Q&As

Where a local authority is transferring land to an Academy Trust for expansion of the school, can the local authority put a right of pre-emption in the transfer should the Academy Trust cease to use the land for education purposes? Would this arrangement frustrate the statutory provisions relating to land held by academy trusts, in particular concerning the Secretary of State's powers under the Academies Act 2010?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 10 June 2022

The Academies Act 2010 (AcA 2010) and regulations made thereunder makes provision for the transfer of land from the Local authority to the Academy Trust. While there is power in AcA 2010, Sch 1 to provide for outright transfer, the guidance from the Department for Education in its document, Land Transfer Advice (April 2013) is that in the vast majority of cases the transfer will be by way of a 125-year lease to the Academy Trust, thus preserving the public land. It is usually only in those cases where a school already owns their own land prior to Conversion to an academy that

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Local authority definition
What does Local authority mean?

The County, Unitary or london borough Council for a defined area.

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