Infrastructure Bill (HL Bill 2)

Infrastructure BillPage 70

18 In section 100 (conduct of business) after subsection (2) insert—

(2A) Subsections (1) and (2) apply to all functions of the registrar, whether
or not conferred by this Act.

19 In section 106(1) (incidental powers of registrar in relation to companies)
5after “Schedule 5,” insert “or under the Local Land Charges Act 1975,”.

20 In paragraph 4 of Schedule 7 (indemnity for members of the land registry in
relation to functions relating to land registration) after “land registration”
insert “or local land charges”.

Part 3 10Amendments to other Acts

Law of Property Act 1925 (c. 20)1925 (c. 20)

21 In section 198(1) of the Law of Property Act 1925 (registration in local land
charges register to be notice) for “any local land charges register” substitute
“the local land charges register”.

15Requisitioned Land and War Works Act 1948 (c. 17)1948 (c. 17)

22 In section 14 of the Requisitioned Land and War Works Act 1948
(registration of rights as to government oil pipelines)—

(a) in subsections (1) and (4)(b) omit “appropriate”,

(b) in subsection (1) for “authority keeping that register that authority”
20substitute “Chief Land Registrar, the Chief Land Registrar”, and

(c) in subsection (4) for “a local land charges register” substitute “the
local land charges register”.

Cheshire County Council Act 1953 (c. xl)

23 In section 25(3) of the Cheshire County Council Act 1953 (notice preventing
25building next to proposed street to be void unless registered as a local land
charge) omit the words from “Provided that” to “local land charge”.

Land Powers (Defence) Act 1958 (c. 30)1958 (c. 30)

24 The Land Powers (Defence) Act 1958 is amended as follows.

25 In section 12 (extension of provisions of Requisitioned Land and War Works
30Acts) in each of subsections (2) and (5) for “appropriate register of local land
charges” substitute “local land charges register”.

26 In section 17 (registration of wayleave orders and restrictions under section
16)—

(a) in subsections (2)(a), (2A) and (3)(b) omit “appropriate”,

(b) 35in subsection (2A) for “authority keeping that register” substitute
“Chief Land Registrar”, and

(c) in subsection (3) for “a local land charges register” substitute “the
local land charges register”.

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Rights of Light Act 1959

27 The Rights of Light Act 1959 is amended as follows.

28 (1) Section 2 (registration of notice in lieu of obstruction of access of light) is
amended as follows.

(2) 5In subsection (1) for “local authority in whose area the dominant building is
situated” substitute “Chief Land Registrar”.

(3) In subsection (2) omit “be in the prescribed form and shall”.

(4) In subsection (3) after “accompanied by” insert “ a copy of”.

(5) In subsection (4)—

(a) 10for “a local authority” substitute “the Chief Land Registrar”,

(b) for “that authority” substitute “the Chief Land Registrar”,

(c) omit “appropriate”, and

(d) in paragraph (b) for “5(1) and (2)” substitute “5(2)”.

29 In section 3(2)(c) (period for which notice has effect)—

(a) 15after “expires without” insert “a copy of”, and

(b) for “local authority” substitute “Chief Land Registrar”.

30 In section 7(1) (interpretation)—

(a) for the definition of “prescribed” substitute—

  • “prescribed” means prescribed by rules under section
    2014 of the Local Land Charges Act 1975;, and

(b) omit the definition of “local authority”.

31 In consequence of the amendment made by paragraph 30(b), in Schedule 1
to the Local Land Charges Act 1975 omit paragraph (c) of the amendments
to the Rights of Light Act 1959.

25Leasehold Reform Act 1967 (c. 88)1967 (c. 88)

32 In section 19(10) of the Leasehold Reform Act 1967 (registration of scheme or
certificate under section 19 in appropriate local land charges register) in the
opening words omit “appropriate”.

Land Compensation Act 1973 (c. 26)1973 (c. 26)

33 30In section 52(9) of the Land Compensation Act 1973 (registration of advance
payment of compensation in appropriate local land charges register) omit
“appropriate”.

Interpretation Act 1978 (c. 30)1978 (c. 30)

34 In Schedule 1 to the Interpretation Act 1978 (words and expressions defined)
35in the entry containing definitions of “local land charges register” and “the
appropriate local land charges register”—

(a) for “a register” substitute “the register”, and

(b) omit the words from “and “the appropriate local land charges
register”” to the end of that entry.

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Highways Act 1980 (c. 66)1980 (c. 66)

35 In paragraph 9(a) of Schedule 9 to the Highways Act 1980 (notification of
revocation of improvement line or building line) for the words from “the
council” to “is situated” substitute “the Chief Land Registrar”.

5Disused Burial Grounds (Amendment) Act 1981 (c. 18)1981 (c. 18)

36 In section 2(4) of the Disused Burial Grounds (Amendment) Act 1981
(requirement to deposit copy of order of Secretary of State dispensing with
requirements as to human remains with registering authority) for the words
from “deposited with” to “1975)” substitute “sent to the Chief Land
10Registrar,”.

Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)1981 (c. 66)

37 In section 3(4) of the Compulsory Purchase (Vesting Declarations) Act 1981
(registration of preliminary notice) for the words from “registered” to the
end of the subsection substitute “sent to the Chief Land Registrar, and the
15notice shall be a local land charge”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)1993 (c. 28)

38 In section 70(12) of the Leasehold Reform, Housing and Urban Development
Act 1993 (consequence of registration of scheme in appropriate local land
charges register) in the opening words omit “appropriate”.

20Local Government (Wales) Act 1994 (c. 19)1994 (c. 19)

39 In Schedule 17 to the Local Government (Wales) Act 1994 (savings and
transitional provision) omit paragraph 11 (local land charges registers).

Part 4 Transitional provision

25Power for Parts 1 and 3 to be applied gradually to local authority areas

40 (1) Parts 1 and 3 of this Schedule have effect in relation to the area of a local
authority if (and only if)—

(a) the Chief Land Registrar gives notice in writing to the local authority
that, on and after the date specified in the notice, those Parts will
30have effect in relation to that area, and

(b) before that date, the notice is publicised in such manner as the Chief
Land Registrar thinks is likely to bring the arrangements under the
Local Land Charges Act 1975 as amended by Part 1 of this Schedule
to the attention of persons who are likely to want to apply to register
35local land charges in, or to search, the register of local land charges
after that Part has effect in relation to that area.

(2) The Chief Land Registrar may withdraw a notice under sub-paragraph (1)
(“the original notice”) by a notice in writing which—

(a) is given before the date specified in the original notice to the
40authorities to whom the original notice was given, and

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(b) is publicised before that date in such manner as the Chief Land
Registrar thinks is likely to bring the withdrawal to the attention of
the persons to whom the original notice was publicised.

(3) If, in accordance with this paragraph, the Chief Land Registrar gives a notice
5under sub-paragraph (1) which is not withdrawn, Parts 1 and 3 have effect
in relation to the area specified in the notice on and after the date specified
in it.

(4) This paragraph does not prevent the making of rules under section 14 of the
Local Land Charges Act 1975 as amended by Part 1 of this Schedule in
10relation to the operation of that Act as amended by that Part; but such rules
have effect in relation to the area of a local authority if (and only if) that Part
has effect in relation to that area in accordance with this paragraph.

Duty of local authorities to assist Chief Land Registrar

41 A local authority must provide the Chief Land Registrar with such
15information or other assistance as the Chief Land Registrar reasonably
requires for the purposes of enabling Part 1 of this Schedule to have effect in
relation to the area of that authority.

Continuity of functions

42 (1) This paragraph and paragraph 43 apply where Parts 1 and 3 of this Schedule
20have effect in relation to the area of a local authority by virtue of paragraph
40.

(2) Anything done or omitted to be done by or in relation to the local authority
and in relation to the old register which is in force or effective immediately
before the relevant date is to be treated as done or omitted to be done by or
25in relation to the Chief Land Registrar and in relation to the new register.

(3) There may be continued by or in relation to the Chief Land Registrar
anything (including legal proceedings) that relates to the old register and is
in the process of being done by or in relation to the local authority
immediately before the relevant date.

30Compensation

43 (1) The amendments in Part 1 of this Schedule to section 10(1) and (2) of the
Local Land Charges Act 1975 (compensation for non-registration or
defective official search certificate) and to section 16(1) of that Act so far as it
applies to that section do not have effect in relation to a search of the old
35register made before the relevant date.

(2) Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover
from the local authority an amount equal to any compensation which the
Chief Land Registrar is liable to pay under section 10 of the Local Land
Charges Act 1975 in consequence of—

(a) 40the authority’s failure before the relevant date to register, or register
correctly, a local land charge in the old register,

(b) the authority’s failure before the relevant date to satisfy an
entitlement to search in the old register conferred by section 8 of that
Act as mentioned in subsection (1A) of that section, or

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(c) the omission of a local land charge from an official search certificate
issued by the authority before the relevant date.

(3) Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover
from the local authority an amount equal to any compensation which the
5Chief Land Registrar is liable to pay under section 10 of the Local Land
Charges Act 1975 where—

(a) an act or omission of the Chief Land Registrar gives rise to that
liability, but

(b) that act or omission is in consequence of a failure by the authority to
10provide any information about a charge registered in the old register.

(4) Sub-paragraph (5) applies where—

(a) the Chief Land Registrar’s liability arises as a result of the local
authority’s failure before the relevant date—

(i) to register, or register correctly, a local land charge in the old
15register, or

(ii) to provide any information about a local land charge
registered in the old register to the Chief Land Registrar,

(b) the local authority is not the originating authority in relation to the
charge, and

(c) 20the originating authority—

(i) did not apply for registration of the charge in time for it to be
practicable for the local authority to register it before the
relevant date, or

(ii) made an error in applying to register the charge, or in
25applying for the registration of the charge to be varied or
cancelled.

(5) Where this sub-paragraph applies, the Chief Land Registrar may recover an
amount equal to the compensation from the originating authority (and may
not recover such an amount from the local authority).

(6) 30Sub-paragraph (7) applies where compensation for loss under section 10 of
the Local Land Charges Act 1975 is paid by the Chief Land Registrar in the
circumstances described in any of sub-paragraphs (2) to (4).

(7) No part of the amount paid, or of any corresponding amount paid to the
Chief Land Registrar by the local authority or originating authority under
35any of those sub-paragraphs, is to be recovered by the Chief Land Registrar,
the local authority or originating authority from any other person except as
provided by any of sub-paragraphs (2) to (4) or under a policy of insurance
or on grounds of fraud.

(8) Subsections (5) and (6) of section 10 of the Local Land Charges Act 1975 do
40not apply where compensation for loss under that section is paid by the
Chief Land Registrar in the circumstances described in any of sub-
paragraphs (2) to (4).

Interpretation

44 (1) In this Part of this Schedule—

  • 45“local authority” means—

    (a)

    a district council,

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    (b)

    a county council in England for an area for which there is no
    district council,

    (c)

    a county council in Wales,

    (d)

    a county borough council,

    (e)

    5a London borough council,

    (f)

    the Common Council of the City of London, or

    (g)

    the Council of the Isles of Scilly;

  • “the old register”, in relation to a local authority, means the local land
    charges register kept by the authority under the Local Land Charges
    10Act 1975 before the relevant date;

  • “the new register” means the local land charges register kept by the
    Chief Land Registrar under the Local Land Charges Act 1975;

  • “the relevant date”, in relation to a local authority, means the date on
    which Parts 1 and 3 of this Schedule first had effect in relation to the
    15authority’s area.

(2) For the purposes of this Part of this Schedule the area of the Common
Council of the City of London includes the Inner Temple and the Middle
Temple.

(3) Expressions used in this Part of this Schedule and in the Local Land Charges
20Act 1975 have the same meaning as in that Act.

Section 26

SCHEDULE 5 Community electricity right regulations

Part 1 The right to buy

25“Right to buy regulations”

1 In this Schedule “right to buy regulations” means regulations under
subsection (1) of section 26.

Kinds of facilities in relation to which right to buy exercisable

2 (1) Right to buy regulations must specify the kind, or kinds, of renewable
30electricity generation facilities in relation to which the right to buy is to be
exercisable.

(2) The regulations must secure that the right to buy is not to be exercisable in
relation to a renewable electricity generation facility if the total installed
capacity of the facility is expected to be less than 5 megawatts.

(3) 35The regulations may specify a kind of renewable electricity generation
facility by reference to one or more of the following factors—

(a) the renewable source of energy used at the facility;

(b) the technology used to generate electricity at the facility;

(c) the electricity generation capacity of the facility;

(d) 40whether the facility is a land-based facility or an offshore facility.

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Identification of qualifying facilities

3 (1) Right to buy regulations must make provision enabling those renewable
electricity generation facilities which are qualifying facilities to be identified.

(2) The regulations may make provision enabling the following to be
5identified—

(a) different renewable electricity generation facilities located at the
same site;

(b) any facility at that site which is a qualifying facility.

(3) The regulations may make provision enabling the following to be identified
10in cases where there is expansion at a site where a renewable electricity
generation facility is located—

(a) any new renewable electricity generation facility created by the
expansion;

(b) any facility at that site which is a qualifying facility (including any
15existing facility which becomes a qualifying facility because its total
installed capacity is expected to be 5 megawatts or more as a result
of the expansion).

(4) Right to buy regulations may make provision about cases in which the right
to buy is not to be exercisable in relation to a renewable electricity generation
20facility which would otherwise be a qualifying facility (an “excepted
facility”).

(5) The functions that may be conferred by regulations under sub-paragraph (4)
(in accordance with section 27(1)) include—

(a) the function of determining whether or not a renewable electricity
25generation facility is an excepted facility;

(b) the function of specifying that a particular renewable electricity
generation facility is an excepted facility.

(6) The regulations may provide for an excepted facility to be identified by
reference to one or more of the following factors—

(a) 30community ownership of the facility;

(b) community ownership of a stake in the facility;

(c) non-participation in a statutory energy scheme (whether or not there
could be participation in the scheme in respect of the facility).

The promoter

4 (1) 35Right to buy regulations must make provision enabling the promoter of a
qualifying facility to be identified in a case where the promoter is not, or is
not expected to become, the facility operator.

(2) In this paragraph “promoter” means a person developing a qualifying
facility.

40The community

5 (1) Right to buy regulations must make provision enabling the following to be
identified—

(a) the community in which a land-based facility is located;

(b) the community adjacent to which an offshore facility is located.

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(2) A community must be a geographical area which is—

(a) wholly in England, wholly in Wales or wholly in Scotland;

(b) partly in England and partly in Wales; or

(c) partly in England and partly in Scotland.

(3) 5A community may be identified by reference to one or more of the following
factors—

(a) distance measured from the facility or some other point (such as a
point on a coastline adjacent to an offshore facility);

(b) the number of residents;

(c) 10administrative boundaries of any kind.

The members of the community

6 (1) Right to buy regulations must make provision enabling the following to be
identified—

(a) individuals who may exercise the right to buy;

(b) 15groups who may exercise the right to buy.

(2) The individuals who may exercise the right to buy may be identified by
reference to one or more of the following factors—

(a) how old an individual is;

(b) how long an individual has been resident in the community;

(c) 20whether the community is an individual’s only (or main) place of
residence.

(3) Right to buy regulations may specify the kind, or kinds, of individuals who
may not exercise the right to buy.

(4) Those kinds of individuals may be identified by reference to one or more of
25the following factors—

(a) whether an individual is, or has been, bankrupt or subject to any
other kind of arrangement relating to indebtedness;

(b) whether an individual has been convicted of a criminal offence
involving fraud;

(c) 30whether an individual is connected with—

(i) the designated promoter or facility operator, or

(ii) bodies or individuals connected with the designated
promoter or facility operator.

(5) The groups who may exercise the right to buy may be identified by reference
35to one or more of the following factors—

(a) the legal form of the group;

(b) the constitution, structure and management of the group;

(c) the criteria for membership of the group (including criteria relating
to residence);

(d) 40the members of the group;

(e) the aims of the group;

(f) the activities of the group (including economic activities);

(g) the geographical area or areas in which, or in relation to which, the
group operates;

(h) 45the treatment of income and profits of the group;

(i) the treatment of assets of the group (including on its dissolution);

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(j) whether the group is connected with—

(i) the designated promoter or facility operator, or

(ii) bodies or individuals connected with the designated
promoter or facility operator.

(6) 5The provision that may be made about membership, or members, of the
group under sub-paragraph (5)(c) or (d) includes provision of any kind that
may be made under sub-paragraph (2) or (4) about individuals.

(7) Right to buy regulations may specify the kind, or kinds, of groups who may
not exercise the right to buy.

(8) 10Regulations under this paragraph may make provision about which persons
are connected with which other persons for the purposes of any such
regulations.

(9) The regulations may provide that one person (“A”) is connected with
another person (“B”) by virtue of—

(a) 15a direct or indirect connection;

(b) connections arising from employment or office-holding, from family
relationships, or from financial arrangements;

(c) A being the parent of B or another person connected with B;

(d) A being a subsidiary of B or another person connected with B.

20Kinds of stake which may be bought through the right to buy

7 (1) Right to buy regulations must specify the kinds of stakes in qualifying
facilities which may be bought through the right to buy.

(2) A stake may take any of the following forms—

(a) one or more shares in a company;

(b) 25any other interest in a body other than a company;

(c) an equitable interest;

(d) a right to a royalty related to revenues;

(e) a loan.

(3) Right to buy regulations may make provision about the rights, obligations,
30powers and other terms attaching to a stake.

Particular kind of stake which may be bought in particular facility

8 (1) Right to buy regulations must require the designated promoter or facility
operator to choose the kind, or kinds, of stake in a qualifying facility that are
to be available through the right to buy.

(2) 35The regulations must give the designated promoter or facility operator a
choice of at least two different kinds of stake in relation to a qualifying
facility.

(3) The regulations must require the designated promoter or facility operator—

(a) to carry out a consultation before choosing which kind, or kinds, of
40stake are to be available, and

(b) to take the results of that consultation into account in making the
choice.

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The price of the stakes

9 (1) Right to buy regulations must make provision about setting the price of the
available stakes in a qualifying facility.

(2) In making the regulations, the Secretary of State must have regard to the
5desirability of the prices of available stakes reflecting a measure of fair value.

(3) In this paragraph “available stakes”, in relation to a qualifying facility,
means the stakes in the qualifying facility that are to be offered through the
right to buy.

Total value of the offer

10 (1) 10Right to buy regulations must require the offer to consist of stakes whose
combined price is—

(a) equal to, or

(b) greater than,

the minimum amount described in the regulations.

(2) 15That minimum amount must be expressed as a percentage of the total capital
costs of development of a qualifying facility.

(3) That percentage must not exceed 5%.

(4) The regulations may make provision about—

(a) the kinds of costs that are capital costs of development of a qualifying
20facility;

(b) calculation of the total capital costs of development of a qualifying
facility.

(5) The provision about calculation of the total capital costs may provide for the
total—

(a) 25to be calculated by reference to a period ending after the time of the
calculation (including a period ending with commissioning of the
facility);

(b) to include costs which have not been incurred at the time of the
calculation;

(c) 30to include estimated costs.

(6) In this paragraph—

  • “combined price”, in relation to the stakes offered through the right to
    buy, means the total which the amounts to be paid for all of those
    stakes will add up to (assuming those stakes are all bought);

  • 35“offer” means the offer of stakes in a qualifying facility through the
    right to buy.

Buying a stake

11 (1) Right to buy regulations must make provision about the procedure for
exercising the right to buy in relation to a qualifying facility (the “purchase
40procedure”).

(2) The purchase procedure must identify what stake or stakes—

(a) the individuals resident in the community, and

(b) the groups connected with the community,