Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill (Volume I)
Part 4 — Community empowerment
Chapter 4 — Assets of community value
54

(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)
if the land was included in the list in response to a community
5
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
provision made by and under this Chapter, drawing particular attention to—
10
(a)
the 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 76.
(4)
A notice under subsection (2) of removal of land from the list must state the
reasons for the removal.
15
(5)
The appropriate authority may by regulations make further provision about a
notice 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—
20
(i)
to whom it is required to be given, but
(ii)
for whom the local authority does not have both a name and an
address.
76
Review of decision to include land in list
(1)
The owner of land included in a local authority’s list of assets of community
25
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)
under subsection (1), and
(b)
in accordance with the time limits (if any) provided for in regulations
30
under subsection (5),

the 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
35
(b)
of the reasons for the decision.
(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
40
(b)
where 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.
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Localism Bill (Volume I)
Part 4 — Community empowerment
Chapter 4 — Assets of community value
55

(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)
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
5
of 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.
10
List of land nominated by unsuccessful community nominations
77
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 74(5) and
76(4)(b)(i)).
15
(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
include the reasons given under section 74(6) or 76(3)(b) for not including the
20
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)
the form in which the list is to be kept;
25
(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)
cases where land is to be included in the list and—
30
(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)
combination of the list with the local authority’s list of assets of
35
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.
Provisions common to both lists
40
78
Publication and inspection of lists
(1)
A local authority must publish—

Localism Bill (Volume I)
Part 4 — Community empowerment
Chapter 4 — Assets of community value
56

(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
duty under subsection (1) is to be discharged.
(3)
A local authority must at a place in its area make available, for free inspection
5
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
nominations.
(4)
A local authority must provide a free copy of its list of assets of community
10
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
unsuccessful 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
15
the same version of the list.
(6)
In this section “free” means free of charge.
Moratorium on disposing of listed land
79
Moratorium
(1)
An owner of land included in a local authority’s list of assets of community
20
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
owner’s wish to enter into a relevant disposal of the land.
(3)
Condition B is that either—
25
(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
be treated as a potential bidder in relation to the land, or
(b)
the full moratorium period has ended.
30
(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)
In subsection (3)—
“community interest group” means a person specified, or of a description
35
specified, in regulations made by the appropriate authority,
“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
40
the prescribed period beginning with the date on which the local
authority receives notification under subsection (2) in relation to the
disposal, and

Localism Bill (Volume I)
Part 4 — Community empowerment
Chapter 4 — Assets of community value
57

“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)
In subsection (6) “prescribed” means prescribed by regulations made by the
appropriate authority, and—
5
(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)
the period prescribed for the purposes of the definition of the protected
period must not be shorter than the period prescribed for the purposes
10
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 80.
80
Meaning of “relevant disposal” etc in section 79
(1)
This section applies for the purposes of section 79.
15
(2)
A 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.
20
(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
becomes binding.
(5)
Subject to subsection (4), a relevant disposal within subsection (2) or (3) is
entered into when it takes place.
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(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
least 25 years to run.
(7)
The appropriate authority may by order amend this section.
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Publicising receipt of notice under section 79(2)
30
(1)
This section applies if a local authority receives notice under section 79(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 79(2) has been received in respect of the land,
(b)
the date when the authority received the notice, and
35
(c)
the ends of the initial moratorium period, the full moratorium period
and the protected period that apply under section 79 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
40
the 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.