Local Government, Planning and Land Act 1980

98 Disposal of land at direction of Secretary of State. E+W

(1) The Secretary of State may direct a body to whom this Part of the is Act for the time being applies—

(a) to take steps for the disposal of the interest held by them in any land which [F1 for the time being satisfies the conditions specified in section 95(2) above] or any lesser interest in such land; or

(b) to ensure that a subsidiary of theirs takes steps for the disposal of the interest held by the subsidiary in any land which [F2 for the time being satisfies those conditions] or any lesser interest in such land,

being, in either case, steps which it is necessary to take to dispose of the interest and which it is in their power to take.

(2) A direction under this section may specify the steps to be taken for the disposal of an interest in land and the terms and conditions on which an offer to dispose of it is to made.

[F3 (2A) A direction under this section may include provision that no disposal of an interest to which the direction relates shall, while the direction remains unrevoked, be made in favour of a person or body who—

(a) is specified, or is of a description specified, in the direction, and

(b) is at the date the disposal is proposed to be made associated with the body to whom the direction is given.]

(3) A direction under this section may be varied or revoked by a further direction.

(4) The power to give directions conferred by this section is in addition to and not in derogation from any such power to the grant of an interest in land.

(5) In this section and section 99 below references to the disposal of an interest in land include references to the grant of an interest in land.

[F4 (6) In subsection (2A) above references to a disposal of interest include references to a contract to disposa of an interest, and references to making a disposal include references to entering into such a contract.

(7) For the purposes of subsection (2A) above a person is associated with a body if (but only if)—

(a) he is a member of the body or of a subsidiary of the body, or

(b) he is a nominee of the body or of a subsidiary of the body.

(8) For the purposes of subsection (2A) above a body is associated with another body if (but only if)—

(a) the other body, or a subsidiary of the other body, is a member of it,

(b) any of its members is also a member of the otherbody or of a subsidiary of the other body, or

(c) any of its members is a nominee of the other body or of a subsidiary of the other body

(9) Notwithstanding section 100(1) below, in subsections (7) and (8) above “subsidiary” has trhe same meaning as in [F5 section 1159 of the Companies Act 2006].]

Textual Amendments

F1 Words in s. 98(1)(a) substituted (11.10.1993) by 1993 c. 28, s. 176(1)(a); S.I. 1993/2134, art.4

F2 Words in s. 98(1)(b) substituted (11.10.1993) by 1993 c. 28, s. 176(1)(b); S.I. 1993/2134, art. 4

F3 S. 98(2A) inserted by Local Government Act 1988 (c. 9, SIF 81:1), s. 31(2), Sch. 5 para. 4(2)

F4 S. 98(6)–(9) inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 31(2), Sch. 5 para. 4(3)

F5 Words in s. 98(9) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 46(2) (with art. 10)

Modifications etc. (not altering text)

C1 S. 98 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 5

C2 S. 98(3) restricted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 31(2), Sch. 5 para. 4(4)