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

The following Local Government practice note Produced in partnership with Christopher McFarland 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

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 academy trust or a multi-academy trust (MAT) ( ie a trust which runs more than one academy). The day-to-day funding of the academy (for paying the teachers and other staff, buying materials, computers and books for the pupils, heating and lighting, cleaning and maintenance of grounds and buildings etc) comes from the Secretary of State for Education, via the Education Funding Agency, according to a complicated formula that applies under a funding agreement between the Academy Trust or MAT running the academy and the Secretary of State. The Secretary of State sometimes also funds new buildings for academies.

The premises in which the academy trust provides the education will include the school buildings, together with hard play areas or playgrounds and grassed or artificial playing fields. Some academies have added car parking and/or community use areas too.

If a new academy is created as an addition to the existing schools in the locality (as most free schools are), then land transfer is not an issue.

However, most new academies replace one or more existing schools and utilise the premises (or at least,

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