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Academies Act 2010

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This is the original version (as it was originally enacted).

Former Academies: transfer scheme for land acquired from local authority

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6(1)This paragraph applies if—

(a)there is a transfer of land from a local authority on or after 28 July 2000,

(b)the transfer is made to a person for the purposes of an Academy, and

(c)the first or the second condition set out below is satisfied.

(2)The first condition is that—

(a)the school concerned ceases to be an Academy, and

(b)immediately before the school ceases to be an Academy the land is held by a person for the purposes of the Academy.

(3)The second condition is that, although the school concerned continues to be an Academy, the land ceases to be held for the purposes of the Academy.

(4)This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1 or 2.

(5)Sub-paragraph (2) applies whether or not, on the school ceasing to be an Academy, it simultaneously ceases to function as a school.

(6)The Secretary of State may make a scheme providing for the transfer of the land, or such part of it as is specified in the scheme—

(a)from the person holding it;

(b)back to the authority from which the transfer mentioned in sub-paragraph (1)(a) was made.

(7)The scheme must make provision about the transfer to the authority of any right or liability held by the transferor as holder of the land or specified part concerned.

(8)In sub-paragraph (7) the reference to a right or liability—

(a)includes a reference to a right or liability as a trustee, but

(b)excludes a reference to a liability in respect of the principal of or interest on a loan.

(9)A scheme may include incidental, consequential, supplemental and transitional provision.

(10)A scheme comes into force—

(a)on the day it specifies for it to come into force, or

(b)on the day it otherwise identifies as the day for it to come into force.

(11)When a scheme comes into force it has effect to transfer (in accordance with its provisions) the land, rights and liabilities to which it applies.

(12)A transfer made by virtue of a scheme is binding on all persons even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.

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