The Playing Fields (Community Involvement in Disposal Decisions) (Wales) Regulations 2015

Exceptions

4.—(1) The requirements contained in regulations 5 to 10 do not apply where—

(a) the proposed decision to dispose relates to the grant of an interest in the playing field, or any part of the playing field, that does not have an adverse impact on the use of the playing field as a sports or recreational facility by the public;

(b) the playing field is to be retained as a sports or recreational facility for use by the public, whether or not such use is subject to a payment, and the proposed disposal is to be made to—

(i) a local authority; or

(ii) a body whose aims or objectives include the promotion of sporting or recreational activities;

(c) a county or county borough council has consulted on the proposed decision to dispose of the playing field under section 48(2) of the 2013 Act;

(d) the Welsh Ministers have consulted on the proposed decision to dispose of the playing field under section 72(1) of the 2013 Act; or

(e) the proposed decision to dispose of a playing field or any part of a playing field is pending.

(2) For the purposes of paragraph (1)(e), a proposed decision to dispose is pending where—

(a) the local authority has published a notice of disposal in accordance with section 123(2A) of the Local Government Act 1972(1) prior to these Regulations coming into force; and

(b) the local authority enters into an agreement to dispose, or completes the disposal, of the playing field referred to within that notice within 12 months following the first publication of that notice.

(1)

1972 c. 80.