Academies Act 2010

Transfer of land on dissolution of governing body

5 (1) This paragraph applies where—

(a) a governing body of a school are to be dissolved by virtue of paragraph 5(2)(a)(iv) of Schedule 1 to EA 2002 (dissolution of governing body on conversion date following Academy order),

(b) on the conversion date, the governing body hold publicly funded land for the purposes of the school, and

(c) the land is not transferred on the conversion date (pursuant to a direction under paragraph 4 or otherwise).

(2) Where a governing body are so dissolved—

(a) all publicly funded land which is held by the governing body for the purposes of the school, and

(b) all rights and liabilities of the governing body in relation to the land,

are transferred as provided in sub-paragraph (3).

(3) The land, rights and liabilities are, on the conversion date, transferred to, and by virtue of this Act vest in—

(a) the local authority that maintained the school, or

(b) such person concerned with the running of an Academy as the Secretary of State directs before the conversion date.

(4) Sub-paragraph (2) does not apply to—

(a) any land for which provision has been made for payment under paragraph 4(3)(b),

(b) any land which is held by the governing body on trust for the purposes of the school, or

(c) unless the Secretary of State otherwise directs before the conversion date, any liabilities of the governing body in respect of a loan made to the governing body.

(5) Subject to sub-paragraphs (6) and (7), a governing body who are to be dissolved as mentioned in sub-paragraph (1) may transfer any land which is held by them on trust for the purposes of the school to any person to hold such land on trust for purposes connected with the provision of education in schools.

(6) Sub-paragraph (5) does not apply to land in respect of which a direction has been made under paragraph 4(3)(a) or (c).

(7) Sub-paragraph (5) does not apply to land held by a governing body on trust for the purposes of the school in a case where any other persons (“other trustees”) also hold land on trust for the purposes of the school.

(8) In a case mentioned in sub-paragraph (7), the land held on trust by the governing body is, on the conversion date, transferred to, and by virtue of this Act vests in, the other trustees.

(9) If any doubt or dispute arises as to the persons to whom land is transferred under sub-paragraph (8), it is to be treated as so transferred to such persons as the Secretary of State directs.