So, what is the legal process for a trust school to become an academy?
Firstly, an academy trust must be established as a new legal entity, registered with Companies House. This is done using the model Memorandum of Association and Articles of Association that the Department will provide. Your existing trust will need to agree who will act as members of the academy trust and governing body. Once established, the academy trust will then enter into a funding agreement with the Secretary of State – this is a legally binding commitment to run the academy. At the same time work should be undertaken on leases such that the freeholder of the land, possibly the existing trust, agrees to provide the academy trust with the use of land and buildings for 125 years. Once these steps are completed the academy is established as an independent body.
