National Parks and Access to the Countryside Act 1949

104 General provisions as to appropriation and disposal of land. E+W+S

(1) The following provisions of this section shall have effect with respect to the disposal or appropriation by any local authority of land which has been acquired by them under this Act or appropriated by them for purposes for which land can be aquired under this Act, and is for the time being held by the authority for the purposes for which it was acquired or appropriated.

(2) Subject to the provisions of subsections (5) and (6) of this section—

(a) where any such land was acquired or appropriated by the authority for a purpose involving the disposal thereof by the authority or for a purpose which in the opinion of the authority can best be achieved by the disposal thereof, or which can be achieved consistently with the disposal thereof, they may dispose of the land to such person, in such manner and subject to such conditions as may appear to the authority to be expedient in order to secure that the land will be best dealt with having regard to the purpose for which it was acquired;

(b) where any such land is no longer required for the purpose for which it is held, the authority may dispose thereof to such person, in such manner and subject to such conditions as may appear to the authority to be expedient, having regard to the nature and situation of the land, in order to secure the best use of the land.

(3) Subject to the provisions of subsection (5) of this section, the authority may appropriate any such land, where the land is no longer required for the purpose for which it is held, for any other purpose for which the authority are or may be authorised in any capacity to acquire land under this Act or by or under any other enactment.

(4) In relation to an appropriation under the last foregoing subsection, [F1 subsection (4) of section 122 of the M1 Local Government Act 1972], . . . F2 (which relate to the operation of section sixty-eight of the M2 Lands Clauses Consolidation Act 1845, and to adjustments in accounts) shall have effect as they have effect in relation to appropriations under those sections respectively.

(5) The consent of the Minister shall be requisite to any disposal or appropriation of land by a local authority under this section, and may be given as respects either a particular disposal or appropriation or disposals or appropriations of any class, and either subject to or free from any conditions or limitations.

(6) The consent of the Minister to a sale by a local authority under this section of the freehold in any land, or to a lease by them thereunder of any land for a term of more than ninety-nine years, shall not be given unless he is satisfied that there are exceptional circumstances which render the disposal of the land in that manner expedient as mentioned in subsection (2) of this section.

(7), (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(9) In this section references to disposal of land shall be construed as references to disposal thereof in any manner (otherwise than by appropriation) whether by way of sale, exchange or lease, by the creation of any easement, right or privilege, or in any other manner, except disposal by way of gift, mortgage or charge.

(10) In relation to any such land as is mentioned in subsection (1) of this section, this section shall have effect to the exclusion of the provisions of [F1 subsections (1) to (3), (5) and (6) of section 122 and section 123 of the M3 Local Government Act 1972], . . . F2 , [F4 or of sections 73 and 74 of the M4 Local Government (Scotland) Act 1973].

[F5 (11) [F1 Section 153 of the M5 Local Government Act 1972], . . . F2 (which relate to the application of capital money received from the disposal of land), and section one hundred and sixty-eight of the Local Government (Scotland) Act, 1947 (so far as it relates to the application of such money), shall have effect as respects capital money received in respect of transactions under the provisions of this section relating to the disposal of land as they have effect as respects capital money received in respect of such transactions as are mentioned in those sections respectively.]

(12) In the application of this section to Scotland, the following provision shall be substituted for subsection (4) of this section, that is to say—

“(4) on any appropriation being made under the last foregoing subsection proper adjustments in respect thereof shall be made in the accounts of the authority”,

and the following provision shall be substituted for subsection (9) of this section, that is to say—

“(9) In this section references to disposal of land shall be construed as references to disposal thereof in any manner (otherwise than by appropriation), whether by way of sale, feu, excambion or lease, by the creation of any servitude, right or privilege, or in any other manner except disposal by way of gift or in security”;

and subsections (6), (7) and (8) shall be omitted.

Textual Amendments

F1 Words substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 272(2)

F2 Words repealed by London Government Act 1963 (c. 33, SIF 81:1), Sch. 18 Pt. II

F3 Ss. 104(7)(8), 105 repealed by Local Government Act 1974 (c. 7, SIF 81:1), Sch. 8

F4 Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 104

F5 S. 104(11) repealed (S.) by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Modifications etc. (not altering text)

C1 S. 104 extended by Countryside Act 1968 (c. 41, SIF 46:1), s. 46(1), excluded by ibid., Sch. 2 para. 4(2)

C2 s. 104 amended (E.W.) (19.9.1995) by 1995 c. 25, ss. 68(9), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Marginal Citations

M1 1972 c. 70.

M2 1845 c. 18.

M3 1972 c. 70.

M4 1973 c. 65.

M5 1972 c. 70.