(1) For the purposes of this Chapter land of community value is a sporting asset of community value if in the opinion of the relevant local authority the land comprises a sports ground within the meaning of the Safety of Sports Grounds Act 1975 (see section 17 of that Act).
(2) In this Chapter, the “relevant local authority” in relation to land of community value is the local authority on whose list of assets of community value the land is listed.
(1) Land in a local authority’s area which is of community value may be included by a local authority in its list of assets of community value only—
(a) in response to a community nomination,
(b) where permitted by regulations made by the Secretary of State, or
(c) where a local authority is required to do so under section 86G(4)(a).
(2) For the purposes of this Chapter “community nomination”, in relation to a local authority, means a nomination which—
(a) nominates land in the local authority’s area for inclusion in the local authority’s list of assets of community value, and
(b) is made—
(i) by a parish council in respect of land in the parish council’s area, or
(ii) a person that is a voluntary or community body with a local connection.
(3) Regulations under subsection (1)(b) may (in particular) permit land to be included in a local authority’s list of assets of community value in response to a nomination other than a community nomination.
(4) The Secretary of State may by regulations make provision as to—
(a) the meaning in subsection (2)(b)(ii) of “voluntary or community body”;
(b) the conditions that have to be met for a person to have a local connection for the purposes of subsection (2)(b)(ii);
(c) the contents of community nominations;
(d) the contents of any other nominations which, as a result of regulations under subsection (1)(b), may give rise to land being included in a local authority’s list of assets of community value.
(5) The Secretary of State may by regulations make provision for, or in connection with, the procedure to be followed where a local authority is considering whether land should be included in its list of assets of community value.
(1) This section applies if a local authority receives a community nomination.
(2) The authority must consider the nomination.
(3) The authority must accept the nomination if the land nominated—
(a) is in the authority’s area, and
(b) is of community value.
(4) If the authority is required by subsection (3) to accept the nomination, the authority must cause the land to be included in the authority’s list of assets of community value.
(5) The nomination is unsuccessful if subsection (3) does not require the authority to accept the nomination.
(6) If the nomination is unsuccessful, the authority must give, to the person who made the nomination, the authority’s written reasons for its decision that the land could not be included in its list of assets of community value.
(1) Subsection (2) applies where in accordance with this Chapter land—
(a) is included in, or
(b) removed from,
a local authority’s list of assets of community value.
(2) The authority must if reasonably practicable give written notice of the inclusion or removal to the following persons—
(a) the owner of the land,
(b) the occupier of the land if the occupier is not also the owner,
(c) if the land was included in the list in response to a community nomination, the person who made the nomination, and
(d) any person specified, or of a description specified, in regulations made by the Secretary of State.
(3) A notice under subsection (2) of inclusion of land in the list must describe the provision made by and under this Chapter, drawing particular attention to—
(a) the consequences for the land and its owner of the land’s inclusion in the list, and
(b) the right to ask for review under section 86H.
(4) A notice under subsection (2) of removal of land from the list must state the reasons for the removal.
(5) Where land is to be removed from a local authority’s list of assets of community value, any notice given under subsection (2) must be given at least six months before the date on which it is to be removed.
86G Requirements of local authorities: sporting assets of community value
(1) Where a local authority includes land in its list of assets of community value in accordance with section 86D(1)(a) or (b), the authority must—
(a) consider whether the land is a sporting asset of community value, and
(b) if it considers it is, include the land in the category of the list for sporting assets of community value.
(2) A local authority must—
(a) by the end of the initial review period, and
(b) as soon as reasonably practicable after each review date,
consider whether there is any land in its area (whether or not already in its list of assets of community value) which in the opinion of the authority falls within subsection (3).
(3) Land falls within this subsection if it is both—
(a) land of community value, and
(b) a sporting asset of community value.
(4) Where land falls within subsection (3), the local authority must—
(a) include the land in its list of assets of community value (if not already so included), and
(b) include the land in the category of the list for sporting assets of community value.
(5) A local authority must if reasonably practicable notify each interested person in writing where land is included in the category of the list of assets of community value for sporting assets of community value.
(6) A notice under subsection (5) must draw attention to—
(a) the consequences for the land and its owner of the land’s inclusion in that category of the list for sporting assets of community value,
(b) the right to ask for a review under section 86H of the inclusion of the land in that category of the list, and
(c) the ability for land falling within section 86B(3) in relation to a sporting asset of community value to be included in the list of assets of community value.
(7) In this section—
“initial review period” means the period of six months beginning with the day on which this section comes into force;
“interested person” in relation to land means—
the owner of the land,
the occupier of the land if the occupier is not also the owner, and
if the land was included in the list of assets of community value in response to a community nomination, the person who made the nomination;
“review date” means the end of the period of five years beginning with—
for the purposes of calculating the first review date, the end of the initial review period;
for the purposes of calculating each subsequent review date, the previous review date.
(1) The owner of land included in a local authority’s list of assets of community value may ask the authority to review the authority’s decision to include the land in the list.
(2) The owner of land included in a local authority’s list of assets of community value as a sporting asset of community value may ask the authority to review the authority’s decision to include the land in that category of the list.
(3) A voluntary or community body who made a community nomination to a local authority in relation to land may ask the authority to review a decision not to include the land in the list.
(4) If a request is made—
(a) under subsection (1), (2) or (3), and
(b) in accordance with the time limits (if any) provided for in regulations under subsection (9),
the authority concerned must review its decision.
(5) Where under subsection (4) an authority reviews a decision, the authority must notify the person who asked for the review—
(a) of the decision on the review, and
(b) of the reasons for the decision.
(6) If the decision on a review under subsection (4) is that the land concerned should not have been included in the authority’s list of assets of community value—
(a) the authority must remove the entry for the land from the list, and
(b) where the land was included in the list in response to a community nomination—
(i) the nomination becomes unsuccessful, and
(ii) the authority must give a written copy of the reasons mentioned in subsection (5)(b) to the person who made the nomination.
(7) If the decision on a review under subsection (4) is that the land concerned should not have been included in the authority’s list of assets of community value as a sporting asset of community value the authority must remove the entry for the land from that category of the list.
(8) If the decision on a review under subsection (4) is that the land concerned should have been included in the authority’s list of assets of community value, the authority must cause the land to be included in the list.
(9) The Secretary of State may by regulations make provision as to the procedure to be followed in connection with a review under this section.
(10) Regulations under subsection (9) may (in particular) include provision—
(a) as to time limits;
(b) requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision;
(c) as to the circumstances in which the person asking for the review is entitled to an oral hearing, and whether and by whom that person may be represented at the hearing;
(d) for appeals against the decision on the review.
86I List of land nominated by unsuccessful community nominations
(1) A local authority must maintain a list of land in its area that has been nominated by an unsuccessful community nomination (see sections 86E(5) and 86H(6)(b)(i)).
(2) The list maintained under subsection (1) by a local authority is to be known as its list of land nominated by unsuccessful community nominations.
(3) Where land is included in a local authority’s list of land nominated by unsuccessful community nominations, the entry in the list for the land—
(a) may (but need not) be removed from the list by the authority after it has been in the list for 5 years, and
(b) while it is in the list, is to include the reasons given under section 86E(6) or 86H(5)(b) for not including the land in the authority’s list of assets of community value.
(4) Subject to any provision made by or under this Chapter, it is for a local authority to decide the form and contents of its list of land nominated by unsuccessful community nominations.
(1) A local authority must publish—
(a) its list of assets of community value, and
(b) its list of land nominated by unsuccessful community nominations.
(2) A local authority must at a place in its area make available, for free inspection by any person, both—
(a) a copy of its list of assets of community value, and
(b) a copy of its list of land nominated by unsuccessful community nominations.
(3) A local authority must provide a free copy of its list of assets of community value to any person who asks it for a copy, but is not required to provide to any particular person more than one free copy of the same version of the list.
(4) A local authority must provide a free copy of its list of land nominated by unsuccessful community nominations to any person who asks it for a copy, but is not required to provide to any particular person more than one free copy of the same version of the list.
(5) In this section “free” means free of charge.
(1) A person who is an owner of land included in a local authority’s list of assets of community value (“the owner of land of community value”) must not enter into a relevant disposal of all or part of the land unless the disposal is made in accordance with the provisions of this Chapter.
(2) Subsection (1) does not apply in relation to a relevant disposal of land—
(a) if the disposal is by way of gift (including a gift to trustees of any trusts by way of settlement upon the trusts),
(b) if the disposal is by personal representatives of a deceased person in satisfaction of an entitlement under the will, or on the intestacy, of the deceased person,
(c) if the disposal is by personal representatives of a deceased person in order to raise money to—
(i) pay debts of the deceased person,
(ii) pay taxes,
(iii) pay costs of administering the deceased person’s estate, or
(iv) pay pecuniary legacies or satisfy some other entitlement under the will, or on the intestacy, of the deceased person,
(d) if the person, or one of the persons, making the disposal is a member of the family of the person, or one of the persons, to whom the disposal is made,
(e) if the disposal is a part-listed disposal of a description specified in regulations made by the Secretary of State, and for this purpose “part-listed disposal” means a disposal of an estate in land—
(i) part of which is land included in a local authority’s list of assets of community value, and
(ii) part of which is land not included in any local authority’s list of assets of community value,
(f) if the disposal is of an estate in land on which a business is carried on and is at the same time, and to the same person, as a disposal of that business as a going concern,
(g) if the disposal is occasioned by a person ceasing to be, or becoming, a trustee,
(h) if the disposal is by trustees of any trusts—
(i) in satisfaction of an entitlement under the trusts, or
(ii) in exercise of a power conferred by the trusts to re-settle trust property on other trusts,
(i) if the disposal is occasioned by a person ceasing to be, or becoming, a partner in a partnership, or
(j) in cases of a description specified in regulations made by the Secretary of State.
(3) For the purposes of subsection (2)(d), a person (“M”) is a member of the family of another person if M is—
(a) that other person’s spouse or civil partner, or
(b) a lineal descendant of a grandparent of that other person.
(4) For the purposes of subsection (3)(b) a relationship by marriage or civil partnership is to be treated as a relationship by blood.
(5) For the meaning of “relevant disposal”, and for when a relevant disposal is entered into, see section 86L.
(1) This section applies for the purposes of this Chapter.
(2) A disposal of the freehold estate in land is a relevant disposal of the land if it is a disposal with vacant possession.
(3) A grant or assignment of a qualifying leasehold estate in land is a relevant disposal of the land if it is a grant or assignment with vacant possession.
(4) If a relevant disposal within subsection (2) or (3) is made in pursuance of a binding agreement to make it, the disposal is entered into when the agreement becomes binding.
(5) Subject to subsection (4), a relevant disposal within subsection (2) or (3) is entered into when it takes place.
(6) In this section “qualifying leasehold estate” , in relation to any land, means an estate by virtue of a lease of the land for a term which, when granted, had at least 25 years to run.
(7) The Secretary of State may by regulations amend this section.
86M Notice of proposed sale: community right to buy
(1) The owner of land of community value must give the relevant local authority written notice of the owner’s wish to enter into a relevant disposal of the land.
(2) A notice under subsection (1) must identify the estate or estates in land which is or are to be disposed of or granted or assigned by the relevant disposal (“the relevant estate in land”).
(3) Where a notice is given under subsection (1), the owner must not enter into a relevant disposal of the land unless the disposal—
(a) is of the relevant estate in land, and
(b) is to the preferred community buyer.
(4) Subsection (3) does not apply or ceases to apply if—
(a) there is no preferred community buyer (see section 86N(2)),
(b) the relevant local authority has determined that the preferred community buyer does not meet the progress requirements after any of the review periods (see section 86U), or
(c) the preferred community buyer—
(i) does not offer to buy the relevant estate in land at the price agreed with the owner by the end of the negotiation period (see section 86S(4)), and
(ii) does not offer to buy the relevant estate in land at the value price by the end of the offer period (see section 86T(8)).
(5) Where a case falls within any of subsections (4)(a) to (c)—
(a) the owner may enter into a relevant disposal of the land to any person within the permitted sale period;
(b) if no such disposal is entered into within that period, a new notice must be given in accordance with subsection (1) if the landlord wishes to enter into a relevant disposal of the land after that period.
(6) In this section, “permitted sale period” in relation to a relevant disposal of land, means the period of 18 months beginning with the date on which the notice of a wish to enter into a relevant disposal was given under subsection (1).
(1) The “preferred community buyer” (if any) for the purposes of this Chapter in relation to land of community value is—
(a) the nominating community group where—
(i) there is such a group,
(ii) the notice requirement is met, and
(iii) at the time the notice requirement is met the group is a community interest group, or
(b) where there is no group falling within paragraph (a), the alternative community group determined in accordance with section 86P.
(2) If there is no group falling within subsection (1)(a) or (b) in relation to land of community value, there is no preferred community buyer for the purposes of this Chapter in relation to the land.
(3) The “notice requirement” is met if the nominating community group gives written notice of its intention to buy the land to the relevant local authority within the notification period.
(4) In this section—
“community interest group” means a person specified, or of a description specified, in regulations made by the Secretary of State;
“nominating community group” means a voluntary or community body or parish council on the basis of whose community nomination the land was included in a local authority’s list of community assets;
“notification period” is the period of six weeks beginning with the date the nominating community group received the notice given under section 86Q(3).
(1) A community interest group may within the period for expressions of interest relating to land of community value give written notice to the relevant local authority of the group’s intention to buy the land.
(2) The “period for expressions of interest”, in relation to land of community value, is the period of eight weeks beginning with the date on which the local authority updates the list for the land to include the matters mentioned in section 86Q(2)(a) to (c).
(3) A notice under subsection (1) must include the reasons why the group wants to buy the land.
(4) Where—
(a) no community interest group has given notice under subsection (1), there is no alternative community group for the purposes of section 86N(1)(b);
(b) one community interest group has given notice under subsection (1), that group is the alternative community group for the purposes of section 86N(1)(b);
(c) more than one community interest group has given notice under subsection (1), the relevant local authority must make a determination as to which group is the alternative community group for the purposes of section 86N(1)(b).
(5) Where subsection (4)(b) applies, the relevant local authority must give written notice to the community interest group which has given notice under subsection (1) that it is the alternative community group for the purposes of section 86N(1)(b).
(6) Where subsection (4)(c) applies, the relevant local authority must give written notice of the determination to each community interest group which has given notice under subsection (1).
(7) A notice under subsection (5) or (6) must be given before the end of the period of 14 days beginning with the end of the period for expressions of interest.
(8) In this section, “community interest group” has the meaning given by section 86N(4).
86Q Publicising receipt of notice under section 86M(1)
(1) This section applies if a local authority receives notice under section 86M(1) in respect of land included in the authority’s list of assets of community value.
(2) The authority must cause the entry in the list for the land to reveal—
(a) that notice under section 86M(1) has been received in respect of the land,
(b) the date when the authority received the notice, and
(c) the end of the permitted sale period and the notification period that apply under section 86M or 86N as a result of the notice.
(3) If the land is included in the list in response to a community nomination, the authority must give written notice to the person who made the nomination of the matters mentioned in subsection (2)(a), (b) and (c).
(4) The authority must also give written notice of those matters to—
(a) any Member of Parliament whose Parliamentary constituency includes any part of the land;
(b) the councillor or councillors for any electoral area or areas in which the land or any part of it is situated.
(5) The authority must make arrangements for those matters to be publicised in the area where the land is situated.
(6) Any requirement on a local authority under this section must be met before the end of the period of 14 days beginning with the day of receipt by the local authority of the notice under section 86M(1).
(7) In this section—
“councillor” means a member of—
a local authority,
a county council for an area for which there are district councils, or
a parish council;
“electoral area” means any electoral division or ward or (in the case of a parish for which there are no wards) the parish.
(1) This section applies where the owner of land of community value gives notice under section 86M(1).
(2) If there is a nominating community group in relation to the land who has met the notice requirement, the relevant local authority must—
(a) give the owner written notice of this information, and
(b) include this information in the entry in the list for the land.
(3) The notice under subsection (2)(a) must be given before the end of the period of 14 days beginning with the end of the notification period.
(4) In any other case, the relevant local authority must give the owner written notice—
(a) if there is an alternative community group, of the name and address of that group, or
(b) that there is no alternative community group.
(5) The notice under subsection (4) must be given before the end of the period of 14 days beginning with the end of the period for expressions of interest.
(6) In this section—
“alternative community group” means the group determined in accordance with section 86P;
“nominating community group” has the meaning given by section 86N(4);
“notice requirement” and “notification period” have the meaning given by section 86N;
“period for expressions of interest” has the meaning given by section 86P.
(1) This section applies where—
(a) the owner of land of community value gives notice under section 86M(1), and
(b) there is a preferred community buyer in relation to the land.
(2) The relevant local authority must as far as reasonably practicable arrange a joint meeting with the owner of the land and the preferred community buyer.
(3) The Secretary of State may by regulations make further provision about the meeting including provision about—
(a) the circumstances in which the meeting may go ahead without either the owner of the land or the preferred community buyer;
(b) the conduct of the meeting;
(c) information to be provided at the meeting by the relevant local authority (including information about the process and the periods within which any requirements must be met under this Chapter).
(4) Section 86T applies if at the end of the negotiation period the preferred community buyer has not offered to buy the relevant estate in land at a price agreed with the owner.
(5) In this section—
“negotiation period” is the period of eight weeks beginning with the date the notice was given under section 86R(2)(a) or 86R(4);
“relevant estate in land” has the meaning given by section 86M(2).
(1) If this section applies (see section 86S(4)), the relevant local authority must by the end of the appointment period appoint an authorised officer to assess the value of the land (“the valuer”).
(2) The value to be assessed is the market value of the relevant estate in land on the date the notice was given under section 86M(1).
(3) The market value is the amount which the relevant estate in land could have been expected to realise if it had been sold on the open market by a willing seller to a willing buyer on that date.
(4) The Secretary of State may by regulations make further provision about the determination of the market value of an estate in land for the purposes of this section.
(5) Regulations under subsection (4) may include provision—
(a) about the method to be used for determining market value;
(b) about any matters which must or must not be taken into account when determining the market value;
(c) about the circumstances in which the owner of the land and the preferred community buyer may make written representations to the valuer (and requiring the valuer to take those representations into account).
(6) The valuer must by the end of the period of eight weeks beginning with the date of the valuer’s appointment determine the market value of the relevant estate in land (“the value price”).
(7) The valuer must as soon as reasonably practicable give the owner of the land and the preferred community buyer notice in writing of the determination.
(8) If the preferred community buyer wishes to buy the relevant estate in land in accordance with this Chapter, the buyer must by the end of the offer period offer to buy the relevant estate in land at the value price.
(9) The expense of a valuation under this section is to be met by the relevant local authority.
(10) In this section—
“appointment period” is the period of 14 days beginning with the end of the negotiation period;
“authorised officer”, in relation to the valuation of land of community value, means—
a valuation officer appointed under section 61 of the Local Government Finance Act 1988,
a district valuer within the meaning of section 622 of the Housing Act 1985, or
in such circumstances as may be specified in regulations made by the Secretary of State, another person who in the opinion of the relevant local authority is independent of the authority, the owner of the land and the preferred community buyer;
“negotiation period” has the meaning given by section 86S(5);
“offer period” is the period of 12 months beginning with the date notice was given under section 86M(1);
“relevant estate in land” means the estate or estates identified in the notice given under section 86M(1) (see section 86M(2)).
(1) This section applies where—
(a) the owner of land of community value gives notice under section 86M(1), and
(b) there is a preferred community buyer in relation to the land.
(2) Where the land that the notice relates to is a sporting asset of community value which can accommodate over 10,000 people, and the owner makes a request in writing, the relevant local authority must—
(a) determine whether at the end of the 16 week review period the preferred community buyer has met the progress requirements, and
(b) as soon as reasonably practicable give written notice of the determination to the owner and the buyer.
(3) Where the owner makes a request in writing, the relevant local authority must—
(a) determine whether at the end of the 6 month review period the preferred community buyer has met the progress requirements, and
(b) as soon as reasonably practicable give written notice of the determination to the owner and buyer.
(4) A request under subsection (2) or (3) must be made no less than two weeks before the end of the review period that it relates to.
(5) The relevant local authority must—
(a) determine whether at the end of the 12 month review period the preferred community buyer has met the progress requirements, and
(b) as soon as reasonably practicable give written notice of the determination to the owner of the land and the preferred community buyer.
(6) “Progress requirements” means such requirements relating to each review period as are specified in regulations made by the Secretary of State for that purpose.
(7) Regulations under subsection (6) may make provision about the evidence that a preferred community buyer must provide to a local authority for the purpose of demonstrating that they have met the progress requirements.
(8) In this section—
“the 16 week review period” is the period of 16 weeks beginning with the date on which the notice of a wish to enter into a relevant disposal was given under section 86M(1) (“the notice date”);
“the 6 month review period” is the period of 6 months beginning with the notice date;
“the 12 month review period” is the period of 12 months beginning with the notice date;
“review period” means the 16 week review period, the 6 month review period or the 12 month review period.
The validity of anything done under this Chapter is not affected by any failure by a local authority or a valuer appointed in accordance with section 86T to comply with a time limit specified by or under this Chapter.
(1) The Secretary of State may by regulations make provision for the payment of compensation in connection with the operation of this Chapter.
(2) Regulations under subsection (1) may (in particular)—
(a) provide for any entitlement conferred by the regulations to apply only in cases specified in the regulations;
(b) provide for any entitlement conferred by the regulations to be subject to conditions, including conditions as to time limits;
(c) make provision about—
(i) who is to pay compensation payable under the regulations;
(ii) who is to be entitled to compensation under the regulations;
(iii) what compensation under the regulations is to be paid in respect of;
(iv) the amount, or calculation, of compensation under the regulations;
(v) the procedure to be followed in connection with claiming compensation under the regulations;
(vi) the review of decisions made under the regulations;
(vii) appeals against decisions made under the regulations.
(1) The Secretary of State may issue guidance to local authorities about the exercise of any functions under this Chapter.
(2) A local authority must take into account any such guidance in exercising those functions.
(3) The guidance may include (but is not limited to) guidance about—
(a) the types of use that may further the social or economic wellbeing or social or economic interests of a local community;
(b) communicating with specified persons in connection with the carrying out of any of the local authority’s functions;
(c) matters relating to the indefinite listing of land as land of community value under section 86A(6);
(d) applying the test under section 86B(3) to identify land supporting sporting assets of community value;
(e) meeting the obligations under section 86G in relation to sporting assets of community value.
(4) Before issuing guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(5) The requirement in subsection (4) may be met by consultation carried out before this section comes into force.
(6) The Secretary of State may revise any guidance issued under this section.
(7) The Secretary of State must arrange for any guidance issued under this section to be published.
If land is included in a local authority’s list of assets of community value—
(a) inclusion in the list is a local land charge, and
(b) that authority is the originating authority for the purposes of the Local Land Charges Act 1975.
(1) The Secretary of State may by regulations make provision—
(a) with a view to preventing, or reducing the likelihood of, contraventions of section 86K(1) (restriction on relevant disposals of land);
(b) as to the consequences applicable in the event of contraventions of section 86K(1).
(2) The provision that may be made under subsection (1) includes (in particular)—
(a) provision for transactions entered into in breach of section 86K(1) to be set aside or to be ineffective;
(b) provision about entries on registers relating to land.
(3) The provision that may be made under subsection (1) includes provision amending—
(a) an Act, or
(b) an instrument made under an Act.
If different parts of any land are in different local authority areas, the local authorities concerned must co-operate with each other in carrying out functions under this Chapter in relation to the land or any part of it.
86Z2 Advice and assistance in relation to land of community value
(1) The Secretary of State may do anything that the Secretary of State considers appropriate for the purpose of giving advice or assistance—
(a) to anyone in relation to doing any of the following—
(i) taking steps under or for the purposes of provision contained in, or made under, this Chapter, or
(ii) preparing to, or considering or deciding whether to, take steps within sub-paragraph (i), or
(b) to a preferred community buyer in relation to doing any of the following—
(i) negotiating and offering to buy land that is included in a local authority’s list of assets of community value,
(ii) preparing to, or considering or deciding whether or how to, bring land within sub-paragraph (i) into effective use.
(2) The things that the Secretary of State may do under this section include, in particular—
(a) the provision of financial assistance to any body or other person;
(b) the making of arrangements with a body or other person, including arrangements for things that may be done by the Secretary of State under this section to be done by that body or other person.
(3) In this section—
(a) the reference to giving advice or assistance includes providing training or education;
(b) the reference to the provision of financial assistance is to the provision of financial assistance by any means (including the making of a loan and the giving of a guarantee or indemnity).
(1) In this Chapter “local authority” means—
(a) a district council,
(b) a county council for an area in England for which there are no district councils,
(c) a London borough council,
(d) the Common Council of the City of London, or
(e) the Council of the Isles of Scilly.
(2) The Secretary of State may by regulations amend this section for the purpose of changing the meaning in this Chapter of “local authority” in relation to England.
(1) In this Chapter “owner”, in relation to land, is to be read as follows.
(2) The owner of any land is the person in whom the freehold estate in the land is vested, but not if there is a qualifying leasehold estate in the land.
(3) If there is just one qualifying leasehold estate in any land, the owner of the land is the person in whom that estate is vested.
(4) If there are two or more qualifying leasehold estates in the same land, the owner of the land is the person in whom is vested the qualifying leasehold estate that is more or most distant (in terms of the number of intervening leasehold estates) from the freehold estate.
(5) In this section “qualifying leasehold estate”, in relation to any land, means an estate by virtue of a lease of the land for a term which, when granted, had at least 25 years to run.
(6) The Secretary of State may by regulations amend this section—
(a) for the purpose of changing the definition of “owner” for the time being given by this section;
(b) for the purpose of defining “owner” for the purposes of this Chapter in a case where, for the time being, this section does not define that expression.
(1) In this Chapter—
“building” includes part of a building;
“community nomination” has the meaning given by section 86D(2);
“land” includes—
part of a building,
part of any other structure, and
mines and minerals, whether or not held with the surface;
“land of community value” is to be read in accordance with section 86B;
“local authority” is to be read in accordance with section 86Z4;
“owner”, in relation to any land, is to read in accordance with section 86Z5;
“owner of land of community value” has the meaning given by section 86K(1);
“preferred community buyer” has the meaning given by section 86N;
“relevant local authority” has the meaning given by section 86C;
“unsuccessful”, in relation to a community nomination, has the meaning given by sections 86E(5) and section 86H(6)(b)(i).
(2) For the meaning of “list of assets of community value” see section 86A(2).
(3) For the meaning of “list of land nominated by unsuccessful community nominations” see section 86I(2).
(1) A local authority must maintain a list of land in its area that is land of community value.
(2) The list maintained under subsection (1) by a local authority is to be known as its list of assets of community value.
(3) Where land is included in a local authority's list of assets of community value, the entry for that land is to be removed from the list with effect from the end of the period of 5 years beginning with the date of that entry (unless the entry has been removed with effect from some earlier time in accordance with provision in regulations under subsection (5)).
(4) The appropriate authority may by order amend subsection (3) for the purpose of substituting, for the period specified in that subsection for the time being, some other period.
(5) The appropriate authority may by regulations make further provision in relation to a local authority's list of assets of community value, including (in particular) provision about—
(a) the form in which the list is to be kept;
(b) contents of an entry in the list (including matters not to be included in an entry);
(c) modification of an entry in the list;
(d) removal of an entry from the list;
(e) cases where land is to be included in the list and—
(i) different parts of the land are in different ownership or occupation, or
(ii) there are multiple estates or interests in the land or any part or parts of it;
(f) combination of the list with the local authority's list of land nominated by unsuccessful community nominations.
(6) Subject to any provision made by or under this Chapter, it is for a local authority to decide the form and contents of its list of assets of community value.
(1) For the purposes of this Chapter but subject to regulations under subsection (3), a building or other land in a local authority's area is land of community value if in the opinion of the authority—
(a) an actual current use of the building or other land that is not an ancillary use furthers the social wellbeing or social interests of the local community, and
(b) it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community.
(2) For the purposes of this Chapter but subject to regulations under subsection (3), a building or other land in a local authority's area that is not land of community value as a result of subsection (1) is land of community value if in the opinion of the local authority—
(a) there is a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social wellbeing or interests of the local community, and
(b) it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community.
(3) The appropriate authority may by regulations—
(a) provide that a building or other land is not land of community value if the building or other land is specified in the regulations or is of a description specified in the regulations;
(b) provide that a building or other land in a local authority's area is not land of community value if the local authority or some other person specified in the regulations considers that the building or other land is of a description specified in the regulations.
(4) A description specified under subsection (3) may be framed by reference to such matters as the appropriate authority considers appropriate.
(5) In relation to any land, those matters include (in particular)—
(a) the owner of any estate or interest in any of the land or in other land;
(b) any occupier of any of the land or of other land;
(c) the nature of any estate or interest in any of the land or in other land;
(d) any use to which any of the land or other land has been, is being or could be put;
(e) statutory provisions, or things done under statutory provisions, that have effect (or do not have effect) in relation to—
(i) any of the land or other land, or
(ii) any of the matters within paragraphs (a) to (d);
(f) any price, or value for any purpose, of any of the land or other land.
(6) In this section—
“legislation” means—
an Act, or
a Measure or Act of the National Assembly for Wales;
“social interests” includes (in particular) each of the following—
cultural interests;
recreational interests;
sporting interests;
“statutory provision” means a provision of—
legislation, or
an instrument made under legislation.
(1) Land in a local authority's area which is of community value may be included by a local authority in its list of assets of community value only—
(a) in response to a community nomination, or
(b) where permitted by regulations made by the appropriate authority.
(2) For the purposes of this Chapter “community nomination”, in relation to a local authority, means a nomination which—
(a) nominates land in the local authority's area for inclusion in the local authority's list of assets of community value, and
(b) is made—
(i) by a parish council in respect of land in England in the parish council's area,
(ii) by a community council in respect of land in Wales in the community council's area, or
(iii) by a person that is a voluntary or community body with a local connection.
(3) Regulations under subsection (1)(b) may (in particular) permit land to be included in a local authority's list of assets of community value in response to a nomination other than a community nomination.
(4) The appropriate authority may by regulations make provision as to—
(a) the meaning in subsection (2)(b)(iii) of “voluntary or community body”;
(b) the conditions that have to be met for a person to have a local connection for the purposes of subsection (2)(b)(iii);
(c) the contents of community nominations;
(d) the contents of any other nominations which, as a result of regulations under subsection (1)(b), may give rise to land being included in a local authority's list of assets of community value.
(5) The appropriate authority may by regulations make provision for, or in connection with, the procedure to be followed where a local authority is considering whether land should be included in its list of assets of community value.
(1) This section applies if a local authority receives a community nomination.
(2) The authority must consider the nomination.
(3) The authority must accept the nomination if the land nominated—
(a) is in the authority's area, and
(b) is of community value.
(4) If the authority is required by subsection (3) to accept the nomination, the authority must cause the land to be included in the authority's list of assets of community value.
(5) The nomination is unsuccessful if subsection (3) does not require the authority to accept the nomination.
(6) If the nomination is unsuccessful, the authority must give, to the person who made the nomination, the authority's written reasons for its decision that the land could not be included in its list of assets of community value.
(1) Subsection (2) applies where land—
(a) is included in, or
(b) removed from,
a local authority's list of assets of community value.
(2) The authority must give written notice of the inclusion or removal to the following persons—
(a) the owner of the land,
(b) the occupier of the land if the occupier is not also the owner,
(c) if the land was included in the list in response to a community nomination, the person who made the nomination, and
(d) any person specified, or of a description specified, in regulations made by the appropriate authority,
but where it appears to the authority that it is not reasonably practicable to give a notice under this subsection to a person to whom it is required to be given, the authority must instead take reasonable alternative steps for the purpose of bringing the notice to the person's attention.
(3) A notice under subsection (2) of inclusion of land in the list must describe the provision made by and under this Chapter, drawing particular attention to—
(a) the consequences for the land and its owner of the land's inclusion in the list, and
(b) the right to ask for review under section 92.
(4) A notice under subsection (2) of removal of land from the list must state the reasons for the removal.
(1) The owner of land included in a local authority's list of assets of community value may ask the authority to review the authority's decision to include the land in the list.
(2) If a request is made—
(a) under subsection (1), and
(b) in accordance with the time limits (if any) provided for in regulations under subsection (5),
the authority concerned must review its decision.
(3) Where under subsection (2) an authority reviews a decision, the authority must notify the person who asked for the review—
(a) of the decision on the review, and
(b) of the reasons for the decision.
(4) If the decision on a review under subsection (2) is that the land concerned should not have been included in the authority's list of assets of community value—
(a) the authority must remove the entry for the land from the list, and
(b) where the land was included in the list in response to a community nomination—
(i) the nomination becomes unsuccessful, and
(ii) the authority must give a written copy of the reasons mentioned in subsection (3)(b) to the person who made the nomination.
(5) The appropriate authority may by regulations make provision as to the procedure to be followed in connection with a review under this section.
(6) Regulations under subsection (5) may (in particular) include—
(a) provision as to time limits;
(b) provision requiring the decision on the review to be made by a person of appropriate seniority who was not involved in the original decision;
(c) provision as to the circumstances in which the person asking for the review is entitled to an oral hearing, and whether and by whom that person may be represented at the hearing;
(d) provision for appeals against the decision on the review.
93 List of land nominated by unsuccessful community nominations
(1) A local authority must maintain a list of land in its area that has been nominated by an unsuccessful community nomination (see sections 90(5) and 92(4)(b)(i)).
(2) The list maintained under subsection (1) by a local authority is to be known as its list of land nominated by unsuccessful community nominations.
(3) Where land is included in a local authority's list of land nominated by unsuccessful community nominations, the entry in the list for the land—
(a) may (but need not) be removed from the list by the authority after it has been in the list for 5 years, and
(b) while it is in the list, is to include the reasons given under section 90(6) or 92(3)(b) for not including the land in the authority's list of assets of community value.
(4) Subject to any provision made by or under this Chapter, it is for a local authority to decide the form and contents of its list of land nominated by unsuccessful community nominations.
(1) A local authority must publish—
(a) its list of assets of community value, and
(b) its list of land nominated by unsuccessful community nominations.
(2) A local authority must at a place in its area make available, for free inspection by any person, both—
(a) a copy of its list of assets of community value, and
(b) a copy of its list of land nominated by unsuccessful community nominations.
(3) A local authority must provide a free copy of its list of assets of community value to any person who asks it for a copy, but is not required to provide to any particular person more than one free copy of the same version of the list.
(4) A local authority must provide a free copy of its list of land nominated by unsuccessful community nominations to any person who asks it for a copy, but is not required to provide to any particular person more than one free copy of the same version of the list.
(5) In this section “free” means free of charge.
(1) A person who is an owner of land included in a local authority's list of assets of community value must not enter into a relevant disposal of the land unless each of conditions A to C is met.
(2) Condition A is that that particular person has notified the local authority in writing of that person's wish to enter into a relevant disposal of the land.
(3) Condition B is that either—
(a) the interim moratorium period has ended without the local authority having received during that period, from any community interest group, a written request (however expressed) for the group to be treated as a potential bidder in relation to the land, or
(b) the full moratorium period has ended.
(4) Condition C is that the protected period has not ended.
(5) Subsection (1) does not apply in relation to a relevant disposal of land—
(a) if the disposal is by way of gift (including a gift to trustees of any trusts by way of settlement upon the trusts),
(b) if the disposal is by personal representatives of a deceased person in satisfaction of an entitlement under the will, or on the intestacy, of the deceased person,
(c) if the disposal is by personal representatives of a deceased person in order to raise money to—
(i) pay debts of the deceased person,
(ii) pay taxes,
(iii) pay costs of administering the deceased person's estate, or
(iv) pay pecuniary legacies or satisfy some other entitlement under the will, or on the intestacy, of the deceased person,
(d) if the person, or one of the persons, making the disposal is a member of the family of the person, or one of the persons, to whom the disposal is made,
(e) if the disposal is a part-listed disposal of a description specified in regulations made by the appropriate authority, and for this purpose “part-listed disposal” means a disposal of an estate in land—
(i) part of which is land included in a local authority's list of assets of community value, and
(ii) part of which is land not included in any local authority's list of assets of community value,
(f) if the disposal is of an estate in land on which a business is carried on and is at the same time, and to the same person, as a disposal of that business as a going concern,
(g) if the disposal is occasioned by a person ceasing to be, or becoming, a trustee,
(h) if the disposal is by trustees of any trusts—
(i) in satisfaction of an entitlement under the trusts, or
(ii) in exercise of a power conferred by the trusts to re-settle trust property on other trusts,
(i) if the disposal is occasioned by a person ceasing to be, or becoming, a partner in a partnership, or
(j) in cases of a description specified in regulations made by the appropriate authority.
(6) In subsections (3) and (4)—
“community interest group” means a person specified, or of a description specified, in regulations made by the appropriate authority,
“the full moratorium period”, in relation to a relevant disposal, means the six months beginning with the date on which the local authority receives notification under subsection (2) in relation to the disposal,
“the interim moratorium period”, in relation to a relevant disposal, means the six weeks beginning with the date on which the local authority receives notification under subsection (2) in relation to the disposal, and
“the protected period”, in relation to a relevant disposal, means the eighteen months beginning with the date on which the local authority receives notification under subsection (2) in relation to the disposal.
(7) For the purposes of subsection (5)(d), a person (“M”) is a member of the family of another person if M is—
(a) that other person's spouse or civil partner, or
(b) a lineal descendant of a grandparent of that other person.
(8) For the purposes of subsection (7)(b) a relationship by marriage or civil partnership is to be treated as a relationship by blood.
(9) For the meaning of “relevant disposal”, and for when a relevant disposal is entered into, see section 96.
96 Meaning of “relevant disposal” etc in section 95
(1) This section applies for the purposes of section 95.
(2) A disposal of the freehold estate in land is a relevant disposal of the land if it is a disposal with vacant possession.
(3) A grant or assignment of a qualifying leasehold estate in land is a relevant disposal of the land if it is a grant or assignment with vacant possession.
(4) If a relevant disposal within subsection (2) or (3) is made in pursuance of a binding agreement to make it, the disposal is entered into when the agreement becomes binding.
(5) Subject to subsection (4), a relevant disposal within subsection (2) or (3) is entered into when it takes place.
(6) In this section “qualifying leasehold estate”, in relation to any land, means an estate by virtue of a lease of the land for a term which, when granted, had at least 25 years to run.
(7) The appropriate authority may by order amend this section.
97 Publicising receipt of notice under section 95(2)
(1) This section applies if a local authority receives notice under section 95(2) in respect of land included in the authority's list of assets of community value.
(2) The authority must cause the entry in the list for the land to reveal—
(a) that notice under section 95(2) has been received in respect of the land,
(b) the date when the authority received the notice, and
(c) the ends of the initial moratorium period, the full moratorium period and the protected period that apply under section 95 as a result of the notice.
(3) If the land is included in the list in response to a community nomination, the authority must give written notice, to the person who made the nomination, of the matters mentioned in subsection (2)(a), (b) and (c).
(4) The authority must make arrangements for those matters to be publicised in the area where the land is situated.