5. In such a case, the third paragraph, paragraph (c), has no effect on the transfer of a control agreement if, at the time of its taking office, the governing body considered that the express provision would be more favourable to the interests of the school than the term that would otherwise be contained under this paragraph. 2(1. Subject to the provisions of paragraph 2, the governing body of a specialized community or community school may enter into a delegation agreement with an institution or person, where its purpose or objective is to encourage the collective use of all or part of the school premises. E-W (a) that the governing body communicate to the supervisory body all instructions given to the governing body in accordance with paragraph 1, paragraph 3; “transfer of the control agreement,” an agreement that provides (subject to paragraph 3) the use of as large a portion of school premises as the agreement may be indicated, under the control of the organization or person who can be declared at periods that can be defined under the control of the agency or person;] (4) The fifth paragraph applies where the delegation agreement expressly provides that the use of school premises subject to the agreement is occasionally under the control of the governing body and the supervisory body in these circumstances, at such times or for the purposes provided for by the agreement. (i) the use of the premises mentioned at that time must be under the control of the governing body and, although the agreement has been called a “delegation agreement”, it has been – somewhat unusual – for a period of just over ten years and could not be terminated until after the services of the one-year written communication (which was granted). (ii) which, since then, may be used by the school or in conjunction with the school for these purposes for the purposes of the contract notice, the “control body” the entity or person (except the governing body) which controls the use of all or part of the school buildings as part of the delegation agreement concerned; b) that the supervisory body in the exercise of monitoring the use of premises subject to the agreement — In order to circumvent any problems that might arise from it, the governing body of a maintenance school has the legal right to control the occupation and use of the school land, regardless of the owner. In addition, an governing body is able to transfer legal control from a TOCA to a third party. 6.
When the governing body enters into a delegation agreement, it is certain, to the extent reasonably possible, that the supervisory body exercises control in accordance with the instructions provided to it in accordance with paragraph 3, point a). There is no mandatory form for a TOCA and, as such, they can be very flexible. However, whatever their form, they all provide for the school to take over all or part of the premises submitted to the TOCA for the use of the school, provided that the governing body has communicated to the other party an appropriate notification. This provision sometimes leads others to be wary of OCDs. The standard school rental contract is sufficient for most standard use of classrooms by third parties (for example. B a Pilates class for an hour after school on a Wednesday). Such a lease agreement should create a license – it is a contractual right of use, but no more. However, a license is not possible in all situations.
If a third party owns “exclusive ownership” of part of the school grounds (for example. B, a private nursery located on part of the school grounds), the agreement between the school and the third party will almost certainly be a lease.