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Decision details
Bristol Schools Private Finance Initiative (PFI) Phase 1A Contract: Deed of Variation (Multi Deed) for school transfers to academy trusts
Decision Maker: Executive Director: Children & Education (DCS)
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
Under the Vires of the contract approved by
Cabinet Decision on 9th March 2004 which identifies the Director of
Finance (Chief Financial Officer) as the duly authorised officer of
the Authority empowered to execute, deliver and issue certificates
pursuant to the Local governments (Contracts) Act 1997.
Both Bedminster Down and Henbury schools are transferring from a
single academy trust to Multi-Academy Trusts:
?- Bedminster Down to Wellsway (actual transfer date 1 Dec. 2018);
and
? - Henbury to the Greenshaw Learning Trust (proposed transfer date
1st September 2019.
The Deed of Variation agreed with the PFI contractor is a
‘Multi Deed’ which sets up an agreement with the PFI
contractor that future academy transfers can be done as a matter of
correspondence under this Deed of Variation and therefore reducing
any legal fees to a minimum. To accommodate this transfer a deed of
variation is required to the PFI Project Agreement; this is a
simple change of address for the academy and is mainly required for
the PFI Project Agreement to ensure that the school is covered
under the contract insurance and is identified contractually as an
Authority Related Party.
Similarly the addresses in School Agreements between the Council
and the Schools are to be updated; the School Agreement passes down
various responsibilities under the Project Agreement from the
Council to the schools.
Decision:
To put in place a Multi-Transfer Deed of
Variation for the Bristol Schools PFI Phase 1A contract to allow
the transfer of Bedminster Down and Henbury schools to transfer
from single academy status to multi-academy trusts.
The Deed of Variation is required to ensure that the Academies are
recorded as Authority Representatives under the Project Agreement
which brings the Academies under the obligations of the PFI
contract which will be in place until 2031 and ensures that any
future academy transfer under this contract can be done as a matter
of correspondence under this Deed of Variation and therefore
reducing any future legal fees to a minimum.
Alternative options considered:
None
Publication date: 22/08/2019
Date of decision: 22/07/2019