- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (20/03/1995)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 06/04/2010
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Local Government Act 1972, Section 123 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subject to the following provisions of this section, a principal council may dispose of land held by them in any manner they wish.
(2)Except with the consent of the Secretary of State, a council shall not dispose of land under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.
[F1(2A)A principal council may not dispose under subsection (1) above of any land consisting or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.
(2B)Where by virtue of subsection (2A) above a council dispose of land which is held—
(a)for the purpose of section 164 of the Public Health Act 1875 (pleasure grounds); or
(b)in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),
the land shall by virtue of the disposal be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.]
F2(3)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists—
(a)of the grant of a term not exceeding seven years, or
(b)of the assignment of a term which at the date of the assignment has not more than seven years to run,
and in this section “public trust land” has the meaning assigned to it by section 122(6) above.
Textual Amendments
F1S. 123(2A)(2B) inserted by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1, 2), s. 118, Sch. 23 Pt. V para. 14
F2S. 123(3)(4)(5) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XIII
F3S. 123(6) repealed (with savings in S.I. 1990/431, Sch. 1 para. 1(a)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 Pt. I (and as saved, amended (1.8.1993) by 1993 c. 10, s. 98(1), 99(1), Sch. 6 para. 12(3)).
Modifications etc. (not altering text)
C1S. 123 excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 76(11), 137(6), 189(6), 231(7), 235(6)
S. 123 excluded (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 39(8); S.I. 1992/831, art. 2, Sch. 1
S. 123 excluded (1.1.1994) by 1993 c. 35, s. 41(7) (with s. 155(11)); S.I. 1993/3106, art. 4, Sch. 1 (with Sch. 2 para. 7(3))
S. 123 excluded (1.11.1996) by 1996 c. 56, ss. 204(7), 583(2) (with s. 1(4))
S. 123 excluded (1.10.1998) by 1998 c. 31, s. 77(6)(9) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I
S. 123 excluded (W.) (1.9.2001) by S.I. 2001/2678, reg. 16, Sch. 4 para. 21(5)
S. 123 excluded by Greenham and Crookham Commons Act 2002 (c. i), s. 18(11) (with ss. 38, 39) (the amendment coming into force in accordance with s. 1(2)-(4) of the amending Act)
C2S. 123 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2
S. 123 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2
C3S. 123: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2
S. 123: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2
S. 123: certain functions transferred (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 3(3)
C4S. 123 extended (3.4.1995) by 1994 c. 19, s. 51(6) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 8, Sch. 4
S. 123 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 1(1)(a)(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
C5S. 123: power to make provisions about matters of the kind dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(vii); S.I. 1997/1930, art. 2(1)(2)(m)
C6S. 123 applied (with modifications) (20.11.2006) by The Devon and Somerset Fire and Rescue Authority (Combination Scheme) Order 2006 (S.I. 2006/2790), art. 2, Sch. para. 15
C7S. 123 excluded (25.5.2007) by The School Organisation (Transitional Provisions) (England) Regulations 2007 (S.I. 2007/1355), regs. 40 46, {Sch. 4 para. 12(5)}
S. 123 restricted (1.11.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 26(3)(a), 245; S.I. 2007/3136, art. 2(a)
C8S. 123(2) excluded by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 26(5)(b)
S. 123(2) excluded (1.10.1993) by 1993 c. 35, s. 285; S.I. 1993/1975, art. 9, Sch. 1
S. 123(2) excluded (21.7.1994) by 1994 c. xi, s. 51(1)
S. 123(2) excluded (1.11.1996) by 1996 c. 56, ss. 75, 583(2) (with s. 1(4))
S. 123(2) excluded (1.9.1999) by 1998 c. 31, s. 22(7), Sch. 3 para. 12 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
S. 123(2) excluded (26.7.2002) by Education Act 1996 (c. 56), s. 482(6), Sch. 35A para. 10(2) (as inserted (26.7.2002) by Education Act 2002 (c. 32), s. 65, Sch. 7 Pt. 1 para. 1 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2
C9S. 123(2) applied (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 11(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 123(2) applied (1.4.1995) by S.I. 1995/401, art. 16(2)
C10S. 123(2) restricted (28.7.2000) by 2000 c. 21, ss. 131, 154(5)(c), Sch. 8 para. 9(1)
C11S. 123(2A) applied (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(b), Sch. 13 para. 11(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 123(2A) applied (1.4.1995) by S.I. 1995/401, art. 16(2)
C12S. 123(2A) restricted (28.7.2000) by 2000 c. 21, ss. 131, 154(5)(c), Sch. 8 para. 9(2)
C13S. 123(2A) excluded (26.7.2002) by Education Act 1996 (c. 56), s. 482(6), Sch. 35A para. 10(3) (as inserted (26.7.2002) by Education Act 2002 (c. 32), s. 65, Sch. 7 Pt. 1 para. 1 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2
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