Clause 8 update of the Church of England Academies: supplemental agreement and Catholic Academies: supplemental agreement. In addition, clause 23F of the Church of England Academies: supplemental agreement has been updated. During the transformation, the Academy must formalize its occupation of the school grounds so that it can manage the school after the renovation. With regard to land held by the diocese in ecclesiastical schools, the country owned by the diocese is made available to an Academy using a supplementary agreement of the Church (CSA). The CSA sets the conditions under which the Academy may occupy the school grounds. It also aims to protect the religious denomination of the Academy and aims to ensure that land regulations continue to subsist after the transformation “as planned”. There are 3 main draft model statutes that have been agreed with the Catholic Education Service and the National Society for the Church of England for use by ecclesiastical schools that want to become an academy. In general, in an ecclesiastical school, the country where the primary school buildings are located belongs to the diocese. When there is land, that country is often owned by the local authority. However, there is an exception to any rule and the land ownership of a piece of land as a whole must be checked as soon as possible during a change of academy to determine if the standard position applies. “Church of England and Catholic single academy model supplemental agreement” and “Church of England and Catholic multi-academy model model agreement” were deleted.
The Church of England academies: supplemental agreement and Catholic academies: supplemental agreement were added. For each country owned by the local authority, this is usually made available to the Academy under a 125-year lease. The Department of Education (DfE) has a standard lease agreement used for academy conversions. The main difference between the CSA and a lease is that no participation in the school grounds is granted to the Academy under the CSA, which can be registered in the cadastre. The CSA acts only to allow the occupation of the school by the Academy, effectively under license. The diocese retains ownership and control of the school grounds. Conversely, a lease from the Academy grants exclusive ownership of the land and, therefore, the Academy has an interest in that part of the land that can be registered with the cadastre. The CSA is a document that balances the occupation of the Academy and the protection of the property of the diocese and the religious name of the Academy. Academies should be aware that the terms of the CSA are no less important than any lease and that their effects should be carefully weighed. When occupying under a CSA, interviews should take place with the diocese so that the diocese knows if there are plans to choose the RPA, facilitate subletting, or carry out work at an early stage.
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