Guide / Establish your position
Who is buying, and who can commit your school?
Start with the actual customer and decision powers. A bursar, governor, proprietor and group finance team can each have a role, but their job titles do not establish authority to sign an energy agreement.
Begin with a name that can carry the obligation
Before asking for prices, identify the person or legal body that will buy the energy. Use the exact name on the existing agreement, then check it against the school's current legal records. A school trading name, campus name or charitable brand may differ from its contracting entity. Record the relevant company or charity details and registered address alongside the supply addresses. Resolve discrepancies before releasing a buying instruction.
This is an independent-school starting point. The Academy Trust Handbook's approved-energy-route requirement applies to academy trusts through their funding arrangements. It does not automatically become a duty of an ordinary fee-funded school. Your own legal structure, governing document, internal policy and any relevant public-procurement status determine the approval work.
Legal structure changes the answer
A charitable company, a charitable incorporated organisation, a commercial company and an unincorporated charitable trust are different structures. Charity Commission guidance explains that an unincorporated charity cannot enter contracts in its own right; trustees do so for it. An incorporated charity can contract in its own name. Obtain suitable advice if the present supply agreement appears to name the wrong party or if trustees are unsure about personal contractual liability.
Do not assume a proprietor, landlord or holding company is also the energy customer. Where the estate and school operations sit in different entities, establish which entity occupies each site, pays the bills and is entitled to authorise the proposed arrangement. A managing agent's practical involvement is not a substitute for the customer's authority.
Map the work and the decision separately
The bursar or finance director may lead the exercise; estates colleagues explain operating needs; a finance committee may scrutinise the recommendation. The final decision and acceptance must follow the school's actual powers and delegation. Read the constitution or governing document, finance policy, scheme of delegation and relevant board resolutions together. Identify any spending limit, term limit, guarantee restriction or reserved decision.
A chair's title does not confer unlimited authority. Nor should a supplier's short quote-validity window be treated as an emergency delegation. Agree in advance who can approve the evaluation, who may accept a refreshed offer within defined limits and what must return to the board. Keep an available deputy or a clear escalation route.
| Responsibility | Record before seeking offers |
|---|---|
| Prepare and check | Named finance and estates leads; source data, assumptions and review responsibilities. |
| Recommend and scrutinise | Person preparing the paper; committee or reviewers; the evidence they will receive. |
| Approve and accept | Authorised body and signatory; limits, conditions, quote-refresh controls and the record of authority. |
| Manage the agreement | Customer-owned records, bill and service owners, escalation contact and renewal calendar. |
Keep charity and company responsibilities visible
For a charitable school, the recommendation should explain how the proposed agreement serves the charity's purposes and interests, identify relevant information and risks, and show how conflicts have been managed. A charitable company also has company-law responsibilities. For a commercial proprietor, directors must consider their own duties and the company's constitution. Neither model makes an energy adviser the decision-maker.
Ask governors, directors and staff to declare relevant connections with proposed advisers or suppliers. Record how each conflict is handled, including whether the person withdraws from the discussion or vote. Where the conflict cannot be managed within the governing document and law, pause and obtain advice. A declaration alone does not resolve every conflict.
A group needs more than a combined meter list
For a group purchase, map each participating entity to its sites, existing contracts, authority and financial responsibility. Establish whether the arrangement is one contract, several contracts under common terms or an agency arrangement. Confirm who appoints the adviser, who pays its remuneration and who can accept terms for each participant.
Make planned acquisitions, disposals, changes of proprietor, mergers and closures explicit in the requirement. A group decision does not by itself transfer an existing customer's liabilities or guarantee that another campus can join at the same rate. Obtain written contractual answers on additions, removals, assignment, novation, guarantees and early termination where relevant.
Leave this step with an authority record
Your output is a short, dated record: legal customer; sites and entities covered; current obligations; relevant buying rules; responsible people; approval route; acceptance powers; unresolved legal questions. Attach the underlying policy or resolution references so another colleague can follow the reasoning. Revisit the record if the buyer or proposed commitment changes.
This guide focuses on independent schools in England. Charity Commission material cited here applies to England and Wales. Scottish charities should use OSCR guidance and Northern Irish charities their own regulator; cross-border groups need to establish which rules govern each entity. This record organises the enquiry and does not certify the school's powers or procurement status.