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Changes over time for: Section 109


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Version Superseded: 01/10/1996
Status:
Point in time view as at 02/01/1992. This version of this provision has been superseded.

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Changes to legislation:
Housing Act 1988, Section 109 is up to date with all changes known to be in force on or before 06 March 2025. 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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109 Public open space etc.E+W
(1)To the extent that any land held—
(a)for the purposes 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),
is included in an acquisition under this Part, it shall be deemed to be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with that section.
(2)Nothing in section 5 of the Green Belt (London and Home Counties) Act 1938 (restrictions on alienation of land by local authorities) applies in relation to a disposal of land included in an acquisition under this Part.
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