Purpose

This report confirms the intention
of BROADBOTTOM CofE PRIMARY SCHOOL, to convert to an Academy and
seeks approval from the decision taker to a transfer and to enter
into a Commercial Transfer Agreement, which addresses how matters
such as staffing, and assets will be transferred to the new legal
entity. It also details the process which has been followed to
progress the conversion of the school and the implications for the
Council if this is approved.

Content

(i)                 
The
Director of Legal and Democratic Services authorised to enter into
the Commercial Transfer Agreement, which takes into account the
principle that risk and liability does not transfer back to the
Council and in respect of which the funds and reserves to manage
the risks/liabilities will transfer to the Academy and consequently
the Council should be in no worse position because of the
transfer.

(ii)              
The
Council does not offer to pool with the Academy, in respect of the
pension fund liabilities in the Greater Manchester Pension
Fund.

(iii)            
Delegation
of authority to the Strategic Director of Finance or their
nominated representative to execute any necessary Greater
Manchester Pension Fund for Transferee Admission Bodies
documentation.

(iv)            
The
conversion of Broadbottom CofE Primary School to take place on or
around 1 March 2026 or as soon as possible thereafter.

 

Reasons for the decision

To support Tameside schools to
convert to Academy status.

 

Alternative options considered

None Considered.