Hitchin Boys’ School became an Academy under the Academies Act 2010 on 1st January 2013. Hitchin Boys’ School is now a Trust with charitable status (registered with Companies House as Hitchin Boys’ School – Registered No: 08286295)
The Academy Trust has two levels of governance consisting of Members on one level and Directors on another.
As with all UK companies, Academy Trusts have Directors. Each Director must be registered with Companies House and will be subject to a range of Directors’ duties under the Companies Act 2006.
Academy Trusts have exclusively charitable purposes and are therefore charities. Accordingly, their Directors are also Trustees under charity law. Any funds held by an Academy Trust are held on charitable trust for the provision of education. The principal regulator of Academy Trusts for charity law purposes is the Secretary of State for Education (in practice this function is delegated to the Education and Skills Funding Agency).
Under education law, the body that runs and operates a school is known as a governing body. Similarly, those running an Academy Trust are referred to as Governors. This term is used in the articles of association to refer to the Directors/Trustees.
The role of a Member is distinct from the role of a Director/Trustee/Governor. The Chair of Governors, however, is both a Member and a Trustee. Members are similar to the shareholders of an ordinary share company, although they cannot draw a profit from the Academy Trust. The Members must agree to contribute towards the winding up costs in the event that the Academy Trust becomes insolvent, that is, they guarantee the liability of the company up to a nominal £10. The Members meet at least once a term and are responsible for:
- Ensuring that the Trust’s charitable objectives as set out in the Articles of Association are met.
- Amending the Articles of Association
- Maintaining an overview of the effec.tiveness of the Trust’s structure.
- Determining the ethos and purpose of the Trust and the way it is governed.
- Holding the Governing Body to account for the improved progress and outcomes for students.
- Appointing and removing Trustees.
- Appointing the Auditors and receiving (but not approving) the Trust’s annual accounts.
- Articles of Association
- Funding Agreement
- agreed with the Department of Education
- Governing Body AGM Minutes
- Trade Union Facility Time
Each year, the Academy produces a report and accounts and the reports from the past two years are below: