Local Government Act 1972

119 Payments due to deceased officers.

(1) If, on the death of any person who is or has been an officer of a local authority, there is due to him or his legal personal representatives from a local authority a sum not exceeding £500 and not being a pension, allowance or gratuity payable by virtue of section 7 of the Superannuation Act 1972, the authority may, without requiring the production of probate or letters of administration of the estate of the officer, pay the whole or any part of that sum to the officer’s personal representatives or to the person, or to or among any one or more of any persons, appearing to the authority to be beneficially entitled to the estate of the officer, and any person to whom such a payment is made, and not the authority, shall be liable to account for the sum paid to him under this subsection. (2) The authority may, if they think fit, pay out of the said sum the funeral expenses of the officer or so much thereof as they consider reasonable . . . (3) Subsection (1) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965, substituting for references to £500 references to such higher amount as may be specified in the order. (4) Where provision has been made by regulations under section 7(1)(b) of the said Act of 1972 with respect to the pensions, allowances or gratuities which in certain circumstances are to be, or may be, paid to or in respect of any persons or classes of persons, the Secretary of State may by regulations provide for the application of the foregoing provisions of this section to such of those persons or classes of persons as may be specified in the regulations. (5) In this section, references to a local authority include a corporate joint committee.

120 Acquisition of land by agreement by principal councils.

(1) For the purposes of— (a) any of their functions under this or any other enactment, or (b) the benefit, improvement or development of their area, a principal council may acquire by agreement any land, whether situated inside or outside their area. (2) A principal council may acquire by agreement any land for any purpose for which they are authorised by this 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 subsection may be used for the purpose of any of the council’s functions. (3) Where under this section a council are authorised to acquire land by agreement, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word “land” shall have the meaning assigned to it by this Act. (3A) Police and crime commissioners and the Mayor's Office for Policing and Crime are to be treated as principal councils for the purposes of— (a) this section (apart from subsection (1)(b)), and (b) section 121. (3B) A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 is to be treated as a principal council for the purposes of this section (apart from subsection (1)(b)). (4) Where two or more councils acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those councils from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land. (5) References in the foregoing provisions of this section to acquisition by agreement are references to acquisition for money or money’s worth, as purchaser or lessee.

121 Acquisition of land compulsorily by principal councils.

(1) Subject to subsection (2) below, for any purpose for which they are authorised by this or any other public general Act to acquire land, a principal council may be authorised by the Minister concerned with that purpose to purchase compulsorily any land, whether situated inside or outside their area. (2) A council may not be authorised under subsection (1) above to purchase land compulsorily— (a) for the purpose specified in section 120(1)(b) above, or (b) for the purpose of any of their functions under the Local Authorities (Land) Act 1963, or (c) for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement. (3) Where one or more councils propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one council, between those councils, and— (a) the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and (b) where there is more than one council concerned, the councils may nominate one of them to acquire the land on behalf of them all and the council so nominated shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition. (4) The Acquisition of Land Act 1981 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above . . ..

122 Appropriation of land by principal councils.

(1) Subject to the following provisions of this section, a principal council may appropriate for any purpose for which the council are authorised by this or any other enactment to acquire land by agreement any land which belongs to the council and is no longer required for the purpose for which it is held immediately before the appropriation; but the appropriation of land by a council by virtue of this subsection shall be subject to the rights of other persons in, over or in respect of the land concerned. (2) A principal council may not appropriate under subsection (1) above any land which they may be authorised to appropriate under section 229 of the Town and Country Planning Act 1990 (land forming part of a common, etc.) unless— (a) the total of the land appropriated in any particular common, . . . or fuel or field garden allotment (giving those expressions the same meanings as in the said section 229) does not in the aggregate exceed 250 square yards, and (b) before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulatiing in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) A principal council may not appropriate under subsection (1) above any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them. (2B) Where land appropriated by virtue of subsection (2A) above is 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), the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Where land has been acquired under this Act or any other enactment or any statutory order incorporating the Lands Clauses Acts and is subsequently appropriated under this section, any work executed on the land after the appropriation has been effected shall be treated for the purposes of section 68 of the Lands Clauses Consolidation Act 1845 and section 10 of the Compulsory Purchase Act 1965 as having been authorised by the enactment or statutory order under which the land was acquired. (5)(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

123 Disposal of land by principal councils.

(1) Subject to the following provisions of this section, and to those of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010, a principal council may dispose of land held by them in any manner they wish. (2) Except with the consent of the Secretary of State, a council shall not dispose of land under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained. (2A) A principal council may not dispose under subsection (1) above of any land consisting or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them. (2AA) Subsection (2A) does not apply to a disposal to which the provisions of regulations made under section 1 of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010 apply. (2B) Where by virtue of subsection (2A) above or in accordance with the provisions of regulations made under section 1 of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010. a council dispose of land which is held— (a) for the purpose 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), the land shall by virtue of the disposal be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10. (3)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) For the purposes of this section 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, and in this section “public trust land” has the meaning assigned to it by section 122(6) above.

123A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

124 Acquisition of land by agreement by parish and community councils.

(1) For the purposes of— (a) any of their functions under this or any other public general Act, or (b) the benefit, improvement or development of their area, a parish or community council may acquire by agreement any land, whether situated inside or outside their area. (2) Where under this section a parish or community council are authorised to acquire land by agreement, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word “land” shall have the meaning assigned to it by this Act. (3) References in the foregoing provisions of this section to acquisition by agreement are references to acquisition for money or money’s worth, as purchaser or lessee.

125 Compulsory acquisition of land on behalf of parish or community councils.

(1) If a parish or community council are unable to acquire by agreement under section 124 above and on reasonable terms suitable land for a purpose for which they are authorised to acquire land other than— (a) the purpose specified in section 124(1)(b) above, or (b) a purpose in relation to which the power of acquisition is by an enactment expressly limited to acquisition by agreement, they may represent the case to the council of the district in which the parish or community is situated. (2) If the district council are satisfied that suitable land for the purpose cannot be acquired on reasonable terms by agreement, they may be authorised by the Secretary of State to purchase compulsorily the land or part of it; and the Acquisition of Land Act 1981 shall apply in relation to the purchase. (3) The district council in making and the Secretary of State in confirming an order for the purposes of this section shall have regard to the extent of land held in the neighbourhood by an owner and to the convenience of other property belonging to the same owner and shall, as far as practicable, avoid taking an undue or inconvenient quantity of land from any one owner. (4) The order shall be carried into effect by the district council but the land when acquired shall be conveyed to the parish or community council; and accordingly in construing for the purposes of this section and of the order any enactment applying in relation to the compulsory acquisition, the parish or community council or the district council, or the two councils jointly, shall, as the case may require, be treated as the acquiring authority. (5) The district council may recover from the parish or community council the expenses incurred by them in connection with the acquisition of land under this section. (6) If a parish or community council make representations to a district council with a view to the making of an order under this section and the district council— (a) refuse to make an order, or (b) do not make an order within 8 weeks from the making of the representations or such longer period as may be agreed between the two councils, the parish or community council may petition the Secretary of State who may make the order, and this section and the provisions of the Acquisition of Land Act 1981 shall apply as if the order had been made by the district council and confirmed by the Secretary of State. (7) In the application of this section to a parish or community council for a group of parishes or communities— (a) references to the parish or community shall be construed as references to the area of the group, and (b) if different parts of the area of the group lie in different districts, references to the council of the district in which the parish or community is situated shall be construed as references to the councils of each of the districts acting jointly. (8) In relation to Wales— (a) references in this section to a district council are to be read as references to a principal council; and (b) references to a district are to be read as references to a principal area.

126 Appropriation of land by parish and community councils and by parish meetings.

(1) Any land belonging to a parish or community council which is not required for the purposes for which it was acquired or has since been appropriated may, subject to the following provisions of this section, be appropriated by the council for any other purpose for which the council are authorised by this or any other public general Act to acquire land by agreement. (2) In the case of a parish which does not have a separate parish council, any land belonging to the parish meeting which is not required for the purposes for which it was acquired or has since been appropriated may, subject to the following provisions of this section, be appropriated by the parish meeting for any other purpose approved by the Secretary of State. (3) The appropriation of land by virtue of this section by a parish or community council or by a parish meeting shall be subject to the rights of other persons in, over or in respect of the land concerned. (4) Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land which they may be authorised to appropriate under section 229 of the Town and Country Planning Act 1990 (land forming part of a common, etc.) unless— (a) the total of the land appropriated in any particular common, . . . or fuel or field garden allotment (giving those expressions the same meanings as in the said section 229) does not in the aggregate exceed 250 square yards, and (b) before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4A) Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them. (4B) Where land appropriated by virtue of subsection (4A) above is 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), the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Where land has been acquired under this Act or any other enactment or any statutory order incorporating the Lands Clauses Acts and is subsequently appropriated under this section any work executed on the land after the appropriation has been effected shall be treated for the purposes of section 68 of the Lands Clauses Consolidation Act 1845 and section 10 of the Compulsory Purchase Act 1965 as having been authorised by the enactment or statutory order under which the land was acquired. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

127 Disposal of land held by parishes and communities.

(1) Subject to the following provisions of this section, and to those of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010, a parish or community council, or the parish trustees of a parish acting with the consent of the parish meeting, may dispose of land held by them in any manner they wish. (2) Except with the consent of the Secretary of State, land shall not be disposed of under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained. (3) Subsections (2A) and (2B) of section 123 above shall apply in relation to the disposal of land under this section as they apply in relation to the disposal of land under that section, with the substitution of a reference to a parish or community council or the parish trustees of a parish for the reference to a principal council in the said subsection (2A). (4) Capital money received in respect of a disposal under this section of land held for charitable purposes shall be applied in accordance with any directions given under the Charities Act 2011. (5) For the purposes of this section 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.

128 Consents to land transactions by local authorities and protection of purchasers.

(1) In any case where under the foregoing provisions of this Part of this Act the consent of any Minister is required to a dealing in land by a local authority, 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) in relation to local authorities generally, or local authorities of a particular class, or any particular local authority or authorities; and (c) either unconditionally or subject to such conditions as the Minister concerned 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 of this Act or under any other enactment, whether passed before, at the same time as, or after, this Act, a local 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 a Minister 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) Notwithstanding that principal councils are authorities to whom Part II of the Town and Country Planning Act 1959 applies, sections 22, 23 and 26 of that Act (provisions relating to consents required for the exercise of powers of acquisition, appropriation and disposal of land) shall not apply in relation to the exercise by principal councils of powers conferred by this Part of this Act, and in section 29 of that Act (protection of purchasers) references to an authority to whom the said Part II applies shall be construed as though that expression did not include a principal council. (4) In this section “local authority” includes a parish meeting and the parish trustees of a parish.

128A Statutory trust discharge orders

(1) The Secretary of State may make an order under this section in relation to land in England (a “statutory trust discharge order”). (2) The Secretary of State may not make a statutory trust discharge order in relation to land unless— (a) a person has applied to the Secretary of State for the statutory trust discharge order to be made in relation to the land, and (b) the Secretary of State is satisfied that the qualifying conditions are met (see section 128D). (3) The effect of an order being made in relation to land is that the land is freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with— (a) section 164 of the Public Health Act 1875 (pleasure grounds), or (b) section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds). (4) The order has that effect in relation to that land generally (and so its effect is not limited to that land as freehold or leasehold land as held by the applicant for the order). (5) The Secretary of State may, by regulations, make provision as to the making and determination of any application for a statutory trust discharge order. (6) Regulations under subsection (5) may in particular make provision as to— (a) the steps to be taken by a person before making an application; (b) the form of an application; (c) the information or evidence to be supplied with an application; (d) the publication of an application; (e) the holding of an inquiry before determination of an application; (f) the evidence to be taken into account in making a determination and the weight to be given to any evidence. (7) Regulations under subsection (5) may include provision for the Secretary of State to appoint a person to discharge any or all of the Secretary of State’s functions in relation to an application for a statutory trust discharge order. (8) The power under subsection (5) to make regulations includes power to make— (a) different provision for different cases; (b) incidental, supplementary or consequential provision; (c) transitional or saving provision. (9) A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament. (10) Section 128G contains further provision about the making of statutory trust discharge orders.

128B Applications for statutory trust discharge orders

(1) A person making an application must have regard to any guidance issued by the Secretary of State (whether relating to how the application is made or to its form or content). (2) Qualifying condition B (see section 128D(3)) limits which kind of person is able to make a successful application. (3) An application may be varied after it has been made (and section 128A, this section, and sections 128D to 128G then apply to the application as varied). (4) The Secretary of State may require a person making an application to pay a fee before the Secretary of State considers the application (the “application fee”). (5) The application fee is to be of an amount specified in, or determined in accordance with, regulations made under section 128A(5). (6) The determination of an application for a statutory trust discharge order which relates to particular land does not prevent a further application from being made subsequently in relation to the same land. (7) But the Secretary of State may reject a further application if the Secretary of State considers that there has not been a material change in the circumstances relevant to the qualifying conditions. (8) If a further application is rejected, the Secretary of State must publish notice of the rejection in the manner which the Secretary of State considers appropriate.

128C Applications where land has been divided up

(1) This section applies where— (a) a principal council, parish council or parish meeting appropriated or disposed of land, and (b) the freehold or leasehold title to that land has subsequently been divided. (2) An application may be made in relation to the land comprised in any of the relevant titles. (3) A single joint application may be made in relation to the land comprised in two or more of the relevant titles, and, in the case of such an application, the question of whether the qualifying conditions are met must be decided separately in relation to the land comprised in each title. (4) For the purposes of this section— (a) a freehold title is “divided” if either or both of the following occurs— (i) the title is divided into two or more different freehold titles; (ii) a lease (including a sublease) is granted over some or all of the land comprised in the freehold title; (b) a leasehold title is “divided” if— (i) the title is divided into two or more different leasehold titles (for example by an assignment of part); (ii) a sublease (including a sublease that is not immediately inferior to the leasehold title) is granted over some or all of the land comprised in the leasehold title. (5) In this section “relevant title” means— (a) the freehold title to the whole or a part of the land appropriated or disposed of; (b) the title to a long lease of the whole or a part of the land appropriated or disposed of.

128D The qualifying conditions

(1) This section sets out the “qualifying conditions” (referred to in section 128A(2)(b)). (2) Qualifying condition A: the application for the statutory trust discharge order identifies land in England in relation to which the order is being sought. (3) Qualifying condition B: the applicant for the order is— (a) the freehold owner of the relevant land, or (b) the tenant of the relevant land under a long lease, whether granted before or after commencement, at the time of the application (whether or not by virtue of the previous appropriation or disposal). (4) Qualifying condition C: a principal council, parish council or parish meeting— (a) appropriated, or (b) disposed of, the relevant land at a time before the application for the statutory trust discharge order is made (the “previous appropriation or disposal”). (5) It does not matter whether the previous appropriation or disposal occurred before or after commencement. (6) Qualifying condition D: the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal. (7) For the purposes of determining whether qualifying condition D is met— (a) it is sufficient that the previous advertisement procedure was not complied with; (b) accordingly, it is irrelevant— (i) whether the previous advertisement procedure in fact had to be complied with, or (ii) whether the land was in fact land held in trust for enjoyment by the public in accordance with a trust of the kind mentioned in section 128A(3). (8) Section 128F includes provision for presuming that the previous advertisement procedure was not complied with; and qualifying condition D must be taken to be met if that presumption is made. (9) Qualifying condition E: the new publicity requirements have been complied with. (10) Qualifying condition F: it is in the public interest for the relevant land to be freed from the trusts by virtue of the order. (11) The reference in subsection (10) to the public interest includes the public interest in— (a) nature conservation; (b) the conservation of the landscape; (c) the protection of public rights of access to the relevant land; (d) the protection of archaeological remains and features of historic interest; (e) development proposals relating to the relevant land; (f) economic, environmental or social benefits which the order would facilitate if made.

128E The new publicity requirements

(1) This section sets out the “new publicity requirements” (referred to in qualifying condition E in section 128D(9)). (2) The applicant must publish a notice of the application in four consecutive weeks— (a) in a local newspaper, and, if there are two or more local newspapers, it must be the main local newspaper; (b) if there is no local newspaper, either— (i) in a national newspaper, or (ii) on a website with a readership in the local area that is comparable to the readership of a local newspaper. (3) If— (a) a newspaper is published in print and on a website, and (b) it is possible to publish notices of the kind required by subsection (2) in both versions, a requirement under subsection (2) to publish a notice in the newspaper can only be complied with by publication of the notice in both versions. (4) If the applicant is a principal council, a parish council or parish trustees, they must also publish a notice of the application for a period of 28 days on their website (if they have one). (5) The applicant must display a notice of the application for a period of 28 days at the point of entry, or at the main points of entry, to the relevant land. (6) The Secretary of State must publish a notice of the application for a period of 28 days on the website, or main website, containing information about the Secretary of State’s department. (7) A notice under this section must identify the relevant land. (8) A notice under this section must— (a) state that a person who wishes to make representations about whether or not the order should be made may notify the Secretary of State of the representations, and (b) state the manner in which, and date by which, representations must be notified; and that date must be later than the last day of the period of 56 days beginning with the day when that notice is first published or displayed. (9) When publishing or displaying a notice under this section, the applicant must have regard to any guidance issued by the Secretary of State (whether relating to its publication or display or its form or content). (10) In this section— “local area” means area in which the relevant land is situated; “local newspaper” means a newspaper circulating in the local area.

128F Previous advertisement procedure: co-operation by councils etc and presumption

(1) This section applies if an application has been made to the Secretary of State for a statutory trust discharge order. (2) The Secretary of State must notify the relevant council or parish trustees of— (a) the application, (b) the relevant land, and (c) the information about the previous appropriation or disposal which the Secretary of State has as a result of the application. (3) Within the response period, the relevant council or parish trustees must give the Secretary of State— (a) notice which— (i) confirms that the previous advertisement procedure was complied with in relation to the previous appropriation or disposal, (ii) confirms that the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal, or (iii) states that the relevant council or parish trustees are not able to confirm either of those things, and (b) any information relating to compliance, or non-compliance, with the previous advertisement procedure which the relevant council or parish trustees have. (4) If the relevant council or parish trustees— (a) give the Secretary of State a notice under subsection (3)(a)(iii) within the response period, or (b) do not give the Secretary of State any notice under subsection (3)(a) within the response period, the Secretary of State must presume that the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal, unless the Secretary of State is satisfied that the procedure was complied with. (5) In this section— “relevant council or parish trustees” means— in a case where a principal council undertook the previous appropriation or disposal, the principal council for the area where the relevant land is situated; in a case where a parish council undertook the previous appropriation or disposal— the parish council or parish trustees for the area where the relevant land is situated, or if the relevant land is no longer in the area of a parish, the principal council for the area where the relevant land is situated; in a case where a parish meeting undertook the previous appropriation or disposal— the parish trustees or parish council for the area where the relevant land is situated, or if the relevant land is no longer in the area of a parish, the principal council for the area where the relevant land is situated; “response period”, in relation to a notification given by the Secretary of State under subsection (2), means the period of 28 days beginning with the day on which the notice is received by the relevant council or parish trustees.

128G Making statutory trust discharge orders

(1) In deciding whether to make a statutory trust discharge order, the Secretary of State must take into account all matters that are relevant, including these matters— (a) whether, and how, the person making the application has had regard to the guidance issued by the Secretary of State under section 128B(1) and section 128E(9); (b) any representations about whether or not the order should be made that are notified to the Secretary of State (including any representations made by persons who are freehold owners, or tenants, of land comprised in the previous appropriation or disposal but who are not applying for the order). (2) A statutory trust discharge order may relate to only some of the relevant land specified in the application. (3) A statutory trust discharge order takes effect— (a) on the day after the day on which the order is made, or (b) if the order specifies a later day on which it is to take effect, on that day. (4) In relation to each application for a statutory trust discharge order, the Secretary of State— (a) must publish notice of the decision whether or not to make the order, and (b) if the order is made, must publish the order. (5) That notice, or the order, is to be published in the manner which the Secretary of State considers appropriate.

128H Sections 128A to 128G: interpretation and application to the Crown

(1) In sections 128A to 128G and this section— “application” means an application for a statutory trust discharge order; “commencement” means the coming into force of section 69 of the English Devolution and Community Empowerment Act 2026; “long lease” means a lease which was granted for a term of 20 years or longer; “new publicity requirements” has the meaning given in section 128E(1); “previous advertisement procedure” means whichever of the following applied to the previous appropriation or disposal— the requirement to advertise notice of the intention to make the appropriation in accordance with— section 122(2A) in the case of an appropriation by a principal council; section 126(4A) in the case of an appropriation by a parish council or parish meeting; the requirement to advertise notice of the intention to make the disposal in accordance with— section 123(2A) in the case of a disposal by a principal council; section 123(2A) as applied by section 127(2) in the case of a disposal by a parish council or parish meeting; “previous appropriation or disposal” has the meaning given in section 128D(4); “qualifying conditions” has the meaning given in section 128D(1); “relevant land” means the land identified in the application for a statutory trust discharge order as the land relation to which the order is being sought; “statutory trust discharge order” has the meaning given in section 128A(1). (2) A reference in sections 128A to 128G to the freehold owner, or the tenant under a long lease, is a reference to— (a) the Crown Estate Commissioners, if the freehold or long lease belongs to His Majesty in right of the Crown and forms part of the Crown Estate; (b) the government department having the management of the freehold or long lease, if it belongs to His Majesty in right of the Crown but does not form part of the Crown estate; (c) the government department concerned, if the freehold or long lease belongs to a government department or is held in trust for His Majesty for the purposes of a government department; (d) a person appointed by His Majesty in writing under the Royal Sign Manual, or if no such appointment is made the Secretary of State, if the freehold or long lease belongs to His Majesty in right of His private estates (which must be construed in accordance with section 1 of the Crown Private Estates Act 1862); (e) the Chancellor of the Duchy of Lancaster, if the freehold or long lease belongs to His Majesty in right of the Duchy of Lancaster; (f) a person appointed by the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, if the freehold or long lease belongs to the Duchy of Cornwall.

129 Payment of purchase or compensation money by one local authority to another.

(1) With the consent of the Secretary of State, any purchase money or compensation payable in pursuance of the foregoing provisions of this Part of this Act by a local authority in respect of any land acquired from another local authority, being money or compensation which would, apart from this section, be required to be paid into court in accordance with the Compulsory Purchase Act 1965, may, instead of being so paid, be paid and applied as the Secretary of State may determine. (2) A decision of the Secretary of State under this section shall be final.

130 Acquisition by local authorities of lands belonging to the Duchy of Lancaster.

The Chancellor and Council of the Duchy of Lancaster may sell to a local authority any land belonging to Her Majesty in right of that Duchy which the local authority think fit to purchase, and the land may be granted to the local authority and the proceeds of sale shall be paid and dealt with as if the land had been sold under the authority of the Duchy of Lancaster Lands Act 1855.

131 Savings.

(1) Nothing in the foregoing provisions of this Part of this Act or in Part VIII below— (a) shall authorise the disposal of any land by a local authority in breach of any trust, covenant or agreement which is binding upon them, excluding any trust arising solely by reason of the land being held as public walks or pleasure grounds or in accordance with section 10 of the Open Spaces Act 1906; or (b) shall affect, or empower a local authority to act otherwise than in accordance with, any provision contained in, or in any instrument made under, any of the enactments specified in subsection (2) below and relating to any dealing in land by a local authority or the application of capital money arising from any such dealing. (2) The enactments referred to in subsection (1)(b) above are— (a) the Technical and Industrial Institutions Act 1892; (b) the Military Lands Acts 1892 to 1903; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the Allotments Acts 1908 to 1950; (e) the Small Holdings and Allotments Acts 1908 to 1931; (f) the Ancient Monuments and Archaeological Areas Act 1979 (g) section 28 of the Land Settlement (Facilities) Act 1919; (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j) Part III of the Agriculture Act 1970; and (jj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (k) any local Act (including an Act confirming a provisional order). (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (m) the Housing Act 1985; and (n) Part 2 of the Historic Environment (Wales) Act 2023. (3) Nothing in the foregoing provisions of this Part of this Act shall affect the operation of sections 117 to 121 of the Charities Act 2011 (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 117(3)(a) (certain statutorily authorised dispositions not to require the sanction of the Charity Commission). (4) In this section “local authority” includes a parish meeting and the parish trustees of a parish.

132 Provision of offices, etc. by principal councils.

A principal council may acquire or provide and furnish halls, offices and other buildings, whether within or without the area of the authority, for use for public meetings and assemblies.

133 Provision of parish and community buildings.

A parish or community council may acquire or provide and furnish buildings to be used for public meetings and assemblies or contribute towards the expenses incurred by any other parish or community council or any other person in acquiring or providing and furnishing such a building.

134 Use of schoolroom, etc. in parish or community.

(1) If in a parish there is no suitable public room vested in the parish council or the parish trustees, as the case may be, which can be used free of charge, a suitable room in premises of a school maintained by the local authority . . . or a suitable room the expenditure of maintaining which is payable out of any rate may, subject to subsection (3) below, be used free of charge at all reasonable times and after reasonable notice for any of the following purposes, that is to say, for the purpose of— (a) a parish meeting or any meeting of the parish council, where there is one; or (b) meetings convened by the chairman of the parish meeting or by the parish council, where there is one; or (c) the administration of public funds within or for the purposes of the parish where those funds are administered by any committee or officer appointed by the parish council or parish meeting or by the county council or district council. (2) If in a community there is no suitable public room vested in the community council which can be used free of charge or there is no community council, a suitable room in premises of a school maintained by the local authority . . . or a suitable room the expenditure of maintaining which is payable out of any rate may, subject to subsection (3) below, be used free of charge at all reasonable times and after reasonable notice for any of the following purposes, that is to say, for the purpose of— (a) a community meeting or any meeting of the community council, where there is one; or (b) meetings convened by the community council, where there is one; or (c) the administration of public funds within or for the purposes of the community where those funds are administered by any committee or officer appointed by the community council, where there is one, or by the principal council. (3) Nothing in this section shall authorise— (a) the use of a room used as part of a private dwelling; or (b) any interference with the hours during which a room in the premises of a school is used for educational purposes; or (c) any interference with the hours during which a room used for the purposes of the administration of justice, or for the purposes of the police, is used for those purposes. (4) If, by reason of the use of a room for any of the purposes mentioned in subsection (1) or (2) above, any expense is incurred by persons having control of the room, or any damage is done to the room or the building of which it is part or to its appurtenances, or to the furniture of the room or any teaching aids, the expense or the cost of making good the damage shall be defrayed as an expense of the parish or community council or parish or community meeting. (5) If any question arises under this section as to what is reasonable or suitable, it may be determined by the Secretary of State. (6) In subsections (1) and (2) “local authority” has the meaning given by section 579(1) of the Education Act 1996.

135 Contracts of local authorities.

(1) A local authority may make standing orders with respect to the making of contracts by them or on their behalf. (2) A local authority shall make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works. (3) Standing orders made by a local authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the authority to exempt any contract from any such provision when the authority are satisfied that the exemption is justified by special circumstances. (4) A person entering into a contract with a local authority shall not be bound to inquire whether the standing orders of the authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the authority.

136 Contributions towards expenditure on concurrent functions.

Two or more local authorities may make arrangements for defraying any expenditure incurred by one of them in exercising any functions exercisable by both or all of them.

137 Power of local authorities to incur expenditure for certain purposes not otherwise authorised.

(1) A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of, and will bring direct benefit to, their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure— (a) for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment; nor (b) unless the direct benefit accruing to their area or any part of it or to all or some of the inhabitants of their area will be commensurate with the expenditure to be incurred. (1A) In any case where— (a) by virtue of paragraph (a) of subsection (1) above, a local authority are prohibited from incurring expenditure for a particular purpose, and (b) the power or duty of the authority to incur expenditure for that purpose is in any respect limited or conditional (whether by being restricted to a particular group of persons or in any other way), the prohibition in that paragraph shall extend to all expenditure to which that power or duty would apply if it were not subject to any limitation or condition. (2) It is hereby declared that the power of a local authority to incur expenditure under subsection (1) above includes power to do so by contributing towards the defraying of expenditure by another local authority in or in connection with the exercise of that other authority’s functions. (2A)(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2C) A local authority may incur expenditure under subsection (1) above on publicity only by way of assistance to a public body or voluntary organisation where the publicity is incidental to the main purpose for which the assistance is given; but the following provisions of this section apply to expenditure incurred by a local authority under section 142 below on information as to the services provided by them under this section, or otherwise relating to their functions under this section, as they apply to expenditure incurred under this section. (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2D) In subsection (2C) above— “publicity” means any communication, in whatever form, addressed to the public at large or to a section of the public; and “voluntary organisation” means a body which is not a public body but whose activities are carried on otherwise than for profit. (3) A local authority may, subject , in the case of a parish or community council, to the following provisions of this section, incur expenditure on contributions to any of the following funds, that is to say— (a) the funds of any charitable body in furtherance of its work in the United Kingdom; or (b) the funds of any body which provides any public service (whether to the public as a whole or to any section of it) in the United Kingdom otherwise than for the purposes of gain; or (c) any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by the Lord Mayor of London or the chairman of a principal council or by a committee of which the Lord Mayor of London or the chairman of a principal council is a member or by such a person or body as is referred to in section 83(3)(c) of the Local Government (Scotland) Act 1973. (4) The expenditure of a local authority under this section in any financial year shall not exceed the amount produced by multiplying— (a) such sum as is for the time being appropriate to the authority under Schedule 12B to this Act, by (b) the relevant population of the authority’s area. (4AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4AB) For the purposes of subsection (4)(b) above the relevant population of a local authority’s area shall be determined in accordance with regulations made by the Secretary of State; and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of the House of Commons. (4A) For the purpose of determining whether a local authority have exceeded the limit set out in subsection (4) above, their expenditure in any financial year under this section shall be taken to be the difference between their gross expenditure under this section for that year and the aggregate of the amounts specified in subsection (4B) below. (4B) The amounts mentioned in subsection (4A) above are— (a) the amount of any expenditure which forms part of the authority’s gross expenditure for that year under this section and in respect of which any grant has been or is to be paid under any enactment by a Minister of the Crown, within the meaning of the Ministers of the Crown Act 1975 (whether or not the grant covers the whole of the expenditure); (b) the amount of any repayment in that year of the principal of a loan for the purpose of financing expenditure under this section in any year; (c) so much of any amount raised by public subscription as is spent in that year for a purpose for which the authority are authorised by this section to incur expenditure; (d) any grant received by the authority for that year out of the European Regional Development Fund or the Social Fund of the European Economic Community, in so far as the grant is in respect of an activity in relation to which the authority incurred expenditure in that year under this section; (e) the amount of any repayment in that year of a loan under this section made by the authority in any year; and (f) the amount of any expenditure— (i) which is incurred by the authority in that year in circumstances specified in an order made by the Secretary of State; or (ii) which is incurred by the authority in that year and is of a description so specified; or (iii) which is defrayed by any grant or other payment to the authority which is made in or in respect of that year and is of a description so specified. (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A statutory instrument containing an order under this section may apply to all local authorities or may make different provision in relation to local authorities of different descriptions. (6) Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) The accounts of a local authority by whom expenditure is incurred under this section shall include a separate account of that expenditure. . . . (7A) In relation to England, section 25 of the Local Audit and Accountability Act 2014 (inspection of statements of accounts etc) applies in relation to a separate account included in a local authority’s accounts by virtue of subsection (7) above as it applies in relation to a statement of accounts prepared by the authority pursuant to section 3(3) of that Act. (7B) In relation to Wales, section 29 of the Public Audit (Wales) Act 2004 (rights of inspection) applies in relation to a separate account included in a local authority’s accounts by virtue of subsection (7) above as it applies in relation to a statement of accounts prepared by the authority pursuant to regulations under section 39 of that Act. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) Subject to subsection (10) below, in this section “local authority” means— (a) a parish council which is not an eligible parish council for the purposes of Chapter 1 of Part 1 of the Localism Act 2011 (general power of competence) , or (b) a community council which is not an eligible community council for the purposes of Part 2 of the Local Government and Elections (Wales) Act 2021 (general power of competence). (10) In subsection (3) above “local authority” means— (a) in relation to England, a county council, a district council, a London borough council, the Common Council or a parish council, (b) in relation to Wales, a county council, a county borough council or a community council.

137A Financial assistance to be conditional on provision of information.

(1) If in any financial year a local authority provides financial assistance— (a) to a voluntary organisation, as defined in subsection (2D) of section 137 above, or (b) to a body or fund falling within subsection (3) of that section, and the total amount so provided to that organisation, body or fund in that year equals or exceeds the relevant minimum, then, as a condition of the assistance, the authority shall require the organisation, body or fund, within the period of twelve months beginning on the date when the assistance is provided, to furnish to the authority a statement in writing of the use to which that amount has been put. (2) In this section “financial assistance” means assistance by way of grant or loan or by entering into a guarantee to secure any money borrowed and, in relation to any financial assistance,— (a) any reference to the amount of the assistance is a reference to the amount of money granted or lent by the local authority or borrowed in reliance on the local authority’s guarantee; and (b) any reference to the date when the assistance is provided is a reference to the date on which the grant or loan is made or, as the case may be, on which the guarantee is entered into. (3) The relevant minimum referred to in subsection (1) above is £2,000 or such higher sum as the Secretary of State may by order specify. (4) It shall be a sufficient compliance with a requirement imposed by virtue of subsection (1) above that there is furnished to the local authority concerned an annual report or accounts which contain the information required to be in the statement. (5) A statement (or any report or accounts) provided to a local authority in pursuance of such a requirement shall be deposited with the proper officer of the authority. (6) In this section “local authority” includes the Common Council.

138 Powers of principal councils with respect to emergencies or disasters.

(1) Where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster, and a principal council are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants, the council may— (a) incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and (b) make grants or loans to other persons or bodies on conditions determined by the council in respect of any such action taken by those persons or bodies. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Nothing in this section authorises a local authority to execute— (a) any drainage or other works in any part of a main river, within the meaning of Part IV ’of the Water Resources Act 1991, or of any other watercourse which is treated for the purposes of any of the provisions of that Act as part of a main river, or (b) any works which local authorities have power to execute under sections 14 to 17, 62(2) and (3) and 66 of the Land Drainage Act 1991, but subject to those limitations, the powers conferred by subsections subsection (1) above are in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act. (4) In this section “principal council” includes the Common Council and, until 1st April 1974, the council of an existing county, county borough or county district. (5) With the consent of the Secretary of State, a metropolitan county fire and civil defence authority and the London Fire Commissioner and a mayoral fire and rescue authority may incur expenditure in co-ordinating planning by principal councils in connection with their functions under subsection (1) above. (5A) For that purpose “mayoral fire and rescue authority” means— (a) a mayoral combined authority (which has the same meaning as in Part 6 of the Local Democracy, Economic Development and Construction Act 2009 — see section 107A(8) of that Act), or (b) a mayoral CCA (which has the same meaning as in Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023 — see section 27(8) of that Act), in its capacity as a fire and rescue authority by virtue of section 1(2)(f) or (g) of the Fire and Rescue Services Act 2004. (6) In this section “contingency planning” means the making, keeping under review and revising of plans and the carrying out of training associated with the plans.

138A Prayers and other observances

(1) The business at a meeting of a local authority in England may include time for— (a) prayers or other religious observance, or (b) observance connected with a religious or philosophical belief. (2) Subsection (1) also applies in relation to meetings of— (a) a committee of a local authority in England, (b) a joint committee of two or more such authorities, whether appointed or established under Part 6 of this Act or any other enactment, or (c) a sub-committee of such a committee or joint committee. (3) Subsections (1) and (2) do not limit other powers.

138B Involvement with religious events and events connected with a belief

(1) A local authority in England may support or facilitate, or make arrangements to be represented at, any of the following— (a) a religious event, (b) an event with a religious element, (c) an event connected with a religious or philosophical belief, or (d) an event with an element connected with such a belief. (2) Subsection (1) does not limit other powers. (3) Any powers of a local authority in England that are given otherwise than under subsection (1) may be exercised— (a) for the purpose of supporting or facilitating any event mentioned in subsection (1), or (b) for purposes that include that purpose. (4) Subsection (3) does not limit the generality of those powers.

138C Application of sections 138A and 138B to other authorities

(1) Each of the following is (subject to the limitations set out) to be treated as a local authority for the purposes of sections 138A and 138B— (a) the London Assembly, but only for the purposes of section 138A; (b) the Greater London Authority, but only for the purposes of section 138B; (c) the Mayor's Office for Policing and Crime, but only for the purposes of section 138B; (d) the London Fire Commissioner but only for the purposes of section 138B; (e) Transport for London; (f) a Mayoral development corporation; (g) the Common Council in its capacity as a local authority or police authority or port health authority, but only for the purposes of section 138B(3); (h) the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple, in that person's capacity as a local authority, but only for the purposes of section 138B(3); (i) the Council of the Isles of Scilly; (j) a parish meeting; (k) charter trustees constituted— (i) under section 246, (ii) by the Charter Trustees Regulations 1996 (S.I. 1996/263), or (iii) under Part 1 of the Local Government and Public Involvement in Health Act 2007; (l) a joint authority; (m) an economic prosperity board; (n) a combined authority; (na) a combined county authority; (o) a joint waste authority; (p) a fire and rescue authority constituted by a scheme— (i) under section 2 of the Fire and Rescue Services Act 2004, or (ii) to which section 4 of that Act applies; (pa) a fire and rescue authority created by an order under section 4A of that Act, but only for the purposes of section 138B; (q) the Passenger Transport Executive of an integrated transport area in England; (r) an executive body established, in relation to an Integrated Transport Authority, by virtue of section 79(1)(a) or 84(2)(d) of the Local Transport Act 2008; (s) a joint committee constituted to be a local planning authority by regulations made under section 15J of the Planning and Compulsory Purchase Act 2004; (t) a joint board continued in existence by section 263(1); (u) a joint board constituted a port health authority under section 2(4)(b) of the Public Health (Control of Disease) Act 1984; (v) a riparian authority within section 2(2)(b) of the Public Health (Control of Disease) Act 1984 (conservators or commissioners etc) in its capacity as a port health authority, but only for the purposes of section 138B(3); (w) an internal drainage board for a district neither wholly nor partly in Wales; (x) a police and crime commissioner, but only for the purposes of section 138B; (y) a police and crime panel established and maintained in accordance with Part 2 or 3 of Schedule 6 to the Police Reform and Social Responsibility Act 2011, but only for the purposes of section 138B. (2) Section 138A(2)(a), (b) and (c) apply— (a) as if a police and crime panel established and maintained in accordance with Part 3 of Schedule 6 to the Police Reform and Social Responsibility Act 2011 were a joint committee of the kind mentioned in section 138A(2)(b), (b) as if a committee of a police and crime panel established and maintained in accordance with Part 2 or 3 of that Schedule, and any sub-committee of such a committee, were a sub-committee of the panel, (c) as if a sub-committee of a joint committee constituted to be a local planning authority by regulations made under section 15J of the Planning and Compulsory Purchase Act 2004 were a committee of that joint committee, and (d) as if a committee appointed as mentioned in section 35(3) of the Localism Act 2011 (standards committee of the Greater London Authority) were a joint committee of the kind mentioned in section 138A(2)(b). (3) Section 138B applies in relation to the Greater London Authority as follows— (a) the powers conferred on the Authority by section 138B(1) are exercisable on behalf of the Authority by the Mayor of London, or by the London Assembly, or by the Mayor and Assembly acting jointly, and (b) section 138B(3), so far as it refers to powers of the Authority, refers to powers of the Authority whether exercisable by the Mayor, by the Assembly or by the Mayor and Assembly acting jointly. (4) The Common Council may make payments out of the City fund for the purpose of supporting or facilitating, or making arrangements for the Corporation of the City to be represented at, any event mentioned in section 138B(1). (5) The Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple may, out of funds derived from any precept issued under Part 1 of the Local Government Finance Act 1992, make payments for the purpose of supporting or facilitating, or making arrangements for the Temple concerned to be represented at, any event mentioned in section 138B(1). (6) Subsections (4) and (5) do not limit other powers. (7) An internal drainage board for a district partly but not wholly in Wales is to be treated as a local authority in England— (a) for the purposes of section 138A, but only in relation to meetings held otherwise than in Wales, and (b) for the purposes of section 138B, but only in relation to events that are to take place otherwise than in Wales.

139 Acceptance of gifts of property.

(1) Subject to the provisions of this section a local authority may accept, hold and administer— (a) for the purpose of discharging any of their functions, gifts of property, whether real or personal, made for that purpose; or (b) for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose; and may execute any work (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section. (2) Where any such work is executed in connection with a gift made for the benefit of the inhabitants of the area of a local authority or of some part of that area, the cost of executing the work shall be added to any expenditure under section 137 above in computing the limit imposed on that expenditure by subsection (4) of that section. (3) This section shall not authorise the acceptance by a local authority of property which, when accepted, would be held in trust for an ecclesiastical charity or for a charity for the relief of poverty. (4) Nothing in this section shall affect any powers exercisable by a local authority under or by virtue of the Education Act 1996.

140 Insurance by local authorities against accidents to members.

(1) A local authority may enter into a contract of accident insurance against risks of any member of the authority meeting with a personal accident, whether fatal or not, while engaged on the business of the authority. (2) Any sum received by the authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the member of the authority in respect of an accident to whom that sum is received. (3) The provisions of the Life Assurance Act 1774 shall not apply to any such contract, . . . (3A) References to accident insurance must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act. (4) In this section, the expression . . . “member of the authority” includes a member of a committee or sub-committee of the authority who is not a member of that authority.

140A Insurance of voluntary assistants of local authorities.

(1) A local authority may enter into a contract of insurance of a relevant class against risks of any voluntary assistant of the authority meeting with a personal accident, whether fatal or not, while engaged as such, or suffering from any disease or sickness, whether fatal or not, as the result of being so engaged. (2) In this section “local authority” includes— (a) a board constituted in pursuance of section 2 of the Town and Country Planning Act 1990. . .; (b) the Common Council of the City of London; and (c) the Council of the Isles of Scilly; and “voluntary assistant” means a person who, at the request of the local authority or an authorised officer of the local authority, performs any service or does anything otherwise than for payment by the local authority (except by way of reimbursement of expenses), for the purposes of, or in connection with, the carrying out of any of the functions of the local authority.

140B Insurance of voluntary assistants of probation committee.

(1) A county council . . . may enter into a contract of insurance of a relevant class against risks of any voluntary assistant of a relevant probation committee meeting with a personal accident, whether fatal or not, while engaged as such, or suffering from any disease or sickness, whether fatal or not, as the result of being so engaged. (2) In this section— “relevant probation committee” means— (a) in relation to a county council, a probation committee for a probation area wholly or partly within the county; and (b) in relation to Greater London, a probation committee for a probation area wholly or partly within an outer London borough (within the meaning of section 1 of the 1963 Act); and “voluntary assistant” means a person who, at the request of an authorised officer of the probation committee, performs any service or does anything otherwise than for payment by the committee (except by way of reimbursement of expenses), for the purposes of, or in connection with, the carrying out of any of the functions of the committee. (3) In relation to Wales— (a) subsections (1) and (2)(a) above shall have effect as if they referred to a principal council; and (b) subsection (2)(a) above shall have effect as if it referred to the area of the principal council.

140C Provisions supplementary to sections 140A, 140B.

(1) The relevant classes of contracts of insurance for the purposes of sections 140A and 140B above are— (a) contracts of permanent health insurance; and (b) contracts of accident insurance. (1A) Subsection (1) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act. (2) Any sum received under a contract of insurance made by virtue of section 140A or 140B above shall, after deduction of any expenses incurred in the recovery thereof, be paid by the authority receiving it to, or to the personal representatives of, the voluntary assistant who suffered the accident, disease or sickness in respect of which the sum is received or to such other person as the authority consider appropriate having regard to the circumstances of the case; and a sum paid to any person other than the assistant or his personal representatives shall be applied by that person in accordance with any directions given by the authority for the benefit of any dependant of the voluntary assistant. (3) The provisions of the Life Assurance Act 1774 shall not apply to any such contract. (4) Section 119 above shall apply to any sum which is due by virtue of subsection (2) above and does not exceed the amount for the time being specified in section 119(1) above.

140D Application of sections 140, 140A and 140C to corporate joint committees

Sections 140, 140A and 140C (apart from subsection (4) of that section) apply to a corporate joint committee as they apply to a local authority.

141 Research and the collection of information.

(1) The council of a non-metropolitan county may conduct, or assist in the conducting of, investigations into, and the collection of information relating to, any matters concerning the county or any part of the county and may make, or assist in the making of, arrangements whereby any such information and the results of any such investigation are made available to any other local authority in the county, any government department or the public. (2) The appropriate Minister with respect to any matter may require the council of a county to provide him with any information with respect to that matter which is in the possession of, or available to, that council or any other local authority in the county in consequence of the exercise of any power conferred by or under any enactment; and where such requirement is made in respect of any information which is in the possession of, or available to, any other local authority in the county, but not the county council, the county council may require that other authority to furnish them with that information. (3) This section has effect— (a) in relation to a principal council in Wales— (i) as if any reference to a council were a reference to the principal council, and (ii) as if any reference to a county were a reference to the principal area; (b) in relation to a corporate joint committee— (i) as if any reference to a council were a reference to the corporate joint committee, (ii) as if any reference to a county were a reference to the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee, and (iii) as if any reference to any other local authority in the county were a reference to any local authority in the corporate joint committee’s area.