For all
Council occupied buildings other than schools, the Council is
either the owner of the buildings and land or lease holder. This
means, in respect of property issues, the Council will be the ‘duty
holder’ in respect of asbestos management responsibility and also
in respect of statutory compliance testing and inspection. The
responsibility for discharging these responsibilities will lie with
Property and Asset Management.
In relation to Schools there are further complexities duty to
various forms of ownership and occupation. As the Local Education
Authority (LEA) for North Somerset a large number of North Somerset
Council buildings are schools. The following list is not meant to
be exhaustive and specific advice should be sought from Property
and Asset Management should any school have a query about ownership
and responsibility, particularly around duty holder
responsibilities. Further information on education related
definitions for the various schools can be found under the
Admissions
section
The Council has an involvement with the following types of
school. either through direct administration or through the
distribution of Central Government grants:
Community
Schools/ Infant Schools/ Junior Schools/ Primary Schools/ Secondary
Schools
These schools are owned and administered by the Council. The
Council is the ‘duty holder’ in respect of the Control of
Asbestos at Work Regulations 2006 and also in respect of all other
Statutory Compliance requirements i.e. Water Hygiene, Fixed
Electrical Wire testing, etc. This duty is discharged by the
Council via Property and Asset management Service and also in part
by Premises Managers in it’s Schools.
Trust and
Foundation Schools
Foundation
schools - These are publicly maintained schools that are
not controlled by a local authority (LA). These are schools that
own their own land and buildings and are administered by Central
Government (formerly known as grant-maintained schools). These
schools are the ‘duty holder’ in respect of the Control of
Asbestos at Work Regulations 2002 and also in respect of all other
Statutory Compliance requirements i.e. Water Hygiene, Fixed
Electrical Wire testing, etc. The Council may allow an arrangement
where these schools can ‘buy into’ contracts the Council has with
providers for discharging these responsibilities. The Council has
no objection to these Schools entering into direct contract with
those suppliers on similar terms offered to the Council. However,
in these instances the Council is a third party without any privity
of contract in any direct arrangement between the Schools and
Supplier (contractor or consultant).
Trust
schools - These are state funded foundation schools
supported by a charitable trust. It is made up of the school
partners working together for the benefit of the school. The
school's governing body is responsible for setting their own
admission arrangements. These schools are the ‘duty holder’ in
respect of the Control of Asbestos at Work Regulations 2002
and also in respect of all other Statutory Compliance requirements
i.e. Water Hygiene, Fixed Electrical Wire testing, etc. The Council
may allow an arrangement where these schools can ‘buy into’
contracts the Council has with providers for discharging these
responsibilities. The Council has no objection to these Schools
entering into direct contract with those suppliers on similar terms
offered to the Council. However, in these instances the Council is
a third party without any privity of contract in any direct
arrangement between the Schools and Supplier (contractor or
consultant).
Voluntary
aided schools
Management
responsibility is shared between the Local Authority (LA) and the
Church of England with the Church playing a greater role.
The governing body is the admission authority with admission
criteria normally different from those used by the LA. The
governing body is responsible for deciding who should be allocated
places at the school. The governing body is the admissions
authority and the employer. The school’s land and buildings (apart
from the playing fields which are normally vested in the local
authority) will normally be owned by a charitable foundation.”
These schools are the ‘duty holder’ in respect of the Control
of Asbestos at Work Regulations 2002 and also in respect of all
other Statutory Compliance requirements i.e. Water Hygiene, Fixed
Electrical Wire testing, etc. The Council may allow an arrangement
where these schools can ‘buy into’ contracts the Council has with
providers for discharging these responsibilities. The Council has
no objection to these Schools entering into direct contract with
those suppliers on similar terms offered to the Council. However,
in these instances the Council is a third party without any privity
of contract in any direct arrangement between the Schools and
Supplier (contractor or consultant).
Voluntary
controlled schools
These are Schools
which are maintained by the Local Education Authority with a
foundation (generally religious)* which appoints some – but not
most- of the governing body. The Council is the
employer and the admissions authority. The school’s land and
buildings (apart from the playing fields which are normally vested
in the LEA) will normally be owned by a charitable foundation.
*Except for Yatton Infant School which has links with the Durban
Trust. As the Council is the ‘Employer’, in respect of these
schools it acts as the ‘duty holder’ in respect of the
Control of Asbestos at Work Regulations 2002 and also in
respect of all other Statutory Compliance requirements i.e. Water
Hygiene, Fixed Electrical Wire testing, etc. This duty is
discharged by the Council via Property and Asset management Service
and also in part by Premises Managers in the Schools.
Community
Use of Buildings
The community use of Council controlled school buildings, such as
for playgroups or guide/scout groups, is a well-established and
important function of the site. It is illegal, however, to let out
school property for trading purposes unless a lease, tenancy or
licence has been agreed. Each differs legally and in their purpose
i.e.
Lease: provides rights of exclusive possession for
a specified period of time.
Tenancy: provides rights of exclusive possession,
but is not time limited. A tenancy can, however, be cancelled by
either party giving notice as specified in the initial
agreement.
Licence: gives permission to use premises, but not
exclusively. A licence is either for a set period or can be ended
by either party serving notice (usually, but not exclusively, a
month).
Any charges levied to external/community groups must reflect, as a
minimum, all the costs the school incurs.
There is considerable legislation dealing with issues of tenure,
including the Landlord & Tenants Act. Great care and caution is
required when considering any of the above agreements.
There are also other property issues such as way-leaves and
easements that apply to some sites that can occasionally become
relevant.
For further information on Leases, Room Hire and Service Level
Agreements for Pre-Schools and Playgroups please see
the Pre-Schools
on School Sites page.
