F3Provision to be included in Academy agreements
2DF1Sections 2A and 2B: supplementary - old agreements
1
An old Academy agreement is to be treated as if it included the new termination powers.
2
A provision of an old Academy agreement that relates to the procedure for terminating the agreement does not apply to the new termination powers.
3
Subsections (4) and (5) apply where an old Academy agreement—
a
contains provision about the consequences of terminating the agreement (“relevant provision”), and
b
the relevant provision is expressed in a way that is capable of covering termination in accordance with the new termination powers.
4
The relevant provision applies to termination in accordance with the new termination powers.
5
If the relevant provision sets out different consequences depending on whether the agreement is terminated on the ground that the proprietor has breached the Agreement or on other grounds, termination in accordance with the new termination powers is to be treated as termination on the grounds of breach by the proprietor.
6
In this section—
“ new termination powers ”, in relation to an Academy agreement, means the powers to terminate in accordance with the provision required by sections 2A and 2B;
“ old Academy agreement ” means an Academy agreement made before F218 April 2016.
Cross-heading inserted (1.9.2018) by Children and Social Work Act 2017 (c. 16), ss. 6(2), 70(2); S.I. 2018/497, reg. 4(a)