Localism Bill (HL Bill 90)

Localism BillPage 60

(5) In section 113(2) for “, they or it thinks” substitute “or they think”.

(6) In section 113(4) (power of National Assembly for Wales to make orders or
regulations is exercisable by statutory instrument) for “National Assembly for
Wales” substitute “Welsh Ministers”.

CHAPTER 3 5Community right to challenge

69 Duty to consider expression of interest

(1) A relevant authority must consider an expression of interest in accordance
with this Chapter if—

(a) it is submitted to the authority by a relevant body, and

(b) 10it is made in writing and complies with such other requirements for
expressions of interest as the Secretary of State may specify by
regulations.

This is subject to section 70 (timing of expressions of interest).

(2) In this Chapter “relevant authority” means—

(a) 15a county council in England,

(b) a district council,

(c) a London borough council, or

(d) such other person or body carrying on functions of a public nature as
the Secretary of State may specify by regulations.

(3) 20In this Chapter “expression of interest”, in relation to a relevant authority,
means an expression of interest in providing or assisting in providing a
relevant service on behalf of the authority.

(4) In this Chapter “relevant service”, in relation to a relevant authority, means a
service provided by or on behalf of that authority in the exercise of any of its
25functions, other than a service of a kind specified in regulations made by the
Secretary of State.

(5) In this Chapter “relevant body” means—

(a) a voluntary or community body,

(b) a body of persons or a trust which is established for charitable purposes
30only,

(c) a parish council,

(d) in relation to a relevant authority, two or more employees of that
authority, or

(e) such other person or body as may be specified by the Secretary of State
35by regulations.

(6) For the purposes of subsection (5) “voluntary body” means a body, other than
a public or local authority, the activities of which are not carried on for profit.

(7) The fact that a body’s activities generate a surplus does not prevent it from
being a voluntary body for the purposes of subsection (5) so long as that
40surplus is used for the purposes of those activities or invested in the
community.

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(8) For the purposes of subsection (5) “community body” means a body that
carries on activities primarily for the benefit of the community.

(9) The Secretary of State may by regulations—

(a) amend or repeal any of paragraphs (a) to (d) of subsection (5);

(b) 5amend or repeal any of subsections (6) to (8);

(c) make other amendments to this Chapter (including amendments to any
power to make regulations) in consequence of provision made under
subsection (2)(d) or (5)(e) or paragraph (a) or (b) of this subsection.

70 Timing of expressions of interest

(1) 10Subject as follows, a relevant body may submit an expression of interest to a
relevant authority at any time.

(2) A relevant authority may specify periods during which expressions of interest,
or expressions of interest in respect of a particular relevant service, may be
submitted to the authority.

(3) 15The relevant authority must publish details of each specification under
subsection (2) in such manner as it thinks fit (which must include publication
on the authority’s website).

(4) The relevant authority may refuse to consider an expression of interest
submitted outside a period specified under subsection (2).

(5) 20The Secretary of State may by regulations specify minimum periods that may
be specified by relevant authorities under subsection (2).

71 Consideration of expression of interest

(1) The relevant authority must—

(a) accept the expression of interest, or

(b) 25reject the expression of interest.

This is subject to section 72(1) (modification of expression of interest).

(2) If the relevant authority accepts the expression of interest it must carry out a
procurement exercise relating to the provision on behalf of the authority of the
relevant service to which the expression of interest relates.

(3) 30The exercise required by subsection (2) must be such as is appropriate having
regard to the value and nature of the contract that may be awarded as a result
of the exercise.

(4) The Secretary of State may by regulations specify—

(a) the minimum period that must elapse between the date of the relevant
35authority’s decision to accept an expression of interest and the date on
which it begins the exercise referred to in subsection (2), and

(b) the maximum period that may elapse between those dates.

(5) A relevant authority must, in considering an expression of interest, consider
whether acceptance of the expression of interest would promote or improve
40the social, economic or environmental well-being of the authority’s area.

(6) A relevant authority must, in carrying out the exercise referred to in subsection
(2), consider how it might promote or improve the social, economic or
environmental well-being of the authority’s area by means of that exercise.

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(7) Subsection (6) applies only so far as is consistent with the law applying to the
awarding of contracts for the provision on behalf of the authority of the
relevant service in question.

(8) The relevant authority may reject the expression of interest only on one or
5more grounds specified by the Secretary of State by regulations.

72 Consideration of expression of interest: further provisions

(1) A relevant authority that is considering an expression of interest from a
relevant body may modify the expression of interest.

(2) A relevant authority may exercise the power in subsection (1) only if—

(a) 10the authority thinks that the expression of interest would not otherwise
be capable of acceptance, and

(b) the relevant body agrees to the modification.

(3) A relevant authority must make a decision in respect of an expression of
interest within such time as may be specified by the Secretary of State by
15regulations.

(4) The relevant authority must—

(a) notify the relevant body in writing of the decision within such time as
may be specified by the Secretary of State by regulations, and

(b) if the authority’s decision is to modify or reject the expression of
20interest, give reasons for that decision in the notification.

(5) The relevant authority must publish the notification in such manner as it thinks
fit (which must include publication on the authority’s website).

(6) A relevant body may withdraw an expression of interest after submitting it to
a relevant authority (whether before or after a decision has been made by the
25authority in respect of the expression of interest).

(7) The withdrawal of an expression of interest, or the refusal of a relevant body to
agree to modification of an expression of interest, does not prevent the relevant
authority from proceeding as described in section 71(2) if the relevant
authority thinks that it is appropriate to do so.

73 30Supplementary

(1) The Secretary of State may by regulations make further provision about the
consideration 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
35Chapter, have regard to guidance issued by the Secretary of State.

74 Provision of advice and assistance

(1) The 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) 40the preparation of an expression of interest for submission to a relevant
authority and its submission to a relevant authority,

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(b) participation 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) 5The Secretary of State may do anything that the Secretary of State considers
appropriate 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) 10the provision of financial assistance to a relevant body;

(b) the 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) 15the provision of financial assistance to a body or person other than a
relevant 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
20including—

(a) participating 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
25or education, and

(b) any 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).

CHAPTER 4 Assets of community value

30List of assets of community value

75 List of assets of community value

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

(2) The list maintained under subsection (1) by a local authority is to be known as
35its 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
the 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
40in regulations under subsection (5)).

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(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,
some other period.

(5) The appropriate authority may by regulations make further provision in
5relation 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) contents of an entry in the list (including matters not to be included in
an entry);

(c) 10modification 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) different parts of the land are in different ownership or
occupation, or

(ii) 15there 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
by unsuccessful community nominations.

(6) Subject to any provision made by or under this Chapter, it is for a local
20authority to decide the form and contents of its list of assets of community
value.

76 Land of community value

(1) For 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
25made 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
that 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
30description specified in the regulations;

(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
35building 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
40such 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) 45any use to which any of the land or other land has been, is being or
could be put;

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

(f) 5any price, or value for any purpose, of any of the land or other land.

(5) In this section—

  • “legislation” means—

    (a)

    an Act, or

    (b)

    a Measure or Act of the National Assembly for Wales;

  • 10“statutory provision” means a provision of—

    (a)

    legislation, or

    (b)

    an instrument made under legislation.

77 Procedure for including land in list

(1) Land in a local authority’s area which is of community value may be included
15by 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
local authority, means a nomination which—

(a) 20nominates 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
council’s area,

(ii) 25by 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) Regulations under subsection (1)(b) may (in particular) permit land to be
30included in a local authority’s list of assets of community value—

(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) 35the 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
40considering whether land should be included in its list of assets of community
value.

78 Procedure on community nominations

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

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(2) The authority must consider the nomination.

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

(a) is in the authority’s area, and

(b) is of community value.

(4) 5If 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
community value.

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

(6) 10If 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
land could not be included in its list of assets of community value.

79 Notice of inclusion or removal

(1) Subsection (2) applies where land—

(a) 15is included in, or

(b) removed from,

a 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) 20the owner of the land,

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

(c) if 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
25by the appropriate authority.

(3) A notice under subsection (2) of inclusion of land in the list must describe the
provision 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

(b) 30the right to ask for review under section 80.

(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
notice under subsection (2) including (in particular) provision about—

(a) 35its 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) for whom the local authority does not have both a name and an
40address.

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80 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
land in the list.

(2) 5If 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),

the authority concerned must review its decision.

(3) 10Where 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) If the decision on a review under subsection (2) is that the land concerned
15should 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
nomination—

(i) 20the 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
procedure to be followed in connection with a review under this section.

(6) 25Regulations 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) provision as to the circumstances in which the person asking for the
30review 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.

List of land nominated by unsuccessful community nominations

81 List of land nominated by unsuccessful community nominations

(1) 35A local authority must maintain a list of land in its area that has been
nominated by an unsuccessful community nomination (see sections 78(5) and
80(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) 40Where 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
include the reasons given under section 78(6) or 80(3)(b) for not including the
land in the authority’s list of assets of community value.

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

(b) 5contents 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) 10different 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 assets of
15community 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.

Provisions common to both lists

82 20Publication 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) The appropriate authority may by regulations make provision about how the
25duty 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) a copy of its list of land nominated by unsuccessful community
30nominations.

(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
35unsuccessful 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.

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Moratorium on disposing of listed land

83 Moratorium

(1) A person who is 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
5each of conditions A to C is met.

(2) Condition A is that that particular person has notified the local authority in
writing of that person’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
10having received during that period, from any community interest
group, a written request (however expressed) for the group to be
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) 15Subsection (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) In subsections (3) and (4)—

  • “community interest group” means a person specified, or of a description
    specified, in regulations made by the appropriate authority,

  • 20“the full moratorium period”, in relation to a relevant disposal, means the
    prescribed period beginning with the date on which the local authority
    receives notification under subsection (2) in relation to the disposal,

  • “the interim moratorium period”, in relation to a relevant disposal, means
    the prescribed period beginning with the date on which the local
    25authority receives notification under subsection (2) in relation to the
    disposal, and

  • “the protected period”, in relation to a relevant disposal, means the
    prescribed period beginning with the date on which the local authority
    receives notification under subsection (2) in relation to the disposal.

(7) 30In subsection (6) “prescribed” means prescribed by regulations made by the
appropriate authority, and—

(a) the 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) 35the period prescribed for the purposes of the definition of the protected
period must not be shorter than the period prescribed for the purposes
of the definition of the full moratorium period.

(8) For the meaning of “relevant disposal”, and for when a relevant disposal is
entered into, see section 84.

84 40Meaning of “relevant disposal” etc in section 83

(1) This section applies for the purposes of section 83.

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