Localism Bill (HL Bill 100)

Localism BillPage 90

(a) an actual current use of the building or other land that is not an
ancillary use furthers the social wellbeing or social interests of the local
community, and

(b) it is realistic to think that there can continue to be non-ancillary use of
5the building or other land which will further (whether or not in the
same way) the social wellbeing or social interests of the local
community.

(2) For the purposes of this Chapter but subject to regulations under subsection
(3), a building or other land in a local authority’s area that is not land of
10community value as a result of subsection (1) is land of community value if in
the opinion of the local authority—

(a) there is a time in the recent past when an actual use of the building or
other land that was not an ancillary use furthered the social wellbeing
or interests of the local community, and

(b) 15it is realistic to think that there is a time in the next five years when there
could be non-ancillary use of the building or other land that would
further (whether or not in the same way as before) the social wellbeing
or social interests of the local community.

(3) The appropriate authority may by regulations—

(a) 20provide 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
description specified in the regulations;

(b) provide 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
25specified in the regulations considers that the building or other land is
of a description specified in the regulations.

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

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

(a) 30the 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) any use to which any of the land or other land has been, is being or
could be put;

(e) 35statutory 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) any price, or value for any purpose, of any of the land or other land.

(6) 40In this section—

  • “legislation” means—

    (a)

    an Act, or

    (b)

    a Measure or Act of the National Assembly for Wales;

  • “social interests” includes (in particular) each of the following—

    (a)

    45cultural interests;

    (b)

    recreational interests;

    (c)

    sporting interests;

  • “statutory provision” means a provision of—

    Localism BillPage 91

    (a)

    legislation, or

    (b)

    an instrument made under legislation.

89 Procedure for including land in list

(1) Land in a local authority’s area which is of community value may be included
5by a local authority in its list of assets of community value only—

(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) 10nominates 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) 15by a community council in respect of land in Wales in the
community council’s area, or

(iii) by a person that is a voluntary or community body with a local
connection.

(3) Regulations under subsection (1)(b) may (in particular) permit land to be
20included in a local authority’s list of assets of community value in response to
a nomination other than a community nomination.

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

(a) the meaning in subsection (2)(b)(iii) of “voluntary or community body”;

(b) the conditions that have to be met for a person to have a local
25connection for the purposes of subsection (2)(b)(iii);

(c) the contents of community nominations;

(d) the 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) 30The appropriate authority may by regulations make provision for, or in
connection with, the procedure to be followed where a local authority is
considering whether land should be included in its list of assets of community
value.

90 Procedure on community nominations

(1) 35This section applies if a local authority receives a community nomination.

(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) 40If 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.

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(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
5land could not be included in its list of assets of community value.

91 Notice of inclusion or removal

(1) Subsection (2) applies where land—

(a) is included in, or

(b) removed from,

10a 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) 15if 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,

but where it appears to the authority that it is not reasonably practicable to give
20a notice under this subsection to a person to whom it is required to be given,
the authority must instead take reasonable alternative steps for the purpose of
bringing the notice to the person’s attention.

(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) 25the consequences for the land and its owner of the land’s inclusion in
the list, and

(b) the right to ask for review under section 92.

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

92 30Review 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) If a request is made—

(a) 35under 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) Where under subsection (2) an authority reviews a decision, the authority must
40notify the person who asked for the review—

(a) of the decision on the review, and

(b) of the reasons for the decision.

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(4) If 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) 5where the land was included in the list in response to a community
nomination—

(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) 10The appropriate authority may by regulations make provision as to the
procedure 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
15of appropriate seniority who was not involved in the original decision;

(c) provision 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.

20List of land nominated by unsuccessful community nominations

93 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 90(5) and
92(4)(b)(i)).

(2) 25The 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—

(a) may (but need not) be removed from the list by the authority after it has
30been in the list for 5 years, and

(b) while it is in the list, is to include the reasons given under section 90(6)
or 92(3)(b) for not including the land in the authority’s list of assets of
community value.

(4) Subject to any provision made by or under this Chapter, it is for a local
35authority to decide the form and contents of its list of land nominated by
unsuccessful community nominations.

Provisions common to both lists

94 Publication and inspection of lists

(1) A local authority must publish—

(a) 40its list of assets of community value, and

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

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(2) 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
5nominations.

(3) 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.

(4) A local authority must provide a free copy of its list of land nominated by
10unsuccessful 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.

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

Moratorium on disposing of listed land

95 15Moratorium

(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
each of conditions A to C is met.

(2) Condition A is that that particular person has notified the local authority in
20writing 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
having received during that period, from any community interest
group, a written request (however expressed) for the group to be
25treated 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—

(a) if the disposal is by way of gift (including a gift to trustees of any trusts
30by way of settlement upon the trusts),

(b) if the disposal is by personal representatives of a deceased person in
satisfaction of an entitlement under the will, or on the intestacy, of the
deceased person,

(c) if the disposal is by personal representatives of a deceased person in
35order to raise money to—

(i) pay debts of the deceased person,

(ii) pay taxes,

(iii) pay costs of administering the deceased person’s estate, or

(iv) pay pecuniary legacies or satisfy some other entitlement under
40the will, or on the intestacy, of the deceased person,

(d) if the person, or one of the persons, making the disposal is a member of
the family of the person, or one of the persons, to whom the disposal is
made,

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(e) if the disposal is a part-listed disposal of a description specified in
regulations made by the appropriate national authority, and for this
purpose “part-listed disposal” means a disposal of an estate in land—

(i) part of which is land included in a local authority’s list of assets
5of community value, and

(ii) part of which is land not included in any local authority’s list of
assets of community value,

(f) if the disposal is of an estate in land on which a business is carried on
and is at the same time, and to the same person, as a disposal of that
10business as a going concern,

(g) if the disposal is occasioned by a person ceasing to be, or becoming, a
trustee,

(h) if the disposal is by trustees of any trusts—

(i) in satisfaction of an entitlement under the trusts, or

(ii) 15in exercise of a power conferred by the trusts to re-settle trust
property on other trusts,

(i) if the disposal is occasioned by a person ceasing to be, or becoming, a
partner in a partnership, or

(j) in cases of a description specified in regulations made by the
20appropriate 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,

  • “the full moratorium period”, in relation to a relevant disposal, means the
    25six months 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 six weeks beginning with the date on which the local authority
    receives notification under subsection (2) in relation to the disposal,
    30and

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

(7) For the purposes of subsection (5)(d), a person (“M”) is a member of the family
35of another person if M is—

(a) that other person’s spouse or civil partner, or

(b) a lineal descendant of a grandparent of that other person.

(8) For the purposes of subsection (7)(b) a relationship by marriage or civil
partnership is to be treated as a relationship by blood.

(9) 40For the meaning of “relevant disposal”, and for when a relevant disposal is
entered into, see section 96.

96 Meaning of “relevant disposal” etc in section 95

(1) This section applies for the purposes of section 95.

(2) A disposal of the freehold estate in land is a relevant disposal of the land if it is
45a disposal with vacant possession.

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

(4) If 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
5becomes binding.

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

(6) In 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
10least 25 years to run.

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

97 Publicising receipt of notice under section 95(2)

(1) This section applies if a local authority receives notice under section 95(2) in
respect of land included in the authority’s list of assets of community value.

(2) 15The authority must cause the entry in the list for the land to reveal—

(a) that notice under section 95(2) has been received in respect of the land,

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

(c) the ends of the initial moratorium period, the full moratorium period
and the protected period that apply under section 95 as a result of the
20notice.

(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
the matters mentioned in subsection (2)(a), (b) and (c).

(4) The authority must make arrangements for those matters to be publicised in
25the area where the land is situated.

98 Informing owner of request to be treated as bidder

(1) Subsection (2) applies if—

(a) after a local authority has received notice under section 95(2) in respect
of land included in the authority’s list of assets of community value,
30and

(b) before the end of the interim moratorium period that applies under
section 95 as a result of the notice,

the authority receives from a community interest group a written request
(however expressed) for the group to be treated as a potential bidder in relation
35to the land.

(2) The authority must, as soon after receiving the request as is practicable, either
pass on the request to the owner of the land or inform the owner of the details
of the request.

(3) In this section “community interest group” means a person who is a
40community interest group for the purposes of section 95(3) as a result of
regulations made under section 95(6) by the appropriate authority.

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99 Compensation

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

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

(a) 5provide 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
to conditions, including conditions as to time limits;

(c) make provision about—

(i) 10who 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) the amount, or calculation, of compensation under the
15regulations;

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

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

(vii) appeals against decisions made under the regulations.

20Miscellaneous

100 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
25Land Charges Act 1975.

101 Enforcement

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

(a) with a view to preventing, or reducing the likelihood, of contraventions
of section 95(1);

(b) 30as to the consequences applicable in the event of contraventions of
section 95(1).

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

(a) provision for transactions entered into in breach of section 95(1) to be
set aside or to be ineffective;

(b) 35provision 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) 40In subsection (3) “legislation” means—

(a) an Act, or

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

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102 Co-operation

If different parts of any land are in different local authority areas, the local
authorities concerned must co-operate with each other in carrying out
functions under this Chapter in relation to the land or any part of it.

103 5Advice 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
appropriate 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
10made under, this Chapter so far as applying in relation to
England, or

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

(b) to a community interest group in relation to doing any of the
15following—

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

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

(iii) 20preparing 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
particular—

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

(b) 25the 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) In this section—

(a) the reference to giving advice or assistance includes providing training
30or education,

(b) “community interest group” means a person who is a community
interest group for the purposes of section 95(3) as a result of regulations
made under section 95(6) by the Secretary of State, and

(c) the reference to the provision of financial assistance is to the provision
35of financial assistance by any means (including the making of a loan
and the giving of a guarantee or indemnity).

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

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

(a) 40to 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
Wales, or

(ii) preparing to, or considering or deciding whether to, take steps
45within sub-paragraph (i), or

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

(i) bidding for, or acquiring, land in Wales 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 Welsh Ministers 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 Welsh Ministers
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 95(3) as a result of regulations
20made under section 95(6) by the Welsh Ministers, 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).

105 Crown application

25This Chapter binds the Crown.

Interpretation of Chapter

106 Meaning of “local authority”

(1) In this Chapter “local authority” in relation to England means—

(a) a district council,

(b) 30a county council for an area in England for which there are no district
councils,

(c) a London borough council,

(d) the Common Council of the City of London, or

(e) the Council of the Isles of Scilly.

(2) 35The Secretary of State may by order amend this section for the purpose of
changing the meaning in this Chapter of “local authority” in relation to
England.

(3) In this Chapter “local authority” in relation to Wales means—

(a) a county council in Wales, or

(b) 40a county borough council.

(4) The Welsh Ministers may by order amend this section for the purpose of
changing the meaning in this Chapter of “local authority” in relation to Wales.