Academies Act 2010

[F1 Transfer of land and other property on dissolution of governing body E+W

Textual Amendments

F1 Sch. 1 substituted (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 1; S.I. 2012/84, art. 3 (with art. 5)

13 (1) This paragraph applies where 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). E+W

(2) Where a governing body are so dissolved, the following are transferred as provided in sub-paragraph (3)—

(a) all publicly funded land which is held by the governing body for the purposes of the school and which is not transferred on the conversion date (pursuant to a direction under paragraph 10 or otherwise);

(b) all other property of the governing body which is used or held for the purposes of the school;

(c) all rights and liabilities of the governing body (including rights and liabilities in relation to staff) which were acquired or incurred for the purposes of the school.

(3) The land, other property, 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 10(3)(b),

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

(c) any property or rights to which section 7 (transfer of school surpluses) applies, or

(d) 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 or other property which is held by them on trust for the purposes of the school to any person to hold such land or other property 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 10(3) (a) or (c).

(7) Sub-paragraph (5) does not apply to land or other property 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 or other property on trust for the purposes of the school.

(8) In a case mentioned in sub-paragraph (7), the land or other property 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 or other property is transferred under sub-paragraph (8), it is to be treated as so transferred to such persons as the Secretary of State directs.]