Previous Next

Contents page 1-3 10-3 20-3 30-3 40-3 50-3 60-3 70-3 80-3 90-3 100-3 110-3 120-3 130-3 140-3 150-3 160-3 170-3 180-3 190-3 Last page

Localism BillPage 60

authority from proceeding as described in section 70(2) if the relevant
authority thinks that it is appropriate to do so.

72 Supplementary

(1) The Secretary of State may by regulations make further provision about the
5consideration by a relevant authority of an expression of interest submitted by
a relevant body.

(2) A relevant authority must, in exercising its functions under or by virtue of this
Chapter, have regard to guidance issued by the Secretary of State.

73 Provision of advice and assistance

(1) 10The Secretary of State may do anything that the Secretary of State considers
appropriate for the purpose of giving advice or assistance to a relevant body in
relation to—

(a) the preparation of an expression of interest for submission to a relevant
authority and its submission to a relevant authority,

(b) 15participation in a procurement exercise carried out by a relevant
authority in response to an expression of interest, or

(c) the provision of a relevant service on behalf of a relevant authority
following such a procurement exercise.

(2) The Secretary of State may do anything that the Secretary of State considers
20appropriate for the purpose of giving advice or assistance about the operation
of this Chapter to a body or person other than a relevant body.

(3) The things that the Secretary of State may do under this section include, in
particular—

(a) the provision of financial assistance to a relevant body;

(b) 25the making of arrangements with a body or person (whether or not a
relevant body), including arrangements for things that may be done by
the Secretary of State under this section to be done by that body or
person;

(c) the provision of financial assistance to a body or person other than a
30relevant body in connection with arrangements under paragraph (b).

(4) In this section references to a relevant body include a body that the Secretary
of State considers was formed wholly or partly by employees or former
employees of the relevant authority for the purposes of, or for purposes
including—

(a) 35participating in a procurement exercise carried out by the authority, or

(b) providing a relevant service on the authority’s behalf.

(5) In this section—

(a) the reference to giving advice or assistance includes providing training
or education, and

(b) 40any reference to the provision of financial assistance is to the provision
of financial assistance by any means (including the making of a loan
and the giving of a guarantee or indemnity).

Localism BillPage 61

CHAPTER 4 Assets of community value

List of assets of community value

74 List of assets of community value

(1) A local authority must maintain a list of land in its area that is land of
5community value.

(2) The list maintained under subsection (1) by a local authority is to be known as
its list of assets of community value.

(3) Where land is included in a local authority’s list of assets of community value,
the entry for that land is to be removed from the list with effect from the end of
10the period of 5 years beginning with the date of that entry (unless the entry has
been removed with effect from some earlier time in accordance with provision
in regulations under subsection (5)).

(4) The appropriate authority may by order amend subsection (3) for the purpose
of substituting, for the period specified in that subsection for the time being,
15some other period.

(5) The appropriate authority may by regulations make further provision in
relation to a local authority’s list of assets of community value, including (in
particular) provision about—

(a) the form in which the list is to be kept;

(b) 20contents of an entry in the list (including matters not to be included in
an entry);

(c) modification of an entry in the list;

(d) removal of an entry from the list;

(e) cases where land is to be included in the list and—

(i) 25different parts of the land are in different ownership or
occupation, or

(ii) there are multiple estates or interests in the land or any part or
parts of it;

(f) combination of the list with the local authority’s list of land nominated
30by unsuccessful community nominations.

(6) Subject to any provision made by or under this Chapter, it is for a local
authority to decide the form and contents of its list of assets of community
value.

75 Land of community value

(1) 35For the purposes of this Chapter, whether or not a building or other land is
land of community value is to be determined in accordance with regulations
made by the appropriate authority.

(2) Regulations under subsection (1) may (in particular)—

(a) provide that a building or other land is land of community value, or
40that a building or other land is not land of community value, if the
building or other land is specified in the regulations or is of a
description specified in the regulations;

Localism BillPage 62

(b) provide that a building or other land in a local authority’s area is land
of community value, or that a building or other land in a local
authority’s area is not land of community value, if the local authority
or some other person specified in the regulations considers that the
5building or other land is of a description specified in the regulations;

(c) make provision as to matters that are, or as to matters that are not, to be
taken into account by a local authority or other person when deciding
whether land is of community value.

(3) A description specified under subsection (2) may be framed by reference to
10such matters as the appropriate authority considers appropriate.

(4) In relation to any land, those matters include (in particular)—

(a) the owner of any estate or interest in any of the land or in other land;

(b) any occupier of any of the land or of other land;

(c) the nature of any estate or interest in any of the land or in other land;

(d) 15any use to which any of the land or other land has been, is being or
could be put;

(e) statutory provisions, or things done under statutory provisions, that
have effect (or do not have effect) in relation to—

(i) any of the land or other land, or

(ii) 20any of the matters within paragraphs (a) to (d);

(f) any price, or value for any purpose, of any of the land or other land.

(5) In this section—

76 Procedure for including land in list

(1) 30Land in a local authority’s area which is of community value may be included
by a local authority in its list of assets of community value—

(a) in response to a community nomination, or

(b) where permitted by regulations made by the appropriate authority.

(2) For the purposes of this Chapter “community nomination”, in relation to a
35local authority, means a nomination which—

(a) nominates land in the local authority’s area for inclusion in the local
authority’s list of assets of community value, and

(b) is made—

(i) by a parish council in respect of land in England in the parish
40council’s area,

(ii) by a community council in respect of land in Wales in the
community council’s area, or

(iii) by a person specified, or of a description specified, in
regulations made by the appropriate authority.

(3) 45Regulations under subsection (1)(b) may (in particular) permit land to be
included in a local authority’s list of assets of community value—

Localism BillPage 63

(a) in response to a nomination other than a community nomination;

(b) by the local authority acting on its own initiative.

(4) The appropriate authority may by regulations make provision as to—

(a) the contents of community nominations;

(b) 5the contents of any other nominations which, as a result of regulations
under subsection (1)(b), may give rise to land being included in a local
authority’s list of assets of community value.

(5) The appropriate authority may by regulations make provision for, or in
connection with, the procedure to be followed where a local authority is
10considering whether land should be included in its list of assets of community
value.

77 Procedure on community nominations

(1) This section applies if a local authority receives a community nomination.

(2) The authority must consider the nomination.

(3) 15The authority must accept the nomination if the land nominated—

(a) is in the authority’s area, and

(b) is of community value.

(4) If the authority is required by subsection (3) to accept the nomination, the
authority must cause the land to be included in the authority’s list of assets of
20community value.

(5) The nomination is unsuccessful if subsection (3) does not require the authority
to accept the nomination.

(6) If the nomination is unsuccessful, the authority must give, to the person who
made the nomination, the authority’s written reasons for its decision that the
25land could not be included in its list of assets of community value.

78 Notice of inclusion or removal

(1) Subsection (2) applies where land—

(a) is included in, or

(b) removed from,

30a local authority’s list of assets of community value.

(2) The authority must give written notice of the inclusion or removal to the
following persons—

(a) the owner of the land,

(b) the occupier of the land if the occupier is not also the owner,

(c) 35if the land was included in the list in response to a community
nomination, the person who made the nomination, and

(d) any person specified, or of a description specified, in regulations made
by the appropriate authority.

(3) A notice under subsection (2) of inclusion of land in the list must describe the
40provision made by and under this Chapter, drawing particular attention to—

(a) the consequences for the land and its owner of the land’s inclusion in
the list, and

Localism BillPage 64

(b) the right to ask for review under section 79.

(4) A notice under subsection (2) of removal of land from the list must state the
reasons for the removal.

(5) The appropriate authority may by regulations make further provision about a
5notice under subsection (2) including (in particular) provision about—

(a) its contents;

(b) how it is to be given;

(c) how it is to be brought to the attention of a person—

(i) to whom it is required to be given, but

(ii) 10for whom the local authority does not have both a name and an
address.

79 Review of decision to include land in list

(1) The owner of land included in a local authority’s list of assets of community
value may ask the authority to review the authority’s decision to include the
15land in the list.

(2) If a request is made—

(a) under subsection (1), and

(b) in accordance with the time limits (if any) provided for in regulations
under subsection (5),

20the authority concerned must review its decision.

(3) Where under subsection (2) an authority reviews a decision, the authority must
notify the person who asked for the review—

(a) of the decision on the review, and

(b) of the reasons for the decision.

(4) 25If the decision on a review under subsection (2) is that the land concerned
should not have been included in the authority’s list of assets of community
value—

(a) the authority must remove the entry for the land from the list, and

(b) where the land was included in the list in response to a community
30nomination—

(i) the nomination becomes unsuccessful, and

(ii) the authority must give a written copy of the reasons mentioned
in subsection (3)(b) to the person who made the nomination.

(5) The appropriate authority may by regulations make provision as to the
35procedure to be followed in connection with a review under this section.

(6) Regulations under subsection (5) may (in particular) include—

(a) provision as to time limits;

(b) provision requiring the decision on the review to be made by a person
of appropriate seniority who was not involved in the original decision;

(c) 40provision as to the circumstances in which the person asking for the
review is entitled to an oral hearing, and whether and by whom that
person may be represented at the hearing;

(d) provision for appeals against the decision on the review.

Localism BillPage 65

List of land nominated by unsuccessful community nominations

80 List of land nominated by unsuccessful community nominations

(1) A local authority must maintain a list of land in its area that has been
nominated by an unsuccessful community nomination (see sections 77(5) and
579(4)(b)(i)).

(2) The list maintained under subsection (1) by a local authority is to be known as
its list of land nominated by unsuccessful community nominations.

(3) Where land is included in a local authority’s list of land nominated by
unsuccessful community nominations, the entry in the list for the land is to
10include the reasons given under section 77(6) or 79(3)(b) for not including the
land in the authority’s list of assets of community value.

(4) The appropriate authority may by regulations make further provision in
relation to a local authority’s list of land nominated by unsuccessful
community nominations, including (in particular) provision about—

(a) 15the form in which the list is to be kept;

(b) contents of an entry in the list (including matters not to be included in
an entry);

(c) modification of an entry in the list;

(d) removal of an entry from the list;

(e) 20cases where land is to be included in the list and—

(i) different parts of the land are in different ownership or
occupation, or

(ii) there are multiple estates or interests in the land or any part or
parts of it;

(f) 25combination of the list with the local authority’s list of assets of
community value.

(5) Subject to any provision made by or under this Chapter, it is for a local
authority to decide the form and contents of its list of land nominated by
unsuccessful community nominations.

30Provisions common to both lists

81 Publication and inspection of lists

(1) A local authority must publish—

(a) its list of assets of community value, and

(b) its list of land nominated by unsuccessful community nominations.

(2) 35The appropriate authority may by regulations make provision about how the
duty under subsection (1) is to be discharged.

(3) A local authority must at a place in its area make available, for free inspection
by any person, both—

(a) a copy of its list of assets of community value, and

(b) 40a copy of its list of land nominated by unsuccessful community
nominations.

Localism BillPage 66

(4) A local authority must provide a free copy of its list of assets of community
value to any person who asks it for a copy, but is not required to provide to any
particular person more than one free copy of the same version of the list.

(5) A local authority must provide a free copy of its list of land nominated by
5unsuccessful community nominations to any person who asks it for a copy, but
is not required to provide to any particular person more than one free copy of
the same version of the list.

(6) In this section “free” means free of charge.

Moratorium on disposing of listed land

82 10Moratorium

(1) An owner of land included in a local authority’s list of assets of community
value must not enter into a relevant disposal of the land unless each of
conditions A to C is met.

(2) Condition A is that the owner has notified the local authority in writing of the
15owner’s wish to enter into a relevant disposal of the land.

(3) Condition B is that either—

(a) the interim moratorium period has ended without the local authority or
the owner having received during that period, from any community
interest group, a written request (however expressed) for the group to
20be treated as a potential bidder in relation to the land, or

(b) the full moratorium period has ended.

(4) Condition C is that the protected period has not ended.

(5) Subsection (1) does not apply in relation to a relevant disposal of land in cases
of a description specified in regulations made by the appropriate authority.

(6) 25In subsections (3) and (4)—

(7) In subsection (6) “prescribed” means prescribed by regulations made by the
appropriate authority, and—

(a) 40the period prescribed for the purposes of the definition of the full
moratorium period must not be shorter than the period prescribed for
the purposes of the definition of the interim moratorium period, and

(b) the period prescribed for the purposes of the definition of the protected
period must not be shorter than the period prescribed for the purposes
45of the definition of the full moratorium period.

Localism BillPage 67

(8) For the meaning of “relevant disposal”, and for when a relevant disposal is
entered into, see section 83.

83 Meaning of “relevant disposal” etc in section 82

(1) This section applies for the purposes of section 82.

(2) 5A disposal of the freehold estate in land is a relevant disposal of the land if it is
a disposal with vacant possession.

(3) A grant, assignment or surrender of a qualifying leasehold estate in land is a
relevant disposal of the land if it is a grant, assignment or surrender with
vacant possession.

(4) 10If a relevant disposal within subsection (2) or (3) is made in pursuance of a
binding agreement to make it, the disposal is entered into when the agreement
becomes binding.

(5) Subject to subsection (4), a relevant disposal within subsection (2) or (3) is
entered into when it takes place.

(6) 15In this section “qualifying leasehold estate”, in relation to any land, means an
estate by virtue of a lease of the land for a term which, when granted, had at
least 25 years to run.

(7) The appropriate authority may by order amend this section.

84 Publicising receipt of notice under section 82(2)

(1) 20This section applies if a local authority receives notice under section 82(2) in
respect of land included in the authority’s list of assets of community value.

(2) The authority must cause the entry in the list for the land to reveal—

(a) that notice under section 82(2) has been received in respect of the land,

(b) the date when the authority received the notice, and

(c) 25the ends of the initial moratorium period, the full moratorium period
and the protected period that apply under section 82 as a result of the
notice.

(3) If the land is included in the list in response to a community nomination, the
authority must give written notice, to the person who made the nomination, of
30the matters mentioned in subsection (2)(a), (b) and (c).

(4) The authority must make arrangements for those matters to be publicised in
the area where the land is situated.

85 Compensation

(1) The appropriate authority may by regulations make provision for the payment
35of compensation in connection with the operation of this Chapter.

(2) Regulations under subsection (1) may (in particular)—

(a) provide for any entitlement conferred by the regulations to apply only
in cases specified in the regulations;

(b) provide for any entitlement conferred by the regulations to be subject
40to conditions, including conditions as to time limits;

(c) make provision about—

Localism BillPage 68

(i) who is to pay compensation payable under the regulations;

(ii) who is to be entitled to compensation under the regulations;

(iii) what compensation under the regulations is to be paid in
respect of;

(iv) 5the amount, or calculation, of compensation under the
regulations;

(v) the procedure to be followed in connection with claiming
compensation under the regulations;

(vi) the review of decisions made under the regulations.

10Miscellaneous

86 Local land charge

If land is included in a local authority’s list of assets of community value—

(a) inclusion in the list is a local land charge, and

(b) that authority is the originating authority for the purposes of the Local
15Land Charges Act 1975.

87 Enforcement

(1) The appropriate authority may by regulations make provision—

(a) with a view to preventing, or reducing the likelihood, of contraventions
of section 82(1);

(b) 20as to the consequences applicable in the event of contraventions of
section 82(1).

(2) The provision that may be made under subsection (1) includes (in particular)—

(a) provision for transactions entered into in breach of section 82(1) to be
set aside or to be ineffective;

(b) 25provision about entries on registers relating to land.

(3) The provision that may be made under subsection (1) includes provision
amending—

(a) legislation, or

(b) an instrument made under legislation.

(4) 30In subsection (3) “legislation” means—

(a) an Act, or

(b) a Measure or Act of the National Assembly for Wales.

88 Advice and assistance in relation to land of community value in England

(1) The Secretary of State may do anything that the Secretary of State considers
35appropriate for the purpose of giving advice or assistance—

(a) to anyone in relation to doing any of the following—

(i) taking steps under or for purposes of provision contained in, or
made under, this Chapter so far as applying in relation to
England, or

(ii) 40preparing to, or considering or deciding whether to, take steps
within sub-paragraph (i), or

Localism BillPage 69

(b) to a community interest group in relation to doing any of the
following—

(i) bidding for, or acquiring, land in England that is included in a
local authority’s list of assets of community value,

(ii) 5preparing to, or considering or deciding whether or how to, bid
for or acquire land within sub-paragraph (i), or

(iii) preparing to, or considering or deciding whether or how to,
bring land within sub-paragraph (i) into effective use.

(2) The things that the Secretary of State may do under this section include, in
10particular—

(a) the provision of financial assistance to any body or other person;

(b) the making of arrangements with a body or other person, including
arrangements for things that may be done by the Secretary of State
under this section to be done by that body or other person.

(3) 15In this section—

(a) the reference to giving advice or assistance includes providing training
or education,

(b) “community interest group” means a person who is a community
interest group for the purposes of section 82(3) as a result of regulations
20made under section 82(6) by the Secretary of State, and

(c) the reference to the provision of financial assistance is to the provision
of financial assistance by any means (including the making of a loan
and the giving of a guarantee or indemnity).

89 Advice and assistance in relation to land of community value in Wales

(1) 25The Welsh Ministers may do anything that they consider appropriate for the
purpose of giving advice or assistance—

Previous Next

Contents page 1-3 10-3 20-3 30-3 40-3 50-3 60-3 70-3 80-3 90-3 100-3 110-3 120-3 130-3 140-3 150-3 160-3 170-3 180-3 190-3 Last page