The Academies (Land Transfer Schemes) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations contain provisions relating to the making of a transfer scheme in relation to land for the purposes of an Academy under paragraph 1 or 2 of Schedule 1 to the Academies Act 2010 (“the Act”), as substituted by section 63 of, and Schedule 14 to, the Education Act 2011.

Paragraph 1 of Schedule 1 enables the Secretary of State to make a scheme transferring to an Academy land used for the purposes of a school or 16 to 19 Academy that is no longer used for that school or 16 to 19 Academy or is about to be no longer so used. Paragraph 2 of Schedule 1 enables the Secretary of State to make a scheme transferring to an Academy land where a local authority holds a freehold or leasehold interest in the land and the land forms the whole or part of a site specified in a notification given to the Secretary of State under section 6A of the Education and Inspections Act 2006 or a notice published under section 7 of the Education and Inspections Act 2006 (invitation for proposals for establishment of new school).

Regulation 2 sets out the documents and other information relating to the land to be transferred that the transferor under a scheme has to give to the Secretary of State if asked. It also requires the transferor to allow access to the land for the purpose of carrying out surveys or inspections of the land.

Regulation 3 requires a transferor under the scheme to provide written responses to any enquiries or requisitions on title raised, to execute any instrument, deliver any certificates and to do any other thing required by the Land Registration Act 2002 in order for the land to be registered in the name of the transferee. It also provides that the transferor under a scheme is to be treated as having given an acknowledgement in writing of the right of the transferee to the production, and copies of, certain documents. Regulation 3(6) provides that section 64(1) of the Law of Property Act 1925 is to have effect in the manner described. Section 64(1) of the Law of Property Act 1925 provides that where a person retains possession of documents and gives an acknowledgement in writing of the right of another person to production and delivery of those documents that acknowledgement imposes certain obligations relating to the documents.

An Impact Assessment has not been prepared for these Regulations.