Academies established under the Education Act 1996: property and construction issues

Resource type: Practice note

Status: Maintained

Jurisdiction: England

A note on the property and construction issues associated with the establishment of an academy school. For information on the law and policy governing Academies and their relationship with central and local government, see Practice note, Academies established under the Education Act 1996: overview. See also Practice note, Academies established under the Education Act 1996: negotiating the transfer agreement between the Academy Trust and Local Authority.

Note added: This note provides guidance on the legal and practical issues arising in relation to the establishment of academies under the Education Act 1996 and the previous government’s Academy Delivery Programme. For information on Academies under the Academies Act 2010, see Practice notes, Academies under the Academies Act 2010: overview , Academies under the Academies Act 2010: property issues, Academies under the Academies Act 2010: an overview of the funding agreement and Academies under the Academies Act 2010: the commercial transfer agreement.

Nicola Llewelyn, M&A Solicitors LLP, and PLC Public Sector

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Resource ID: 6-501-5437
Products: PLC Construction, PLC Property Law, PLC Public Sector
This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.

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Topics

EducationEducation (http://publicsector.practicallaw.com/topic9-386-1394)
Local GovernmentLocal Government (http://publicsector.practicallaw.com/topic4-384-2020)
PFI/PPPPFI/PPP (http://publicsector.practicallaw.com/topic8-384-0910)
Project financeProject finance (http://publicsector.practicallaw.com/topic3-201-5282)
Public ProcurementPublic Procurement (http://publicsector.practicallaw.com/topic7-103-1177)

Practice note: overview

Academies established under the Education Act 1996: overview Academies established under the Education Act 1996: overview (http://uk.practicallaw.com/topic3-501-0771)
Academies under the Academies Act 2010: overview Academies under the Academies Act 2010: overview (http://uk.practicallaw.com/topic1-503-3617)
Procurement route: structure of a Building Schools for the Future (BSF) project Procurement route: structure of a Building Schools for the Future (BSF) project (http://uk.practicallaw.com/topic9-383-7813)

Practice notes

Academies established under the Education Act 1996: negotiating the transfer agreement between the Academy Trust and Local Authority Academies established under the Education Act 1996: negotiating the transfer agreement between the Academy Trust and Local Authority (http://uk.practicallaw.com/topic8-500-9464)
Appointing school teachers and support staff Appointing school teachers and support staff (http://uk.practicallaw.com/topic3-500-3233)
Building Schools for the Future (BSF) Building Schools for the Future (BSF) (http://uk.practicallaw.com/topic6-382-6203)
CRB checks and the children's barred list: a quick guide for schools CRB checks and the children's barred list: a quick guide for schools (http://uk.practicallaw.com/topic2-500-6835)
Construction sub-contracts in PFI and PPP projects: common issues Construction sub-contracts in PFI and PPP projects: common issues (http://uk.practicallaw.com/topic4-502-9195)
Investigating the property: pre-contract enquiries Investigating the property: pre-contract enquiries (http://uk.practicallaw.com/topic4-107-3786)
Leases: Excluding security of tenure Leases: Excluding security of tenure (http://uk.practicallaw.com/topic8-382-6136)
Novation of construction documents Novation of construction documents (http://uk.practicallaw.com/topic1-315-1953)
Performance, pay and terms of employment for school staff Performance, pay and terms of employment for school staff (http://uk.practicallaw.com/topic6-500-4924)

Legal update: archive

Another council joins the legal challenge to BSF cancellation Another council joins the legal challenge to BSF cancellation (http://uk.practicallaw.com/topic6-503-5794)
DfE approves 33 BSF sample projects and 44 academies DfE approves 33 BSF sample projects and 44 academies (http://uk.practicallaw.com/topic0-503-0030)
Government freezes BSF and ProCure21+ programmes Government freezes BSF and ProCure21+ programmes (http://uk.practicallaw.com/topic8-502-2899)
Hearing date for judicial review of BSF decision Hearing date for judicial review of BSF decision (http://uk.practicallaw.com/topic0-504-3594)
Legal challenge to BSF cancellation Legal challenge to BSF cancellation (http://uk.practicallaw.com/topic5-503-5247)
Permission granted for judicial review of BSF decision Permission granted for judicial review of BSF decision (http://uk.practicallaw.com/topic4-504-1499)
PfS announces new BSF projects but programme criticised PfS announces new BSF projects but programme criticised (http://uk.practicallaw.com/topic8-386-6108)
PfS announces shortlist for regional academies frameworks PfS announces shortlist for regional academies frameworks (http://uk.practicallaw.com/topic4-386-1669)
Scrapping BSF was "an abuse of power" High Court rules Scrapping BSF was "an abuse of power" High Court rules (http://uk.practicallaw.com/topic6-504-7891)
Scrapping BSF was "an abuse of power" High Court rules (full update) Scrapping BSF was "an abuse of power" High Court rules (full update) (http://uk.practicallaw.com/topic1-504-8237)

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