The Police Act 1997 (Provisions in relation to the NCIS Service Authority) Order 1998

PART I LAND

Acquisition of land by agreement by the Authority

I1.—(1) For the purposes of any of its functions the Authority may acquire by agreement any land.

(2) The Authority may acquire by agreement any land for any purpose for which it is authorised by this Order or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this paragraph may be used for the purpose of any of the Authority’s functions.

(3) References in the foregoing provisions of this article to acquisition by agreement are references to acquisition for money or money’s worth, as purchaser or lessee.

Disposal of land by the Authority

I2.—(1) Subject to the following provisions of this article, the Authority may dispose of land held by it in any manner it wishes.

(2) Except with the consent of the Secretary of State, the Authority shall not dispose of land under this article, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

(3) For the purposes of this article 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.

Consents to land transactions by the Authority and protection of purchasers

I3.—(1) Where the consent of the Secretary of State is required under article 12 above, that consent may be given—

(a) in relation to any particular transaction or transactions or in relation to a particular class of transactions; and

(b) either unconditionally or subject to such conditions as the Secretary of State may specify (either generally, or in relation to any particular transaction or transactions or class of transactions).

(2) Where under the foregoing provisions of this Part or under any other enactment the Authority purport to acquire, appropriate or dispose of land, then—

(a) in favour of any person claiming under the Authority, the acquisition, appropriation or disposal so purporting to be made shall not be invalid by reason that any consent of the Secretary of State which is required thereto has not been given or that any requirement as to advertisement or consideration of objections has not been complied with, and

(b) a person dealing with the Authority or a person claiming under the Authority shall not be concerned to see or enquire whether any such consent has been given or whether any such requirement has been complied with.

(3) A decision of the Secretary of State under this article shall be final.

Savings

I4.—(1) Nothing in the foregoing provisions of this Part shall authorise the disposal of any land by the Authority in breach of any trust, covenant or agreement which is binding upon it.

(2) Nothing in the foregoing provisions of this Part shall affect the operation of section 36 of the Charities Act 1993(1) (restrictions on dispositions of charity land) and, in particular none of those provisions shall be treated as giving any such authority for a transaction as is referred to in section 36(9)(a) of that Act (certain statutorily authorised transactions not to require the sanction of the Charity Commissioners).

Registration of land holdings

I5.—(1) The Secretary of State may compile and maintain a register, in such form as he may think fit, of land which satisfies the conditions specified in paragraph (2) below.

(2) The conditions mentioned in paragraph (1) above are—

(a) that a freehold or leasehold interest in the land is owned by the Authority;

(b) that in the opinion of the Secretary of State the land is not being used or not being sufficiently used for the purposes of the performance of the Authority’s functions or of carrying on its undertaking.

(3) The Secretary of State may enter on the register any such land satisfying the conditions specified in paragraph (2) above as he may think fit.

Public access to information

I6.—(1) The Secretary of State shall send to the Authority—

(a) a copy of the register maintained under article 15; and

(b) such amendments to it as he may from time to time consider appropriate.

(2) It shall be the duty of the Authority when amendments to the register are sent under paragraph (1)(b) above to incorporate the amendments in its copy of the register.

(3) A copy of a register sent to the Authority under this article shall be available at the Authority’s principal office for inspection by any member of the public at all reasonable hours.

(4) If any member of the public requires the Authority to supply him with a copy of any information contained in such a copy of a register, the Authority shall supply him with a copy of that information on payment of such reasonable charge for making it as the Authority may determine.

Information about entries

I7.—(1) Where land is entered on a register under article I5(3) above, the Secretary of State shall as soon as is reasonably practicable after entering the land send a copy of the information included in the register in relation to the land to the Authority.

(2) Where land is entered on a register under article I5(3) above and the Secretary of State amends the information included in the register in relation to the land, he shall as soon as is reasonably practicable after amending the information send a copy of the amended information to the Authority, if it appears from the register that the Authority owns a freehold or leasehold interest in the land.

(3) The fact that the Secretary of State must send anything to the Authority under article 16 above does not displace any duty of his to send anything to the Authority under paragraph (1) or (2) above.

(4) Paragraph (5) below applies where a copy sent under paragraph (1) or (2) above has been received by the Authority.

(5) If at any time the Authority becomes aware that any information in the only or latest copy received by it is or has become inaccurate, it shall as soon as is reasonably practicable after becoming so aware inform the Secretary of State that the information is inaccurate and give him (so far as it is able) the corrected information.

(6) Paragraph (5) above does not apply if, when the Authority becomes so aware, the land concerned is no longer entered on a register under article I5(3) above.

Secretary of State’s power to require information

I8.  The Secretary of State may direct the Authority to inform him whether it holds a freehold or leasehold interest in land which is specified, or is of a description specified, in the direction.

Disposal of land at direction of Secretary of State

I9.—(1) The Secretary of State may direct the Authority to take steps for the disposal of the interest held by it in any land which for the time being satisfies the conditions specified in article 15(2) above 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 its power to take.

(2) A direction under this article 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 be made.

(3) A direction under this article 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.

(4) A direction under this article may be varied or revoked by a further direction.

(5) The power to give directions conferred by this article is in addition to and not in derogation from any such power conferred by any other enactment.

(6) In this article and article 110 below references to the disposal of an interest in land include references to the grant of an interest in land.

(7) In paragraph (3) above references to a disposal of an interest include references to a contract to dispose of an interest, and references to making a disposal include references to entering into such a contract.

(8) For the purposes of paragraph (3) 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.

(9) For the purposes of paragraph (3) 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 other body or 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.

(10) In paragraphs (7) and (8) above “subsidiary” has the same meaning as in section 736(1) of the Companies Act 1985(2).

Directions to dispose of land-supplementary

I10.—(1) Before giving a direction to the Authority under article 19 above, the Secretary of State shall give it notice of his proposal to give the direction and of its proposed contents.

(2) The Authority, on receipt of a notice under paragraph (1) above may make representations to the Secretary of State as to why the proposed direction should not be given or as to its proposed contents.

(3) If the Authority does not make such representations within a period of 42 days from the date of the notice, or within such longer period as the Secretary of State may in any particular case allow, the Secretary of State may give the direction as proposed.

(4) If the Authority has made representations under paragraph (2) above, the Secretary of State may not give a direction unless he is satisfied that the interest to which the direction would relate can be disposed of in the manner in which and on the terms and conditions on which he proposes that it shall be disposed of without serious detriment to the performance of the Authority’s functions or the carrying on of its undertaking.

(5) The Secretary of State need not give notice under paragraph (1) above as regards a further direction revoking a previous direction given under article 19 above.

(6) The Secretary of State need not give notice under paragraph (1) above as regards a further direction varying a previous direction given under article 19 above if—

(a) the variation consists only of one which omits part of the land to which the previous direction relates, or

(b) the variation is stated in the further direction to consist only of one which is made to take account of a representation of the Authority.

(7) The contents of a direction under article 19 above may differ from its proposed contents contained in a notice given under paragraph (1) above if—

(a) the difference consists only of a variation which omits part of the land referred to in the proposed contents, or

(b) the difference is stated in the direction to consist only of a variation which is made to take account of a representation of the Authority;

and the words “as proposed” in paragraph (3) above shall have effect accordingly.

(8) Where the Secretary of State by order substitutes a period specified in the order for the period of 42 days specified in subsection (3) of section 99 of the Local Government, Planning and Land Act 1980(3) that substituted period shall also be substituted for the period of 42 days (or such other period as may have been earlier substituted) under paragraph (3) above.

Power of entry

I11.—(1) A person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of helping the Secretary of State to decide whether to give a direction under article 19 above in relation to the land.

(2) A person may not enter land under this article unless at least 21 clear days' notice in writing of the intended entry has been given to every person who is an owner or occupier.

(3) In this article “owner”, in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding, or entitled to the rents and profits of, the land under a lease or agreement.

(1)

1993 c. 10.

(2)

1985 c. 6.

(3)

1980 c. 65.