Legal Tools

As part of our work in making the process of transfer more effective, we have commissioned Anthony Collins Solicitors to prepare some model guidance and documents for community organisations and local authorities. Our aim has been to produce a set of documents which will genuinely assist the transfer process, and strike the right balance between the interests of local authorities and those of community organisations. We would be particularly grateful on your views as to whether the documents achieve this. We acknowledge that, on some issues, there are genuine differences of approach and opinion, and we hope that our note on the issues of difference between third sector bodies and local authorities reflects those standpoints.

Disclaimer: These documents is intended to be used as general guidance only. Neither the Asset Transfer Unit nor Anthony Collins Solicitors can accept any responsibility for any liability arising from its use in any given context. We would recommend that further legal advice is taken before application of the guidance/use of the documents in specific circumstances.

Overview

1. Legal process “map”: Table setting out the stages of the process and the legal tools needed

Getting started

2. Note on requirements in relation to disposal at an undervalue

3. Asset Transfer Protocol in relation to a transfer

3.  Asset Transfer Protocol in relation to a transfer explanatory note

4. Note on asset transfer and procurement of services from TSOs

5. Heads of terms guidance

Investment readiness

6. Note on asset transfer and state aid

Property Development

7. Note on development and procurement

8. Note on construction contracts

Taking a stake

9. Model lease

9. Model lease explanatory note

10. Note identifying key issues of difference between TSOs and local authorities

11. Note on TUPE transfers

Long term relationship

12. Joint working agreement and explanatory note

12. Joint working agreement explanatory note

Factsheets

13. Good practice in negotiations: factsheet

14. Equality and Diversity obligations: factsheet

15. Glossary of lease jargon