Common use of LAND CLAUSES Clause in Contracts

LAND CLAUSES. For the majority of Studio Schools, variations of all or some of the following clauses will need to be inserted. The clauses below are based on the school land being leasehold land. Some of the clauses will be removed / amended if the land is held as freehold land. Clauses 10A, 10G, 10J to 10L, 10N and 10O will be inserted if the Secretary of State assists the Company to acquire the freehold of the school site or a premium is paid by the Secretary of State to acquire leasehold premises for the school. These clauses provide the Secretary of State with protection for the public monies invested in the site. Clause 10M will generally be inserted in such situations where clause 10H is also included (see below). Where 10H is not included, clause 10M will be removed and a minor amendment will be made to clause 10K to remove reference to the use of the option under clause 10E. Clause 10B will generally be inserted in all Funding Agreements. The choice of restriction will depend upon whether a legal charge is being taken over the school site, as well as whether the Company is a non-exempt or exempt charity at the time the school site is being acquired. An additional sub-clause will apply where the land will be subject to a legal charge, but is acquired prior to the Company becoming an exempt charity. Clauses 10C and 10D will be amended should the land in question be freehold land. Clauses 10E and 10F will be inserted into the majority of Funding Agreements; this enables the Secretary of State to continue to use the school site for another Free School or Academy should the Funding Agreement be terminated in order to protect the public investment in the land. Minor amendments may be made to these clauses to reflect the way that the land is held. Clause 10H will be inserted where there are possible conditions that may prevent the land being used as the permanent site of the Studio School – for example if it is deemed to be unsuitable prior to the opening of the Studio School (or where a temporary site is used in the first years of the Studio School before the Studio School moves to the permanent site). This enables the SoS to recover the land for use by another Free School or Academy, or to require the Company to sell the land in order to fund the purchase of an alternative site and to return any public monies not used to purchase the alternative site. Clause 10I will generally be inserted in all Funding Agreements, but will be subject to amendment where no Legal Charge is in place. Drafting included in square brackets may be optional or allow for a choice of drafting dependent upon the particular land arrangements. Further clauses (and potentially additional definitions) may also need to be inserted into the Funding Agreement specific to your Studio School dependent upon the specific land arrangements for the school site to further provide protection for the investment of public monies in the site. These may include further clauses to enable the Secretary of State to rectify any breaches of the terms of the lease, to intervene in the Company in order to secure a permanent site for your Studio School or to terminate the Funding Agreement if it is not possible to secure a permanent site for your Studio School. Companies should be aware that any disposal of land acquired with the assistance of the Secretary of State will require the consent of the Secretary of State, who will wish to ensure that the public funds will continue to be used for the purposes of the Studio School. The following definitions should be inserted at clause 1 should a legal charge be taken over the school property:

LAND CLAUSES. For the majority of Studio alternative provision Free Schools, variations of all or some of the following clauses will need to be inserted. The clauses below are based on the school land being leasehold land. Some of the clauses will be removed / amended if the land is held as freehold land. Clauses 10A, 10G, 10J to 10L, 10N and 10O will be inserted if the Secretary of State assists the Company to acquire the freehold of the school site or a premium is paid by the Secretary of State to acquire leasehold premises for the school. These clauses provide the Secretary of State with protection for the public monies invested in the site. Clause 10M will generally be inserted in such situations where clause 10H is also included (see below). Where 10H is not included, clause 10M will be removed and a minor amendment will be made to clause 10K to remove reference to the use of the option under clause 10E. Clause 10B will generally be inserted in all Funding Agreements. The choice of restriction will depend upon whether a legal charge is being taken over the school site, as well as whether the Company is a non-exempt or exempt charity at the time the school site is being acquired. An additional sub-clause will apply where the land will be subject to a legal charge, but is acquired prior to the Company becoming an exempt charity. Clauses 10C and 10D will be amended should the land in question be freehold land. Clauses 10E and 10F will be inserted into the majority of Funding Agreements; this enables the Secretary of State to continue to use the school site for another Free School or Academy should the Funding Agreement be terminated in order to protect the public investment in the land. Minor amendments may be made to these clauses to reflect the way that the land is held. Clause 10H will be inserted where there are possible conditions that may prevent the land being used as the permanent site of the Studio alternative provision Free School – for example if it is deemed to be unsuitable prior to the opening of the Studio alternative provision Free School (or where a temporary site is used in the first years of the Studio alternative provision Free School before the Studio alternative provision Free School moves to the permanent site). This enables the SoS to recover the land for use by another Free School or Academy, or to require the Company to sell the land in order to fund the purchase of an alternative site and to return any public monies not used to purchase the alternative site. Clause 10I will generally be inserted in all Funding Agreements, but will be subject to amendment where no Legal Charge is in place. Drafting included in square brackets may be optional or allow for a choice of drafting dependent upon the particular land arrangements. Further clauses (and potentially additional definitions) may also need to be inserted into the Funding Agreement specific to your Studio alternative provision Free School dependent upon the specific land arrangements for the school site to further provide protection for the investment of public monies in the site. These may include further clauses to enable the Secretary of State to rectify any breaches of the terms of the lease, to intervene in the Company in order to secure a permanent site for your Studio alternative provision Free School or to terminate the Funding Agreement if it is not possible to secure a permanent site for your Studio alternative provision Free School. Companies should be aware that any disposal of land acquired with the assistance of the Secretary of State will require the consent of the Secretary of State, who will wish to ensure that the public funds will continue to be used for the purposes of the Studio alternative provision Free School. The following definitions should be inserted at clause 1 should a legal charge be taken over the school property:

LAND CLAUSES. For the majority of Studio Schools, variations of all or some of the following clauses will need to be inserted. The clauses below are based on the school land being leasehold landland with changes needed if on a peppercorn rent basis. Some of the clauses will be removed / amended if the land is held as freehold land. Clauses 10A108A, 10108G, 10J 108J to 10L108L, 10N 108N and 10O 108O will be inserted if the Secretary of State assists the Company Academy Trust to acquire the freehold of the school site or a premium is paid by the Secretary of State to acquire leasehold premises for the school. These clauses provide the Secretary of State with protection for the public monies invested in the site. Clause 10108M will generally be inserted in such situations where clause 10H 108H is also included (see below). Where 10H 108H is not included, clause 10108M will be removed and a minor amendment will be made to clause 10108K to remove reference to the use of the option under clause 10E. 108E. Clause 10B 108B will generally be inserted in all Funding Agreements. The choice of restriction will depend upon whether a legal charge is being taken over the school site, as well as whether the Company Academy Trust is a non-exempt or exempt charity at the time the school site is being acquired. An additional sub-clause will apply where the land will be subject to a legal charge, but is acquired prior to the Company Academy Trust becoming an exempt charity. Clauses 10C 108C and 10D 108D will be amended should the land in question be freehold land. Clauses 10E 108E and 10F 108F will be inserted into the majority of Funding Agreements; this enables the Secretary of State to continue to use the school site for another Free School or Academy should the Funding Agreement be terminated in order to protect the public investment in the land. Minor amendments may be made to these clauses to reflect the way that the land is held. Clause 10H 108H will be inserted where there are possible conditions that may prevent the land being used as the permanent site of the Studio School – for example if it is deemed to be unsuitable prior to the opening of the Studio School (or where a temporary site is used in the first years of the Studio School before the Studio School moves to the permanent site). This enables the SoS Secretary of State to recover the land for use by another Free School or Academy, or to require the Company Academy Trust to sell the land in order to fund the purchase of an alternative site and to return any public monies not used to purchase the alternative site. Clause 10I 108I will generally be inserted in all Funding Agreements, but will be subject to amendment where no Legal Charge is in place. Drafting included in square brackets may be optional or allow for a choice of drafting dependent upon the particular land arrangements. Further clauses (and potentially additional definitions) may also need to be inserted into the Funding Agreement specific to your Studio Free School dependent upon the specific land arrangements for the school site to further provide protection for the investment of public monies in the site. These may include further clauses to enable the Secretary of State to rectify any breaches of the terms of the lease, to intervene in the Company Academy Trust in order to secure a permanent site for your Studio Free School or to terminate the Funding Agreement if it is not possible to secure a permanent site for your Studio Free School. Companies Academy Trusts should be aware that any disposal of land acquired with the assistance of the Secretary of State will require the consent of the Secretary of State, who will wish to ensure that the public funds will continue to be used for the purposes of the Studio Free School. The following definitions should be inserted at clause 1 4 should a legal charge be taken over the school property:

LAND CLAUSES. For the majority of Studio Free Schools, variations of all or some of the following clauses will need to be inserted. The clauses below are based on the school land being leasehold land. Some of the clauses will be removed / amended if the land is held as freehold land. Clauses 10A108A, 10108G, 10J 108J to 10L108L, 10N 108N and 10O 108O will be inserted if the Secretary of State assists the Company Academy Trust to acquire the freehold of the school site or a premium is paid by the Secretary of State to acquire leasehold premises for the school. These clauses provide the Secretary of State with protection for the public monies invested in the site. Clause 10108M will generally be inserted in such situations where clause 10H 108H is also included (see below). Where 10H 108H is not included, clause 10108M will be removed and a minor amendment will be made to clause 10108K to remove reference to the use of the option under clause 10E. 108E. Clause 10B 108B will generally be inserted in all Funding Agreements. The choice of restriction will depend upon whether a legal charge is being taken over the school site, as well as whether the Company Academy Trust is a non-exempt or exempt charity at the time the school site is being acquired. An additional sub-clause will apply where the land will be subject to a legal charge, but is acquired prior to the Company Academy Trust becoming an exempt charity. Clauses 10C 108C and 10D 108D will be amended should the land in question be freehold land. Clauses 10E 108E and 10F 108F will be inserted into the majority of Funding Agreements; this enables the Secretary of State to continue to use the school site for another Free School or Academy should the Funding Agreement be terminated in order to protect the public investment in the land. Minor amendments may be made to these clauses to reflect the way that the land is held. Clause 10H 108H will be inserted where there are possible conditions that may prevent the land being used as the permanent site of the Studio Free School – for example if it is deemed to be unsuitable prior to the opening of the Studio Free School (or where a temporary site is used in the first years of the Studio Free School before the Studio Free School moves to the permanent site). This enables the SoS Secretary of State to recover the land for use by another Free School or Academy, or to require the Company Academy Trust to sell the land in order to fund the purchase of an alternative site and to return any public monies not used to purchase the alternative site. Clause 10I 108I will generally be inserted in all Funding Agreements, but will be subject to amendment where no Legal Charge is in place. Drafting included in square brackets may be optional or allow for a choice of drafting dependent upon the particular land arrangements. Further clauses (and potentially additional definitions) may also need to be inserted into the Funding Agreement specific to your Studio Free School dependent upon the specific land arrangements for the school site to further provide protection for the investment of public monies in the site. These may include further clauses to enable the Secretary of State to rectify any breaches of the terms of the lease, to intervene in the Company Academy Trust in order to secure a permanent site for your Studio Free School or to terminate the Funding Agreement if it is not possible to secure a permanent site for your Studio Free School. Companies Academy Trusts should be aware that any disposal of land acquired with the assistance of the Secretary of State will require the consent of the Secretary of State, who will wish to ensure that the public funds will continue to be used for the purposes of the Studio Free School. The following definitions should be inserted at clause 1 4 should a legal charge be taken over the school property:

LAND CLAUSES. For the majority of Studio SchoolsUTCs, variations of all or some of the following clauses will need to be inserted. The clauses below are based on the school land being leasehold landland with changes needed if on a peppercorn rent basis. Some of the clauses will be removed / amended if the land is held as freehold land. Clauses 10A108A, 10108G, 10J 108J to 10L108L, 10N 108N and 10O 108O will be inserted if the Secretary of State assists the Company Academy Trust to acquire the freehold of the school site or a premium is paid by the Secretary of State to acquire leasehold premises for the school. These clauses provide the Secretary of State with protection for the public monies invested in the site. Clause 10108M will generally be inserted in such situations where clause 10H 108H is also included (see below). Where 10H 108H is not included, clause 10108M will be removed and a minor amendment will be made to clause 10108K to remove reference to the use of the option under clause 10E. 108E. Clause 10B 108B will generally be inserted in all Funding Agreements. The choice of restriction will depend upon whether a legal charge is being taken over the school site, as well as whether the Company Academy Trust is a non-exempt or exempt charity at the time the school site is being acquired. An additional sub-clause will apply where the land will be subject to a legal charge, but is acquired prior to the Company Academy Trust becoming an exempt charity. Clauses 10C 108C and 10D 108D will be amended should the land in question be freehold land. Clauses 10E 108E and 10F 108F will be inserted into the majority of Funding Agreements; this enables the Secretary of State to continue to use the school site for another Free School or Academy should the Funding Agreement be terminated in order to protect the public investment in the land. Minor amendments may be made to these clauses to reflect the way that the land is held. Clause 10H 108H will be inserted where there are possible conditions that may prevent the land being used as the permanent site of the Studio School UTC– for example if it is deemed to be unsuitable prior to the opening of the Studio School UTC (or where a temporary site is used in the first years of the Studio School UTC before the Studio School UTC moves to the permanent site). This enables the SoS Secretary of State to recover the land for use by another Free School or Academy, or to require the Company Academy Trust to sell the land in order to fund the purchase of an alternative site and to return any public monies not used to purchase the alternative site. Clause 10I 108I will generally be inserted in all Funding Agreements, but will be subject to amendment where no Legal Charge is in place. Drafting included in square brackets may be optional or allow for a choice of drafting dependent upon the particular land arrangements. Further clauses (and potentially additional definitions) may also need to be inserted into the Funding Agreement specific to your Studio School UTC dependent upon the specific land arrangements for the school site to further provide protection for the investment of public monies in the site. These may include further clauses to enable the Secretary of State to rectify any breaches of the terms of the lease, to intervene in the Company Academy Trust in order to secure a permanent site for your Studio School UTC or to terminate the Funding Agreement if it is not possible to secure a permanent site for your Studio SchoolyourUTC. Companies Academy Trusts should be aware that any disposal of land acquired with the assistance of the Secretary of State will require the consent of the Secretary of State, who will wish to ensure that the public funds will continue to be used for the purposes of the Studio SchooltheUTC. The following definitions should be inserted at clause 1 4 should a legal charge be taken over the school property:

LAND CLAUSES. For the majority of Studio Free Schools, variations of all or some of the following clauses will need to be inserted. The clauses below are based on the school land being leasehold land. Alternative clauses are available for freehold land. Some of the clauses will be removed / amended if the land is held as freehold land. Clauses 10A108A, 10108G, 10J 108J to 10L, 10N 108L and 10O 108N will be inserted if the Secretary of State assists the Company Academy Trust to acquire the freehold of the school site or a premium is paid by the Secretary of State to acquire leasehold premises for the school. These clauses provide the Secretary of State with protection for the public monies invested in the site. Clause 10108M will generally be inserted in such situations where clause 10H 108H is also included (see below). Where 10H 108H is not included, clause 10108M will be removed and a minor amendment will be made to clause 10108K to remove reference to the use of the option under clause 10E. 108E. Clause 10B 108B will generally be inserted in all Funding Agreements. The choice of restriction will depend upon whether a legal charge is being taken over the school site, as well as whether the Company is a non-exempt or exempt charity at the time the school site is being acquired. An additional sub-clause will apply where the land will be subject to a legal charge, but is acquired prior to the Company becoming an exempt charity. Clauses 10C 108C and 10D 108D will be amended should the land in question be freehold land. Clauses 10E 108E and 10F 108F will be inserted into the majority of Funding Agreements; this enables the Secretary of State to continue to use the school site for another Free School or Academy should the Funding Agreement be terminated in order to protect the public investment in the land. Minor amendments may be made to these clauses to reflect the way that the land is held. Clause 10H 108H will be inserted where there are possible conditions that may prevent the land being used as the permanent site of the Studio Free School – for example if it is deemed to be unsuitable prior to the opening of the Studio Free School (or where a temporary site is used in the first years of the Studio Free School before the Studio Free School moves to the permanent site). This enables the SoS to recover the land for use by another Free School or Academy, or to require the Company Academy Trust to sell the land in order to fund the purchase of an alternative site and to return any public monies not used to purchase the alternative site. Clause 10I 108I will generally be inserted in all Funding Agreements, but will be subject to amendment where no Legal Charge is in place. Drafting included in square brackets may be optional or allow for a choice of drafting dependent upon the particular land arrangements. Further clauses (and potentially additional definitions) may also need to be inserted into the Funding Agreement specific to your Studio Free School dependent upon the specific land arrangements for the school site to further provide protection for the investment of public monies in the site. These may include further clauses to enable the Secretary of State to rectify any breaches of the terms of the lease, to intervene in the Company Academy Trust in order to secure a permanent site for your Studio Free School or to terminate the Funding Agreement if it is not possible to secure a permanent site for your Studio Free School. Companies Academy Trusts should be aware that any disposal of land acquired with the assistance of the Secretary of State will require the consent of the Secretary of State, who will wish to ensure that the public funds will continue to be used for the purposes of the Studio Free School. Your policy lead will be able to provide you with guidance as to whether these clauses are applicable and what further clauses might be required. The following definitions should be inserted at clause 1 should a legal charge be taken over the school property4:

LAND CLAUSES. For the majority of Studio 16 to 19 Free Schools, variations of all or some of the following clauses will need to be inserted. The clauses below are based on the school 16 to 19 Free School land being leasehold land. Some of the clauses will be removed / amended if the land is held as freehold land. Clauses 10A, 10G, 10J to 10L, 10N and 10O will be inserted if the Secretary of State assists the Company to acquire the freehold of the school 16 to 19 Free School site or a premium is paid by the Secretary of State to acquire leasehold premises for the school. These clauses provide the Secretary of State with protection for the public monies invested in the site. Clause 10M will generally be inserted in such situations where clause 10H is also included (see below). Where 10H is not included, clause 10M will be removed and a minor amendment will be made to clause 10K to remove reference to the use of the option under clause 10E. Clause 10B will generally be inserted in all Funding Agreements. The choice of restriction will depend upon whether a legal charge is being taken over the school site, as well as whether the Company is a non-exempt or exempt charity at the time the school site 16 to 19 Free School is being acquired. An additional sub-clause will apply where the land will be subject to a legal charge, but is acquired prior to the Company becoming an exempt charity. Clauses 10C and 10D will be amended should the land in question be freehold land. Clauses 10E and 10F will be inserted into the majority of Funding Agreements; this enables the Secretary of State to continue to use the school 16 to 19 Free School site for another Free School or Academy should the Funding Agreement be terminated in order to protect the public investment in the land. Minor amendments may be made to these clauses to reflect the way that the land is held. Clause 10H will be inserted where there are possible conditions that may prevent the land being used as the permanent site of the Studio 16 to 19 Free School – for example if it is deemed to be unsuitable prior to the opening of the Studio 16 to 19 Free School (or where a temporary site is used in the first years of the Studio 16 to 19 Free School before the Studio 16 to 19 Free School moves to the permanent site). This enables the SoS to recover the land for use by another Free School or Academy, or to require the Company to sell the land in order to fund the purchase of an alternative site and to return any public monies not used to purchase the alternative site. Clause 10I will generally be inserted in all Funding Agreements, but will be subject to amendment where no Legal Charge is in place. Drafting included in square brackets may be optional or allow for a choice of drafting dependent upon the particular land arrangements. Further clauses (and potentially additional definitions) may also need to be inserted into the Funding Agreement specific to your Studio 16 to 19 Free School dependent upon the specific land arrangements for the school site to further provide protection for the investment of public monies in the site. These may include further clauses to enable the Secretary of State to rectify any breaches of the terms of the lease, to intervene in the Company in order to secure a permanent site for your Studio 16 to 19 Free School or to terminate the Funding Agreement if it is not possible to secure a permanent site for your Studio 16 to 19 Free School. Companies should be aware that any disposal of land acquired with the assistance of the Secretary of State will require the consent of the Secretary of State, who will wish to ensure that the public funds will continue to be used for the purposes of the Studio 16 to 19 Free School. The following definitions should be inserted at clause 1 should a legal charge be taken over the school property: