Land transfers for new academy schools
Produced in partnership with Christopher McFarland of Sinclairs Law and Nicholas Hancox of Nicholas Hancox Solicitors

The following Local Government practice note produced in partnership with Christopher McFarland of Sinclairs Law and Nicholas Hancox of Nicholas Hancox Solicitors provides comprehensive and up to date legal information covering:

  • Land transfers for new academy schools
  • An academy on the site of a community school
  • An academy on the site of a voluntary aided school
  • An academy on the site of a voluntary controlled school
  • An academy on the site of a foundation school

Land transfers for new academy schools

FORTHCOMING CHANGE: On 22 March 2021, the government published its response to the Law Commission’s report of 14 September 2017, ‘Technical Issues in Charity Law’. The Report stemmed in part from Lord Hodgson’s review in July 2012 pursuant to section 73 of the Charities Act 2006 (ChaA 2006), ‘Trusted and Independent: Giving charity back to charities’. The Report made 43 recommendations, in 12 areas. The Response wholly or partially accepted 38 of the recommendations—including in relation to the acquisitions, disposals, and mortgages of charity land. For a commentary on the Response, see News Analysis: Government response to Law Commission report ‘Technical Issues in Charity Law’. It is worth bearing the proposals—and the Response—in mind when considering and advising on charity law in general.

These changes are being implemented by the Charities Bill, which had its first reading in the House of Lords on 26 May 2021. For analysis on the Charities Bill 2021, see News Analysis: Charities Bill 2021—easing charity administration and to follow the passage of the Bill through Parliament, see: UK Parliament: Charities Bill [HL].

This Practice Note applies only in England; there are no academies in Wales.

Academy schools are created under the Academies Act 2010 (AcA 2010). An academy school is owned and run by a corporate body, which is usually a company limited by guarantee, called an

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