C1C2 Part VII Miscellaneous Powers of Local Authorities

Annotations:
Modifications etc. (not altering text)
C2

Pt. VII (ss. 111-146) extended by Water Industry Act 1991 (c. 56, SIF 130), ss. 83(2), 219(3)

Land transactions — principal councils

C3C4C5C6C9C14C15C23C17C18C26C16C19C25C21123 Disposal of land by principal councils.

1

Subject to the following provisions of this section, F4and to those of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010, a principal council may dispose of land held by them in any manner they wish.

C7C10C11C20C22C272

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.

C8C12C13C24C22F12A

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.

F52AA

Subsection (2A) does not apply to a disposal to which the provisions of regulations made under section 1 of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010 apply.

2B

Where by virtue of subsection (2A) above F6or in accordance with the provisions of regulations made under section 1 of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010. 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.

F23

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F36

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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.