PART 8Public authority land

207Engagement with public authorities in relation to proposals to dispose of land

1

A Minister of the Crown must, in developing proposals for the disposal of the Minister's interest in any land, engage on an ongoing basis with—

a

each local authority in whose area the land is situated, and

b

each public authority that is specified, or of a description specified, in regulations.

2

A relevant public authority must, in developing proposals for the disposal of the authority's interest in any land, engage on an ongoing basis with other relevant public authorities.

3

In subsection (2), “relevant public authority” means a public authority that is specified, or of a description specified, in regulations.

4

A person who is subject to a duty under subsection (1) or (2) must have regard to any guidance given by the Minister for the Cabinet Office about how the duty is to be complied with.

5

Subsections (1) and (2) do not apply in relation to proposals in respect of land that is specified, or of a description specified, in regulations.

6

Regulations under subsection (3) may not be made so as to require a public authority to carry out engagement under subsection (2)—

a

in relation to proposals for the disposal of an interest in land in Scotland, unless the authority is—

i

a body to which paragraph 3 of Part 3 of Schedule 5 to the Scotland Act 1998 applies, or

ii

Her Majesty's Revenue and Customs, F4...

F1b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36A

Regulations under subsection (3) may not be made so to require a devolved Welsh authority to carry out engagement under subsection (2).

7

In this section—

  • “interest” means a freehold or leasehold interest;

  • “local authority” means—

    1. a

      a county council,

    2. b

      a county borough council,

    3. c

      a district council,

    4. d

      a London borough council,

    5. e

      a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

    6. f

      the Common Council of the City of London (in its capacity as a local authority),

    7. g

      the Council of the Isles of Scilly, or

    8. h

      the council for a local government area in Scotland;

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);

  • “public authority” means a person with functions of a public nature;

  • “regulations” means regulations made by the Minister for the Cabinet Office.

  • F2“devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).