(1) This section applies if—
(a) a counter-notice is given under section 201, and
(b) the landlord of the premises to which it relates is not, within the period of 14 days beginning with the day on which the counter-notice was received by the local authority, notified by the authority of the withdrawal of the final letting notice.
(2) The landlord may appeal against the final letting notice to the county court.
(3) An appeal must be brought on the ground specified in the counter-notice.
(4) An appeal must be brought within the period of 28 days beginning with the day on which the counter-notice was received by the local authority.
(5) In disposing of an appeal under this section, the county court must either revoke or confirm the final letting notice.
(6) The period referred to in section 198(3), as it applies to a particular final letting notice, is extended by one day (in addition to those referred to in section 201(6)) for each day in the period—
(a) beginning with the day on which an appeal against the notice is brought, and
(b) ending with the day on which the appeal is finally determined, withdrawn or abandoned.
(7) For the purposes of subsection (6)(b), an appeal is not finally determined until the decision on the appeal, or on any further appeal, may not be overturned on a further appeal (ignoring the possibility of an appeal out of time with permission).
(1) A local authority may arrange for a rental auction to be carried out in respect of qualifying high-street premises if—
(a) a final letting notice served by the authority is in force in relation to the premises,
(b) it is no longer possible for that notice to be revoked on appeal (whether because of the expiry of the period referred to in section 201(2) or 202(4) or the final determination, withdrawal or abandonment of an appeal), and
(c) either—
(i) no tenancy or licence has been granted, or other agreement entered into, with the consent of the authority under section 199 or in circumstances where consent was not needed because of subsection (3) of that section, or
(ii) the authority is satisfied that any tenancy, licence or agreement so granted or entered into is consistent with the contemplated exercise of its powers under section 204.
(2) A “rental auction” is a process for finding persons who would be willing to take a tenancy of the premises further to a contract under section 204 and ascertaining the consideration that they would be willing to give in order to do so.
(3) Regulations must make provision about the process.
(4) The regulations must provide for the suitable high-street use of the premises to be specified by the local authority ahead of the auction.
(5) The regulations must provide for the identification of a person as the “successful bidder” following a rental auction, except in cases where the regulations provide for there to be no successful bidder.
(6) The regulations may, in particular, provide for a person who took part in the auction but would not otherwise be the successful bidder to be treated as the successful bidder if—
(a) the landlord of the premises so proposes or agrees, or
(b) it appears to the local authority that it will not be reasonably practicable to enter into a contract under section 204 with the person who would otherwise be the successful bidder.
(7) The regulations may include provision about with whom, and on what terms, the local authority can enter into arrangements for the auction.
(8) The regulations may allow local authorities to make choices as to procedure.
(9) To the extent that the local authority has a choice as to procedure, the local authority must have regard to any representations made by the landlord.
(1) Subsection (2) applies if—
(a) a final letting notice served by the authority is in force in relation to the premises,
(b) the period of 42 days beginning with the day on which that notice took effect has elapsed,
(c) a rental auction has been carried out in respect of qualifying high-street premises, and
(d) the condition in section 203(1)(c) is still met.
(2) The local authority that served the notice may enter into a tenancy contract with the successful bidder in the auction (as identified in accordance with regulations under section 203).
(3) A “tenancy contract” is a contract under which—
(a) the landlord of the premises agrees to grant, and
(b) the successful bidder agrees to take,
a short-term tenancy of the premises (including a contract under which those things are agreed subject to conditions).
(4) A contract entered into under this section has effect as if it was entered into by the landlord of the premises instead of the local authority.
(5) A local authority is to act under this section in its own name, but with an indication that it is acting so as to bind the landlord rather than itself.
(6) As soon as possible after entering into a contract under this section, the local authority must provide a signed copy of it to the landlord.
(1) This section applies in relation to a contract entered into under section 204.
(2) The contract must set out the terms of the agreed tenancy (as to which see section 206).
(3) The contract may identify the physical extent of the premises in greater detail than that in which the premises were identified for the purposes of sections 195 to 203.
(4) The contract may (subject to regulations under subsection (6)) include—
(a) provision allowing the tenant to carry out pre-tenancy works (and to enter land for the purpose);
(b) provision making that ability subject to the consent of the landlord (and about the giving of such consent);
(c) provision requiring the landlord to carry out pre-tenancy works (whether in or outside the premises) before the term of the agreed tenancy begins;
(d) provision about the remedies available to the tenant if the landlord fails to carry out pre-tenancy works as so required.
(5) “Pre-tenancy works” means works carried out (whether in or outside the premises) before the term of the agreed tenancy begins in contemplation of the use of the premises by the tenant once the term begins.
(6) Regulations may—
(a) impose restrictions or conditions on the ability to include provision within subsection (4) in the contract;
(b) provide for circumstances in which provision within subsection (4) must be included in the contract;
(c) make other provision about the terms of the contract.
(7) In making regulations under subsection (6), the Secretary of State must have regard to the terms on which contracts for the grant of short-term tenancies are typically entered into on a commercial basis.
(8) In deciding (so far as it has discretion to do so) on the terms of the contract, the local authority must have regard to any representations made by the landlord.
(9) In this section—
“the agreed tenancy” means the tenancy the grant of which is agreed in the contract;
“the premises” means the premises that are to be demised by the agreed tenancy;
“the tenant” means the prospective tenant under the agreed tenancy;
“the landlord” means the landlord of the premises.
(1) This section applies in relation to a tenancy the grant of which is agreed in a contract entered into under section 204.
(2) If the interest of the landlord in the premises is such that the landlord could not grant a tenancy the term of which ended after a particular time, the term of the tenancy must not end after that time.
(3) The tenancy must include terms requiring that the premises be used wholly or mainly for the suitable high-street use specified by the local authority ahead of the rental auction that preceded the contract.
(4) If the rental auction involved the successful bidder indicating the amount of premium or rent that the successful bidder would be willing to pay, the premium or rent payable under the tenancy must, unless the landlord agrees otherwise, be of the amount indicated (subject to any term of the tenancy about review or deduction of rent).
(5) The terms of the tenancy may include provision granting to the tenant interests or rights in or over land outside the premises in connection with tenant’s use of the premises.
(6) The terms of the tenancy must include provision satisfying each of the descriptions set out in Schedule 21.
(7) Regulations may—
(a) provide exceptions from subsection (6);
(b) provide further detail about the provision that is to be included in the terms of the tenancy by virtue of subsection (6);
(c) make other provision about the terms of the tenancy.
(8) In making regulations under subsection (7), the Secretary of State must have regard to the terms on which short-term tenancies are typically granted on a commercial basis.
(9) In deciding (so far as it has discretion to do so) on the terms of the tenancy, the local authority must have regard to any representations made by the landlord.
(10) In this section—
“the premises” means the premises which are to be demised by the tenancy;
“the landlord” means the landlord of the premises.
(1) This section applies if—
(a) a local authority has entered into a contract under section 204, and
(b) the landlord of the premises to which the contract relates fails to grant a tenancy as required by the contract.
(2) The local authority may grant the tenancy that the landlord should have granted.
(3) A tenancy granted under this section has effect as if it was granted by the landlord instead of the local authority; and the local authority may do anything that the landlord could do in order to make an effective grant.
(4) A local authority is to act under this section in its own name, but with an indication that it is acting so as to bind the landlord rather than itself.
(5) As soon as possible after granting a tenancy under this section, the local authority must provide a signed copy of the instrument by which the tenancy was granted to the landlord.
208 Deemed consent of superior lessor or mortgagee
A contract entered into under section 204, and a tenancy granted further to such a contract, are deemed to have been entered into or granted with the express consent of—
(a) any person who is (or will be when the tenancy is granted) a superior lessor of the land in which the premises in question are comprised, and
(b) any mortgagee of that land.
(1) This section applies in relation to premises that are situated on a designated high street or within a designated town centre.
(2) The local authority for the area in which the premises are situated may, in writing, require any interested person to give information about the premises to the authority.
(3) In subsection (2), “interested person” means a person who appears to the local authority to have an interest in the land in which the premises are comprised.
(4) For the purposes of subsection (2), information about premises includes information about—
(a) the occupation of the premises,
(b) matters affecting the premises,
(c) persons interested in the premises, and
(d) their interests in the premises.
(5) A requirement under subsection (2) must state the time by which and manner in which the information is required to be given.
(6) The power conferred by subsection (2) may be exercised only for the purpose of obtaining information about the premises that the local authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises.
(7) A person commits an offence if the person—
(a) fails without reasonable excuse to comply with a requirement under subsection (2), or
(b) in response to such a requirement, gives information that—
(i) is false, and
(ii) the person knows or should reasonably know to be false.
(8) A person who commits an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) This section applies in relation to premises that are situated on a designated high street or within a designated town centre.
(2) A person authorised in writing by the local authority for the area in which the premises are situated may—
(a) enter and survey the premises, and
(b) enter on any other land in order to gain access to the premises for the purposes of paragraph (a).
(3) In the following provisions of this section, “the power” means the power conferred by subsection (2).
(4) The power may be exercised only for the purpose of obtaining information about the premises that the authority thinks is likely to be necessary or expedient for the exercise of its functions under this Part in relation to the premises.
(5) The power may be exercised only if the local authority has given, or made all reasonable efforts to give, written notice to—
(a) the landlord of the premises, for the purposes of subsection (2)(a), or
(b) the person who appears to the local authority to be in possession of, or entitled to possession of, the land, for the purposes of subsection (2)(b),
at least 14 days before the day on which the power is first exercised in relation to the premises or other land in question.
(6) The power may be exercised only at a reasonable time.
(7) The power may not be exercised in a way that involves the use of force, except on the authority of a warrant issued by a justice of the peace.
(8) Such a warrant—
(a) may be issued only on an application supported by evidence given on oath,
(b) may be issued only if the justice of the peace is satisfied that reasonable efforts have been made to exercise the power without the use of force, and
(c) must specify the number of occasions on which it can be relied.
(9) A person exercising the power must produce—
(a) evidence of the authorisation referred to in subsection (2), and
(b) a copy of any warrant issued under subsection (7),
if so requested by any person who appears to have control over the premises or other land.
(10) If no person who appears to have control over the premises or other land is present when the power is exercised, the person exercising the power must leave the premises or land as secure against trespassers as when the person entered.
(1) A person who, without reasonable excuse, obstructs a person in the exercise of the power conferred by section 211(2) is guilty of an offence.
(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) A person commits an offence if the person discloses confidential information, obtained in the exercise of the power conferred by section 211(2), for purposes other than those for which the power was exercised.
(4) A person who commits an offence under subsection (3) is liable—
(a) on summary conviction, to a fine, or
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
(5) In subsection (3), “confidential information” means information—
(a) which constitutes a trade secret, or
(b) the disclosure of which would or would be likely to prejudice the commercial interests of any person.
(1) Subsection (2) applies if it appears to the county court that, because of—
(a) a failure to comply with a requirement under section 210(2),
(b) the giving of false information in response to such a requirement, or
(c) obstruction of a person in the exercise of the power conferred by section 211(2),
a local authority has been impeded in deciding whether or how to exercise its functions under this Part in relation to premises in respect of which an initial letting notice or final letting notice is in force.
(2) The court may order that the period referred to in section 195(2)(b) or 198(3), as applicable in relation to the notice, is to be extended by such number of days as appears to the court to be appropriate in view of the impediment.
(3) The court may act under this section only on an application by the local authority.
(1) In this section, references to letting notices are to initial letting notices and final letting notices.
(2) Regulations must make provision about—
(a) the form and content of letting notices,
(b) the service of letting notices, and
(c) when letting notices take effect.
(3) In making regulations under subsection (2)(a), the Secretary of State must seek to secure that letting notices—
(a) identify the premises to which they relate and their suitable high-street use,
(b) explain the reasons for the service of the notice, and
(c) explain the consequences under this Part of the notice having been served,
in such detail as is adequate in order for the recipient of the notice to be able to decide how to act in response to it.
(4) For the purposes of this Part, an authority serves a letting notice on the day on which it takes the last step that it needs to take in order for the notice to be served in accordance with regulations under subsection (2)(b).
(5) In making regulations under subsection (2)(c), the Secretary of State must seek to secure that, in the ordinary course of events (taking into account the method of service employed), it is likely that the landlord will become aware of the notice by the time it takes effect.
(6) A letting notice served by a local authority may be withdrawn by the authority at any time.
(7) A letting notice—
(a) is not affected by any change in the landlord of the premises in relation to which it has been served, and
(b) is a local land charge.
(8) Regulations may provide for copies of letting notices to be served on—
(a) persons with interests in the affected premises that are superior to the landlord’s interest;
(b) mortgagees of the affected premises.
Regulations may make provision about the manner of, or procedure to be followed in connection with—
(a) making, varying or withdrawing a designation under section 191;
(b) seeking, giving or refusing consent under section 196 or 199;
(c) giving a counter-notice under section 201;
(d) making representations under section 203(9), 205(8) or 206(9);
(e) making a requirement under section 210;
(f) giving notice under section 211(5).
(1) A person interested in land is entitled to compensation for damage as a result of the exercise of the power conferred by section 211.
(2) Such compensation is payable by the local authority that authorised the exercise of the power.
(3) Any disputes relating to compensation under this section are to be determined by the Upper Tribunal.
(4) The provisions of section 4 of the Land Compensation Act 1961 apply to the determination of such disputes, with any necessary modifications.
(5) Except as provided by subsection (1), no compensation is payable in respect of the exercise of the powers conferred by this Part.
217 Power to modify or disapply enactments applicable to letting
(1) Subsection (2) applies to an enactment which imposes obligations on a lessor or prospective lessor of premises in relation to—
(a) the letting of the premises, or
(b) the premises while let.
(2) Regulations may provide for the enactment to—
(a) apply with modifications, or
(b) not to apply,
in relation to a tenancy granted (or to be granted) further to a contract entered into under section 204, or the premises demised by such a tenancy.
(3) In this section “enactment” includes an enactment comprised in subordinate legislation, within the meaning given by section 21(1) of the Interpretation Act 1978.
(1) The following provisions apply for the purposes of this Part.
(2) Each of the following is a local authority—
(a) a district council in England,
(b) a county council in England for any area for which there is no district council,
(c) a London borough council,
(d) the Common Council of the City of London, and
(e) the Council of the Isles of Scilly.
(3) “Premises” means—
(a) the whole of a building that is designed or adapted to be used as a whole, or
(b) any part of a building that—
(i) is designed or adapted to be used separately from the other parts, or
(ii) could with reasonable adaptation be so used.
(4) Premises are situated on a street if the building comprising or containing the premises—
(a) directly adjoins the street, or
(b) is separated from the street only by the curtilage of the building.
(5) “Street” means a street, within the meaning given by section 48(1) of the New Roads and Street Works Act 1991, to which the public have access on foot (whether by right or permission); and includes any part of a street.
(6) “The landlord”, in relation to premises, means a person who—
(a) is entitled to possession of the premises, and
(b) has sufficient interest in the premises to be capable of granting a tenancy of the premises of at least one year in duration.
(7) For the purposes of subsection (6) as it applies in relation to—
(a) the service of a final letting notice in the circumstances described in section 198(1)(c)(ii), and
(b) the operation of this Part following the service of such a notice,
the tenancy, licence or agreement referred to in section 198(1)(c)(ii) is to be ignored.
(8) “Short-term tenancy” means a tenancy for a term of at least one year but not exceeding five years.
(9) References to the terms of a contract or tenancy include covenants, conditions and grants.
(10) “Mortgagee” is to be read as if any charge or lien for securing money or money’s worth was a “mortgage”.
(11) References to regulations are to regulations made by the Secretary of State.
219 Power to require provision of certain classes of information
(1) Regulations may require the provision of information that is within the scope of a permitted purpose.
(2) So far as the regulations are to extend to England and Wales, the permitted purposes are—
(a) the beneficial ownership purpose (see section 220),
(b) the contractual control purpose (see section 221), and
(c) the national security purpose (see section 222).
(3) So far as the regulations are to extend to Scotland or Northern Ireland, the only permitted purpose is the national security purpose.
(4) Regulations under this section must, for each requirement they impose, specify—
(a) the person on whom the requirement falls,
(b) the occurrence or circumstances that gives or give rise to the requirement,
(c) the time limit for complying with the requirement, and
(d) the person to whom the required information is to be provided.
(5) The occurrence or circumstances specified under subsection (4)(b)—
(a) must, in the case of a requirement to provide information within the scope of the national security purpose, and
(b) in any other case may,
be (or include) the giving of a notice in accordance with the regulations to the person on whom the requirement falls.
(6) In relation to such cases, the regulations may also make provision deeming notice to have been given at a certain time in certain circumstances.
(7) The person specified under subsection (4)(d) must be—
(a) the Chief Land Registrar, or
(b) another person exercising public functions on behalf of the Crown.
(8) Regulations under this section may—
(a) make provision about how information is to be provided (including provision requiring it to be provided by electronic means specified in the regulations);
(b) provide for, or make provision about, the application of the regulations to persons outside, or information held outside, the United Kingdom;
(c) relate to things done or arising before the coming into force of this section.
(1) Information is within the scope of the beneficial ownership purpose if it appears to the Secretary of State that the information would be useful for the purpose of—
(a) identifying persons who are beneficial owners of land in England or Wales, or
(b) understanding the relationship of those persons with the land that they beneficially own.
(2) For the purposes of this section, a person beneficially owns land if either of the following subsections applies.
(3) This subsection applies where—
(a) the land is owned by a body corporate or partnership, and
(b) the person is, in relation to that body corporate or partnership, a beneficial owner within the meaning given by regulation 5 of the Money Laundering Regulations.
(4) This subsection applies where—
(a) the land is owned as part of—
(i) a trust, foundation or similar legal arrangement, or
(ii) the estate of a deceased person in the course of administration, and
(b) the person is, in relation to that trust, foundation, arrangement or estate, a beneficial owner within the meaning given by regulation 6 of the Money Laundering Regulations.
(5) In this section—
(a) expressions that are also used in regulation 5 or 6 of the Money Laundering Regulations have the same meaning as in that regulation;
(b) references to ownership of land (except references to beneficial ownership) are to the legal ownership of a freehold or leasehold estate in the land;
(c) “the Money Laundering Regulations” means the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).
(1) Information is within the scope of the contractual control purpose if it appears to the Secretary of State that the information would be useful for the purpose of understanding relevant contractual rights.
(2) For the purposes of subsection (1), understanding relevant contractual rights includes identifying the persons holding them and understanding the circumstances in which they were created or acquired.
(3) “Relevant contractual rights” are rights that—
(a) arise under a contract,
(b) relate to the development, use or disposal of land in England or Wales, and
(c) are held for the purposes of an undertaking.
(4) In this section—
“contract” includes a deed (whether or not made for consideration);
“undertaking” includes—
a business,
a charity or similar endeavour, and
the exercise of functions of a public nature.
(1) Information is within the scope of the national security purpose if—
(a) the information relates to land that is within subsection (2),
(b) the information is within subsection (3), and
(c) it appears to the Secretary of State that requiring the provision of the information under section 219 would be justified in the interests of national security.
(2) Land is within this subsection if it appears to the Secretary of State that a threat to national security arises in connection with the location of the land or anything situated or done on it.
(3) Information is within this subsection if it appears to the Secretary of State that the information would be useful for the purpose of—
(a) identifying persons who—
(i) own relevant interests in the land,
(ii) have relevant rights concerning the land, or
(iii) have the ability, or are in a position that may involve the ability, to control or influence (directly or indirectly) the owner of a relevant interest in the land, or a person with a relevant right concerning the land, in the exercise of that ownership or right, or
(b) understanding the relationship of those persons with the land.
(4) In subsection (3)—
(a) references to ownership include legal and beneficial ownership;
(b) “control or influence” includes control or influence by reason of interests or rights in or under a company, partnership, trust, foundation, or legal structure or arrangement similar to any of those.
223 Requirements may include transactional information
(1) The information that may (if it falls within the scope of a permitted purpose) be required to be provided under section 219 includes transactional information about instruments, contracts or other arrangements—
(a) creating, altering, extinguishing, evidencing, or transferring relevant interests in land, or
(b) conferring, amending, assigning, terminating or otherwise modifying relevant rights concerning land.
(2) “Transactional information” means—
(a) details of the parties to a transaction;
(b) details of persons on whose behalf or for whose benefit the parties to a transaction are or were acting;
(c) details of the terms of a transaction;
(d) details of persons providing professional services in relation to a transaction;
(e) details of the source of any money paid or other consideration given in connection with a transaction;
(f) copies of documents giving effect to or evidencing a transaction.
(3) “Transaction”, in subsection (2), means an instrument, contract or other arrangement within subsection (1).
(1) Regulations may provide for—
(a) the retention of information provided further to a requirement imposed under section 219;
(b) the sharing of such information with persons exercising functions of a public nature, for use for the purposes of such functions;
(c) the publication of such information.
(2) In the case of a requirement to provide information within the scope of the national security purpose, regulations under subsection (1) may be made so as to apply to information provided further to the requirement only so far as appears to the Secretary of State to be justified in the interests of national security.
(3) Regulations may provide for the payment of fees—
(a) by persons providing information further to a requirement imposed under section 219, and
(b) to the person to whom the information is provided, in respect of any functions conferred on that person under subsection (1).
(4) No civil liability is to arise from the sharing or publication of information under regulations under this section by reason of any inaccuracy or omission in the information as provided further to a requirement imposed under section 219.
(1) A person who, without reasonable excuse, fails to comply with a requirement imposed under section 219 commits an offence.
(2) A person commits an offence if—
(a) the person provides information in response to a requirement imposed under section 219,
(b) the information is false or misleading in a material particular, and
(c) the person knows that the information is false or misleading or is reckless as to whether it is.
(3) But an offence under this section is committed under the law of a given jurisdiction only if the requirement in question is imposed by regulations extending to that jurisdiction.
(4) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both);
(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(5) In subsection (4)(a), “the maximum term for summary offences” means—
(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
(b) if the offence is committed after that time, 51 weeks.
(6) A person guilty of an offence under subsection (2) is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
(7) If—
(a) an entity within subsection (8) commits an offence under this section, and
(b) a person who is, or is purporting to act as, a relevant officer of the entity authorises or permits, participates in, or fails to take all reasonable steps to prevent the commission of the offence,
that person also commits the offence.
(8) The entities within this subsection are those specified in the first column of the following table; and “relevant officer”, in relation to such an entity, means a person acting in a capacity specified in the corresponding entry in the second column.
Entity | “Relevant officer”
A company. | A director, manager, secretary or similar officer.
A partnership. | A partner.
A body corporate (other than a company) or unincorporated body whose affairs are managed by a governing body. | A member of the governing body.
A body corporate (other than a company) or unincorporated body whose affairs are managed by its members. | A member.
(9) An offence under this section committed under the law of Scotland by a person outside Scotland may be prosecuted in—
(a) a sheriff court district in which the person is apprehended or in custody, or
(b) a sheriff court district determined by the Lord Advocate,
as if the offence had been committed in that district (and in that event the offence is for all incidental or consequential purposes deemed to have been committed in that district).
(10) In subsection (9), “sheriff court district” is to be read in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995.
(1) Regulations may make provision to prevent a relevant registration act from being carried out in relation to a relevant interest in land or relevant right concerning land in relation to which a requirement imposed under section 219 has not been complied with.
(2) For the purposes of subsection (1), a relevant registration act is any act that would or could be carried out in relation to the register of title kept under the Land Registration Act 2002.
(3) Regulations under subsection (1) may—
(a) amend the Land Registration Act 2002;
(b) make consequential amendments of any other enactment.
In this Part—
“person” includes any entity that has legal personality under the law by which it is governed;
“regulations” means regulations made by the Secretary of State;
“relevant interest in land” means an estate, interest, right or power in or over land in the United Kingdom, except an advowson, franchise or manor;
“relevant right concerning land” means a right or power, arising under a contract or otherwise, that is not a relevant interest in land but concerns the ownership, control or use of land in the United Kingdom.
(1) The Secretary of State must by regulations make provision requiring or permitting the registration of specified short-term rental properties in England.
(2) “Short-term rental property” means—
(a) a dwelling, or part of a dwelling, which is provided by a person (“the host”) to another person (“the guest”)—
(i) for use by the guest as accommodation other than the guest’s only or principal residence,
(ii) in return for payment (whether or not by the guest), and
(iii) in the course of a trade or business carried on by the host, and
(b) any dwelling or premises, or part of a dwelling or premises, not falling within paragraph (a) which is specified for the purposes of this paragraph.
(3) The Secretary of State must consult the public before making the first regulations under this section.
(4) The requirement in subsection (3) may be satisfied by consultation undertaken before the coming into force of this section.
(5) Regulations under this section may, in particular, include provision about or in connection with—
(a) who may, or must, maintain the register or registers provided for under this section;
(b) who may, or must, register a specified short-term rental property on any register provided for under this section;
(c) conditions that must be satisfied for a specified short-term rental property to be registered or conditions that may be placed upon a specified short-term rental property’s registration (including provision about the circumstances in which such conditions may be varied);
(d) the circumstances in which the registration of a specified short-term rental property may be revoked;
(e) procedural requirements relating to the registration of a specified short-term rental property, the variation of any conditions placed on the registration or the revocation of the registration;
(f) appeals against decisions made in relation to the registration of a specified short-term rental property;
(g) the form or content of—
(i) a register provided for under this section,
(ii) an application for registration on such a register, or
(iii) any other document provided for under this section;
(h) how the registration of a specified short-term rental property may or must be publicised;
(i) the collection, provision or publication of information in connection with regulations under this section;
(j) exemptions from some or all of the requirements imposed by regulations under this section;
(k) prohibiting the provision of a short-term rental property or anything done wholly or partly for the purposes of promoting such a property to the public or a section of the public, in the course of a trade or business, where the property is not registered or another requirement imposed by regulations under this section has not been met;
(l) the enforcement of requirements or prohibitions imposed by regulations made under this section.
(6) Provision under subsection (5)(l) may, in particular, include provision—
(a) conferring a power on a court or tribunal;
(b) for the imposition of civil sanctions and appeals against such sanctions.
(7) Regulations under this section may make provision for the imposition of civil sanctions whether or not the conduct in respect of which the sanction is imposed constitutes an offence.
(8) Regulations under this section may—
(a) provide for the charging of fees or other charges;
(b) confer a function, including a function involving the exercise of a discretion, on any person;
(c) relate to all or only part of England (and still discharge the duty in subsection (1)).
(9) In this section—
“civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices, enforcement undertakings);
“premises” includes any place and, in particular, includes—
any vehicle or vessel;
any tent or moveable structure;
“specified” means specified or described in regulations made under this section.
Schedule 22 makes—
(a) provision to make the regime for pavement licences under sections 1 to 9 of the Business and Planning Act 2020 permanent, and
(b) other provision relating to pavement licences.
(1) The Secretary of State may, from time to time, appoint an independent person to carry out a review of—
(a) the governance of the Royal Institution of Chartered Surveyors,
(b) the effectiveness of the Institution in meeting its objectives, and
(c) any other matter specified in the appointment.
(2) A matter may be specified under subsection (1)(c) only if the Secretary of State considers that the matter is connected with—
(a) the governance of the Institution, or
(b) the effectiveness of the Institution in meeting its objectives.
(3) On completion of a review, the appointed person must make a written report to the Secretary of State—
(a) setting out the result of the review, and
(b) making such recommendations (if any) as the person considers.
(4) The Secretary of State must publish a copy of the report.
(5) In this section “independent” means appearing to the Secretary of State to be independent of—
(a) the Secretary of State, and
(b) the Royal Institution of Chartered Surveyors.
(1) The Marine and Coastal Access Act 2009 is amended in accordance with subsections (2) to (7).
(2) In section 72A (further fees chargeable where the Welsh Ministers are the appropriate licensing authority)—
(a) in the heading, from “Welsh” to the end substitute “appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”;
(b) in subsection (1), for the words from “Welsh” to the end substitute “appropriate licensing authority in relation to a marine licence granted under this Part is the Secretary of State, the Scottish Ministers or the Welsh Ministers.”;
(c) in subsection (2)(c), insert at the beginning “where the Welsh Ministers are the licensing authority,”;
(d) after subsection (2) insert—
(2A) Where the licensing authority is the Secretary of State or the Scottish Ministers, the authority may charge a fee for dealing with—
(a) a variation of the licence under section 72(3) (whether or not on an application), or
(b) a transfer and variation of the licence under section 72(7).
;
(e) in subsection (4), for “subsection (2)” substitute “subsections (2) and (2A)”;
(f) in subsection (6)—
(i) the words from “an application” to “72” become paragraph (a),
(ii) at the beginning of that paragraph insert “where the Welsh Ministers are the licensing authority,”,
(iii) after that paragraph insert
, or
(b) where the licensing authority is the Secretary of State or the Scottish Ministers, an application for a variation of a licence under section 72(3) or a transfer and variation of a licence under section 72(7),
;
(iv) in the closing words, after “licensee” insert “or (as the case may be) other applicant”; and
(g) in subsection (9), after “licensee” insert “or other applicant”.
(3) In section 98 (delegation of functions), in subsection (6)—
(a) in paragraph (ca), for “Welsh Ministers are the licensing authority” substitute “licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”;
(b) in paragraph (ha), for “Welsh Ministers are the licensing authority” substitute “licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”;
(c) in paragraph (hb), for “Welsh Ministers are the licensing authority” substitute “licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers”.
(4) In section 107A (deposits on account of fees payable)—
(a) in the heading, after “the” insert “Secretary of State, the Scottish Ministers or the”;
(b) in subsection (1), from “Welsh” to the end substitute “appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers.”
(5) In section 107B (supplementary provision about fees)—
(a) in the heading, after “the” insert “Secretary of State, the Scottish Ministers or the”;
(b) in subsection (1), from “Welsh” to the end substitute “appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers.”
(6) In section 108 (appeals against notices), in subsection (2A), at the beginning insert “The Secretary of State, the Scottish Ministers or”.
(7) In section 110A (fees: oil and gas activities for which marine licence needed), in subsection (4)—
(a) after “67,” insert “72(3), 72(7) or 72A(2)(a) or (b),”;
(b) after “67(2)” insert “or 72A(4)”;
(c) after “67(5)” insert “or 72A(6)”.
(8) The amendments made to the Marine and Coastal Access Act 2009 by sections 77 to 80 of the Environment (Wales) Act 2016 (anaw 3) extend to Scotland and Northern Ireland (as well as England and Wales).
(9) The Public Bodies (Marine Management Organisation) (Fees) Order 2014 (S.I. 2014/2555) is revoked.
233 Power to replace Health and Safety Executive as building safety regulator
(1) The Secretary of State may by regulations make provision for a body (“the new regulator”) to replace the Health and Safety Executive as the building safety regulator for the purposes of the Building Safety Act 2022.
(2) The new regulator may be—
(a) a body established by the regulations, or
(b) another body specified in the regulations.
(3) The Secretary of State may by regulations make further provision in connection with subsection (1), including provision—
(a) conferring the functions of the Health and Safety Executive as the building safety regulator on to the new regulator;
(b) establishing or modifying the constitutional arrangements of the new regulator;
(c) establishing or modifying the funding arrangements of the new regulator;
(d) conferring a power on the Secretary of State to give directions to the new regulator.
(4) Regulations under this section may amend, repeal or revoke any provision made by or under—
(a) the Health and Safety at Work etc. Act 1974;
(b) the Building Act 1984;
(c) TCPA 1990;
(d) section 54 of PCPA 2004;
(e) the Building Safety Act 2022.
(5) No regulations may be made under this section after the end of the period of 24 months beginning with the day on which the final report of the Grenfell Tower Inquiry is presented to Parliament in accordance with section 26 of the Inquiries Act 2005.
(6) In this section—
“constitutional arrangements”, in relation to the new regulator, include matters relating to—
the name and status of the body;
the chair, members and staff of the body (including qualifications and procedures for appointment and functions);
the body’s powers to employ staff;
remuneration, allowances and pensions for the body’s members and staff;
governing procedures and arrangements (including the role and membership of committees and sub-committees);
reports and accounts (including audit);
“funding arrangements”, in relation to the new regulator, include provision for it to be funded by a Minister of the Crown and the extent of such funding;
“Grenfell Tower Inquiry” means the public inquiry into the fire at Grenfell Tower on 14 June 2017 as set up on 15 August 2017 for the purposes of section 5 of the Inquiries Act 2005;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.
234 Transfer schemes in connection with regulations under section 233
(1) The Secretary of State may, in connection with regulations under section 233(1), make one or more schemes for the transfer of property, rights and liabilities (“transfer schemes”).
(2) A transfer scheme in connection with regulations under section 233(1) may provide for the transfer of property, rights or liabilities to the new regulator from the Health and Safety Executive.
(3) The things that may be transferred under a transfer scheme include—
(a) property, rights and liabilities that could not otherwise be transferred;
(b) property acquired, and rights and liabilities arising, after the making of the scheme;
(c) criminal liabilities.
(4) A transfer scheme may—
(a) create rights, or impose liabilities, in relation to property or rights transferred;
(b) make provision about the continuing effect of things done by, on behalf of or in relation to the Health and Safety Executive in respect of anything transferred;
(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Health and Safety Executive in respect of anything transferred;
(d) make provision for references to the Health and Safety Executive in an instrument or other document in respect of anything transferred to be treated as references to the new regulator;
(e) make provision for the shared ownership or use of property;
(f) make provision which is the same as or similar to the TUPE regulations;
(g) make other consequential, supplementary, incidental or transitional provision.
(5) A transfer scheme may provide—
(a) for modifications by agreement;
(b) for modifications to have effect from the date when the original scheme came into effect.
(6) In subsection (4)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
(7) For the purposes of this section—
(a) references to rights and liabilities include rights and liabilities relating to a contract of employment;
(b) references to the transfer of property include the grant of a lease.
(8) For the purposes of subsection (7)(a)—
(a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and
(b) the terms of the individual’s employment in the civil service of the State are to be treated as constituting the terms of the contract of employment.
(9) In this section “new regulator” has the meaning given in section 233(1).
(1) The Countryside and Rights of Way Act 2000 is amended as follows.
(2) After section 9 (maps in conclusive form) insert—
Review of maps (England)
9A (1) This section applies where a map has been issued in conclusive form for the purposes of this Part in respect of any area in England.
(2) Natural England must before 1 January 2031, to the extent that they consider appropriate, carry out a review of whether—
(a) any land shown on that map as open country or registered common land is open country or registered common land at the time of the review, and
(b) any land in that area which is not so shown ought to be so shown.
(3) Regulations may require Natural England to carry out subsequent reviews, in respect of such matters and in respect of such circumstances as may be prescribed.
(3) In section 10 (review of maps)—
(a) at the end of the heading insert “(Wales)”;
(b) in subsection (1), after “area” insert “in Wales”;
(c) in subsection (2), for paragraphs (a) and (b) substitute—
(a) in the case of the first review, not more than ten years after the issue of the map in conclusive form, and
(b) in the case of subsequent reviews, not more than fifteen years after the previous review.
(4) In section 11 (regulations relating to maps)—
(a) in subsection (2), after paragraph (j) insert—
(ja) the procedure to be followed on a review under section 9A (including provision as to the period within which, and the manner in which, representations may be made to Natural England in relation to such a review),
;
(b) after subsection (3) insert—
(3A) Regulations made by virtue of subsection (2)(ja) may make provision—
(a) for appeals in relation to a review, including by making provision applying, or corresponding to, any provision of, or made under, Schedule 1A to the National Parks and Access to the Countryside Act 1949 (coastal access reports) (with or without modifications);
(b) enabling Natural England to make a determination in preparing a map on a review that any boundary of an area of open country is to be treated as coinciding with a particular physical feature (whether the effect is to include other land as open country or to exclude part of an area of open country).
(1) In section 96 of the Childcare Act 2006 (meaning of early years and later years provision etc), in each of subsections (4) and (8) omit “, where at least half of the provision is on domestic premises”.
(2) Schedule 23 amends the Childcare Act 2006 to make provision relating to the registration of persons providing childminding wholly on non-domestic premises.
In section 96 of the Childcare Act 2006 (meaning of early years and later years provision etc), in each of subsections (5) and (9), for “three” substitute “four”.
239 Amendments of Schedule 7B to the Government of Wales Act 2006
(1) Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru) is amended in accordance with subsections (2) and (3).
(2) In paragraph 9(8)(b) (exceptions to restrictions relating to reserved authorities)—
(a) omit the “or” at the end of paragraph (vi);
(b) after paragraph (vii) insert
; or
(viii) Chapter 1 of Part 3 or Part 6 of the Levelling-up and Regeneration Act 2023.
(3) In paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the Crown)—
(a) omit the “or” at the end of the first paragraph (ix);
(b) for the second paragraph (ix) substitute—
(x) the Trade (Australia and New Zealand) Act 2023; or
(xi) Chapter 1 of Part 3 or Part 6 of the Levelling-up and Regeneration Act 2023.
(4) In the Procurement Act 2023—
(a) in section 118 (concurrent powers and the Government of Wales Act 2006), for paragraphs (c) and (d) substitute—
(c) at the end of paragraph 11(6)(b)(x), omit “or”, and
(d) in paragraph 11(6)(b)(xi), at the end insert
, or
(xii) the Procurement Act 2023.
;
(b) in Schedule 11 (repeals and revocations), for paragraph 1 substitute—
1 In Schedule 7B to the Government of Wales Act 2006 (general restrictions on devolved competence)—
(a) paragraph 9(9)(d) (as inserted by the Trade (Australia and New Zealand) Act 2023), and
(b) paragraph 11(6)(b)(x) (as inserted by the Levelling-up and Regeneration Act 2023).
In paragraph 4 of Schedule 2 to the Local Government Act 1985 (Listed Buildings, Conservation Areas and Ancient Monuments), for “Greater London” substitute “any area in England”.
241 Powers of local authority in relation to the provision of childcare
In section 8 of the Childcare Act 2006 (powers of local authority in relation to the provision of childcare)—
(a) in subsection (1)(c) omit “subject to subsection (3),”;
(b) omit subsections (3) to (5).
242 Report on enforcement of the Vagrancy Act 1824
(1) The Secretary of State must prepare and publish a report on the impact of the enforcement of sections 3 and 4 of the Vagrancy Act 1824 on the levelling-up missions (within the meaning given by section 1(2)(a)).
(2) The report must be published within the period of 12 months beginning with the day on which this section comes into force.
(3) This section ceases to have effect on the day on which section 81 of the Police, Crime, Sentencing and Courts Act 2022 (repeal of the Vagrancy Act 1824 etc) comes into force.
243 Qualifying leases under the Building Safety Act 2022
(1) The Building Safety Act 2022 is amended in accordance with subsections (2) to (4).
(2) In section 119 (meaning of “qualifying lease”) after subsection (3) insert—
(3A) A connected replacement lease (see section 119A) is also a “qualifying lease”.
(3) After section 119 insert—
Meaning of “connected replacement lease”
119A (1) For the purposes of section 119 (and this section) a lease (the “new lease”) is a “connected replacement lease” if—
(a) the new lease is a lease of a single dwelling in a relevant building,
(b) the tenant under the new lease is liable to pay a service charge,
(c) the new lease was granted on or after 14 February 2022,
(d) the new lease replaces—
(i) one other lease, which is a qualifying lease (whether under section 119(2) or (3A)), or
(ii) two or more other leases, at least one of which is a qualifying lease (whether under section 119(2) or (3A)), and
(e) there is continuity in the property let.
(2) For the purposes of subsection (1)(d), the new lease replaces another lease if—
(a) the term of the new lease begins during the term of the other lease, and the new lease is granted in substitution of the other lease, or
(b) the term of the new lease begins at the end of the term of the other lease (regardless of when the lease is granted).
(3) For the purposes of subsection (2)(a), the circumstances in which the new lease is granted in substitution of another lease include circumstances where—
(a) the new lease is granted by way of a surrender and regrant of the other lease (including a deemed surrender and regrant, whether deemed under an enactment or otherwise);
(b) the new lease is granted under—
(i) section 24 of the Landlord and Tenant Act 1954 (renewed business leases),
(ii) section 14 of, or Schedule 1 to, the Leasehold Reform Act 1967 (extension of leases of houses), or
(iii) section 56 of the Leasehold Reform, Housing and Urban Development Act 1993 (extension of leases of flats),
in a case where that provision of that Act applies by virtue of the other lease.
(4) For the purposes of subsection (1)(e) there is continuity in the property let if—
(a) the newly let property is exactly the same as the already let property,
(b) the newly let property consists of some or all of the already let property, together with other property (whether or not that other property was previously let) (a “property combination”), or
(c) the newly let property consists of some, but not all, of the already let property (but no other property) (a “property reduction”).
(5) But there is no continuity in the property let by virtue of a property reduction if, as respects any lease in the relevant chain of qualifying leases, there was continuity in the property let by virtue of a property combination.
(6) For that purpose, the “relevant” chain of qualifying leases is the chain of qualifying leases of which the new lease would be part were it a connected replacement lease.
(7) For the purposes of subsection (1)(e) there is also continuity in the property let if the new lease is granted to rectify any error in the lease, or any lease, which the new lease replaces.
(8) Where a dwelling is at any time on or after 14 February 2022 let under two or more leases to which subsection (1)(a) and (b) apply, any of the leases which is superior to any of the other leases is not a connected replacement lease.
(9) For the purposes of sections 122 to 125 and Schedule 8, all of the leases in a chain of qualifying leases are to be treated as a single qualifying lease which has a term that—
(a) began when the term of the initial qualifying lease in that chain began, and
(b) ends when the term of the current connected replacement lease in that chain ends.
(10) The Secretary of State may by regulations make provision about the meaning of “connected replacement lease” (including provision changing the meaning).
(11) The provision that may be made in regulations under this section includes—
(a) provision which amends this section;
(b) provision which has retrospective effect.
(12) Provision in regulations under this section made by virtue of section 168(2)(a) (consequential provision etc) may (in particular) amend this Act.
(13) In this section—
“already let property”, in relation to a new lease, means the property let by the lease or leases which the new lease replaces;
“chain of qualifying leases” means—
an initial qualifying lease which is the preceding qualifying lease in relation to a connected replacement lease (the “first replacement lease”),
the first replacement lease, and
any other connected replacement lease if the preceding qualifying lease in relation to it is—
the first replacement lease, or
any other connected replacement lease which is in the chain of qualifying leases;
and a chain of qualifying leases may accordingly consist of different leases at different times (if further connected replacement leases are granted);
“current connected replacement lease”, in relation to a particular time, means a connected replacement lease during the term of which that time falls;
“initial qualifying lease” means a lease which is a qualifying lease under section 119(2);
“new lease” has the meaning given in subsection (1);
“newly let property” means the property let by the new lease;
“preceding qualifying lease”, in relation to the new lease, means—
in a case within subsection (1)(d)(i), the lease which the new lease replaces;
in a case within subsection (1)(d)(ii), a lease which—
the new lease replaces, and
is a qualifying lease.
(14) The definitions in section 119(4) also apply for the purposes of this section.
(4) In section 168(6)(a) (affirmative procedure for regulations), after “74,” insert “119A,”.
(5) The amendments made by this section are to be treated as having come into force on 28 June 2022.