTAL AGREEMENT (MUL ll ACADEMY MODEl)

reputable msurance offioe against loss or damage by the Insured Risks in tjle sum the

Company is advised represents ttle reinstatement value of ttle Land from time to t!me;

e) pay the prem1ums for lmiurance promptly as tt"!ey become due and maintc:un In force the

policies of Insurance on the land;

f) following the incidence of damage to or destruction of the land and subject to rece;pt of an neces.sary consents llcenees permiSsions artd the-like apply the proceeds of the poltcy of

the insurance recewed for those PU!llOSes in rebuilding and reinstatillg the Land

(proVIded that thtS cl<iiSSe snould be satisfied If the Company prov!<les premises not

necessilrily identical to the Land as the &ame existing prior to &uch damage or destruction

oec:uning) as soon as may be reasonably practicable;

g) pfoduoe to the Secretary cf State a IXIPY of tn& Insurance policy whenever reasonably

requested and the receipt for the last or other evidence of tenewat and up to date details

of tha amount of cover (bui no more often than once in any pe(iod of 12 mOf\ths in both

eases:

h) not knowingly do anything wtlereby arw policy of insurance relating to the Land may

become void or voidable:

;) insure. again,sJ liability in respect of propeny owners' and third paliy risks including

occupiers liability.

15) While the Academy operates trom the Land or pan of it pursuant to a lease between the

Trustees and the Company in so far as clause 14 regulates occupation the terms of the

lease shan prevaiL

16) In the-exercise of any distretion that the Secretary of State shatl have ertller in relation l o

tile Laocl as a consequence of thtS agreement ot pursuant to Schedute 1 of lhe

Academies Act 20t0, the Secretary of State agrees to comply with any gUidance issued

by him tn relatron to t~e disposal of publicly fynded land that is no longer to be used for

the Academy.

17) In relation to any land owned or leased by the Company (excluding ""Y land leased to

the Company by the Trustees, the Sea-etary of State agrees not to grve coosent to any

disposal or grant of securtty in respect of suctlland to ttle Company as envisaged in ttls

Supplemental Funding Agreement without first consulting the Trustees and the Oioces~n 1 1\1>ril2013 v2

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Authority and having_ due. regard to any concerm expressed bY the Trustees and the

Diocesan At..-thority.

CAPITAL GRANT$

16) The Truatees and toe Diocesan Authority scl<nowledges the Se<:reiary of State's power

to pay C.pital Gram lo t~e Company and ln recognition of the Trustees' and Hie

moces·an Authority's interest in any Gapilal Grant paid in relatio" to expenditure on Land,

the Secretary of State commifs to the following:

a) to ac)<naWiedglng 11\o Trustees' and th~ Diocesa~ A!rtho~IY'• rigl tt to co~sont tot~

carrying out of any works to Land which are to be p.aitj fct rrom any Ca(litaJ Grant:

b) to roa>gnise the Trustees' aM the Diocesan AtJtN>ri\y's ll!tfl!<'SI in onsuri~g !hat any

works to l.am:l ara carried out properly -and that the T l'$lr!'es Dio~an Au1hortl'y

mar be procuring or pravld!OQ WPPOrl to tile Company In lll4 proCll11!ment or SUCh

works,

19) To the el(lonttnal t~e Secretary ar S:ate consi<lers It necessary, In order 10 protect the

value of any fUture public tnvestment In the Land and in recognition of the Trustee~ and

the Diocesan Authority alloWing the lolld to be iJSed for· the purposes of Jlle Academy,

then the Secretary of State may require the Company and the Trustees and the

Diocesan Authority to enter Into a further agreement in relation to such further public

investment and Capital Granl If the Secretary of State determine·s such f~:.~rthar

agreement is required, then the parties agree to neg.otiate in qood faith with a view to

reaching agreement to enable such Capita\ Orard.. -and future public investment. to be

paid.

INTERVENTION AND SUPPORT

20) Tho Trustees and the Diocesan Authority acl<nowledge the Socretaty or Slates right to

terminate either tne Supptemc.ntaJ Funding Agreement Of the ~l$ter Fundln_g AgrMment

In the circumstances envisaged in tha fund£ng Agreement. Ttie Seaetary of St~te.

agrees with the T ru•t~e• and lh~ Diocesan AutMrl1y he.fore tak<ng any wch actJon end

In particular serving any Terminatfon Wamlng Notice lo notify the "Trustees -and the

Diocesan Allthority that he llltends to t;;ke ootion glvmg tois reasoos for such aotion and

to allow the Trustees and the Diocesan Authority -a reasonable opportumty tp make

representst~ons regarding such actlon, mchJding any attiOns that the Trustees and ~

Diocesan Authority intend to take to remedy any failing of the AC3demy, Which the

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MODEL CHURCH SUPPLEMENTAL AGREEMENT (MUL Tl ACADEMY MODEL)

Secretary of State v.'ill have- due re·gard to before finally taking any action.

21) Not used.

2.2) In the spirit of partnership, where the Trustees and/or the Diocesan Authority puts

forward a school improvement plan, 'Mle:tler or not in the circumstances envisaged In clause 20, the Secretary of state will consider any proposals within it and in good faith

will consider any resource or funding implications. w;thout. for the avoidance of doubt.

being under any obligatiOn pursuant to th~s Agreement to agree to fund such proposals.

23) The Secretary of State agrees to meet the costs of any relevant statutory denomina1ional

inspection proposed by the Trustees and/or Ofocesan Authority provided these do not

occur any more often than once every three years.

TERMINATION

24) The Trustees may give not less t~an IWo years wrl«en ootice lo 1t1e Compaoy and the

Secretary of State to terminate this Agreement.

25) In ille event of any tennlnation of eit~er tt>e Supplemental Funding Agreemel\t or t~e

Master Funding Agreement in circumstances where the Academy would not otherw:se

be closing, the Secretary of State Will have due regard to any WIShes of the Tr\lstees

and/or the Diocesan Authority with regard to the future of the $diooj as a "voluntary•

mainta1ned school for ille purposes of Ule St11ool Standards & Fr.,eworl\ Act 1998,

26) Notwithstanding any temnnabon or expiry of ltns Agreement the provisions of c:Jause 25

shall continue to apply,

MISCELLANEOUS

271 Any notice or other commun>oatlon concerning t~ls Agreemel\t •hall be •ent. In the cass

of a notfce or communleat!on

a) Diocesan A<Jt~onty at Bishop'$ liou•e. 31 W)'l1dham Street West. Plymouth. Devon.

PU5RZ

b) Tru•tees at ij• registered office or ouch other addressoeladdress as may be noti~ed in wribng from bme to time by the Trustees alldlor the OloCle$an Authonty

or such other addressee/address: as may be notlfied In writing from time to bme by the

Trustees and/or the Diocesan Authonty

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and, in the case of a notice or commUflieation from the Trustees and/or Orocesan

Authcrrty to the Secrt~tary of State to Head of Academies Ofvlsfon, Departmont for

Ed~aho~. Sancwary BuDdings, Groat Smith Stroot, london SW1P 3BT• or such other

addre$S as may be notified from time to time by the Secretary or State and where any

ouch notice or communication is sent ~y pos~ unless th• convary js pr011od, II shall be

deemed, out>ject to salislactory prool or p<>sliT>J, to be effected at the time at whieh Ill<!

letter YiotJid be ~ived In th• ordinary co~~tse of potl.

28) No term of this Agreement I• Intended to g tve any en~llementas agaln>t any parfy 10 any

person wllo is not a party to this Agreel"(lent and no term of thl• Agreement ""'Y be enfon:ed by any peroon other than a party under the Conhcts (Righ~ of Third Partleo)

Act 1999,

29) Tho obligationS" of the parties are severiil· ~nd fOf the avOidance of doubt nofle of the

Compony, TNStees or Diocesan AttJlonty slloll be deemed to be liable in re>pe<:t of the

acts- or omissions of the other as between these parties and the Secretary of State.

30) For the avoidance of doubt nothing in this Agreement is intended to vary or -amend any

provlt1on cf the Funding Agreement or any obngatian arising under H.

Tllis Agreement was ex~cuted as • Deed on 1 1 /'1 2014

E>ecuted on bollolf of Plymouth CAST by:

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MODEL CHURCH SUPPLEMENTAL AGREEMENT (MUL Tl ACADEMY MODEL)

half of the Trustees by and ) two of their num horlty

Conferred pursuant to sedion 333 of the Charities Act 2011

Authorioed Signatory

Executed on behalf of the Bishop of the Catholic Diocese of Plymouth:.

The Corporate Seal of lhe Secretary of State for Education, hereunto affixed is authenticated by:

Duty Authorioed

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