http://www.legislation.gov.uk/id/ukpga/1982/30

http://www.legislation.gov.uk/ukpga/1982/30/section/41/2023-12-26

Local Government (Miscellaneous Provisions) Act 1982

An Act to make amendments for England and Wales of provisions of that part of the law relating to local authorities or highways which is commonly amended by local Acts; to make provision for the control of sex establishments; to make further provision for the control of refreshment premises and for consultation between local authorities in England and Wales and fire authorities with regard to fire precautions for buildings and caravan sites; to repeal the Theatrical Employers Registration Acts 1925 and 1928; to make further provision as to the enforcement of section 8 of the Public Utilities Street Works Act 1950 and sections 171 and 174 of the Highways Act 1980; to make provision in connection with the computerisation of local land charges registers; to make further provision in connection with the acquisition of land and rights over land by boards constituted in pursuance of section 1 of the Town and Country Planning Act 1971 or reconstituted in pursuance of Schedule 17 to the Local Government Act 1972; to exclude from the definition of “construction or maintenance work” in section 20 of the Local Government, Planning and Land Act 1980 work undertaken by local authorities and development bodies pursuant to certain agreements with the Manpower Services Commission which specify the work to be undertaken and under which the Commission agrees to pay the whole or part of the cost of the work so specified; to define “year” for the purposes of Part III of the said Act of 1980; to amend section 140 of the Local Government Act 1972 and to provide for the insurance by local authorities of persons voluntarily assisting probation committees; to make provision for controlling nuisance and disturbance on educational premises; to amend section 137 of the Local Government Act 1972; to make further provision as to arrangements made by local authorities under the Employment and Training Act 1973; to extend the duration of certain powers to assist industry or employment conferred by local Acts; to make corrections and minor improvements in certain enactments relating to the local administration of health and planning functions; and for connected purposes.

1982-08-01

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Statute Law Database

2024-05-17

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2023-12-26

Part XII Miscellaneous

C1 C2 C3 C8 C9 C10 C11 C1241 Lost and uncollected property.

1

This section has effect where—

a

property comes into the possession of a local authority after being found on buildings or premises owned or managed by them; or

b

property which has been deposited with a local authority is not collected from them in accordance with the terms under which it was deposited.

2

Where—

a

property is found on any building or premises owned or managed by a local authority; and

b

it is subsequently handed over to the authority,

any right of possession of the property which was vested in a person by virtue of its having been found is extinguished.

3

If—

a

the local authority gives the owner or, as the case may be, the depositor of the property notice in writing—

i

that they require him to collect the property by a date specified in the notice; and

ii

that if he does not do so the property will vest in the local authority on that date; and

b

he fails to comply with the notice,

the property shall vest in the local authority on the specified date.

4

The date to be specified in a notice under subsection (3) above shall be not less than one month from the date of the notice.

5

Where it appears to the local authority, on the date when property comes into their possession as mentioned in paragraph (a) of subsection (1) above, that it is impossible to serve a notice under subsection (3) above, the property shall vest in the authority one month from that date.

6

Where the local authority are satisfied after reasonable inquiry that it is impossible to serve a notice under subsection (3) above in relation to any property, it shall vest in them six months from the relevant date.

7

Where—

a

any property is of a perishable nature; or

b

to look after it adequately would involve the local authority in unreasonable expense or inconvenience,

the authority may sell or otherwise dispose of it at such time and in such manner as they think fit.

8

Where property is sold or otherwise disposed of under subsection (7) above—

a

any person to whom the property is transferred shall have a good title to it; and

b

any proceeds of sale shall vest in the local authority on the day when the property would have vested in them under this section if it had not been sold.

9

Where any property which came into the possession of a local authority as mentioned in paragraph (a) of subsection (1) above vests in the authority under this section, the authority may give the whole or any part of the property to the person through whom it came into their possession.

10

Where the proceeds of sale of property which came into the possession of a local authority as mentioned in the said paragraph (a) vest in the authority under this section, the authority may make a payment not exceeding the value of the property to the person through whom it came into their possession.

11

Where property is claimed by its owner or depositor before it vests in a local authority under this section, he may collect it on payment to the local authority of any sum which they require him to pay in respect of costs incurred by them—

a

in making inquiries for the purposes of this section or serving any notice under subsection (3) above; and

b

in looking after the property adequately.

12

This section shall not apply to any property which is found—

a

on an aerodrome or in an aircraft on an aerodrome;

b

in a public service vehicle; or

F6c

on any premises belonging to or under the control of Transport for London or of any of its subsidiaries (within the meaning of the Greater London Authority Act 1999).

13

In this section—

“aerodrome” has the meaning assigned to it by section 28(1) of the M1 Civil Aviation Act 1968;
“local authority” means—
1. a
  a local authority as defined in section 270(1) of the M2Local Government Act 1972; and
2. b
  a board constituted in pursuance of F1section 2 of the Town and Country Planning Act M31990F7...; and
3. bb
  F2the Broads Authority; and
4. c
  the Common Council of the City of London; F3and
5. ca
  F9a police and crime commissioner; and
6. caa
  F9the Mayor's Office for Policing and Crime; and.
7. cb
  F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. d
  F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. e
  C4 C5a joint authority established by Part IV of the Local Government Act 1985;
10. eza
  F8an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
11. ezb
  a combined authority established under section 103 of that Act;
12. ezba
  F14a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
13. ezc
  F11a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
14. ea
  F10... F12and
15. f
  F13the London Fire Commissioner;
“public service vehicle” has the meaning assigned to it by section 1 of the M4Public Passenger Vehicles Act 1981;
“the relevant date” means—
1. a
  in relation to property which came into the possession of a local authority as mentioned in paragraph (a) of subsection (1) above, the date when it came into their possession; and
2. b
  in relation to uncollected property,—
  1. i
    the date when the local authority accepted custody of it; or
  2. ii
    the date when the period for which it was deposited with them expired,
whichever is the later.

Part XII Miscellaneous

C1C2C3C8C9C10C11C1241 Lost and uncollected property.

1

a

b

2

a

b

3

a

i

ii

b

4

5

6

7

a

b

8

a

b

9

10

11

a

b

12

a

b

F6c

13

C1 C2 C3 C8 C9 C10 C11 C1241 Lost and uncollected property.