Local Government, Planning and Land Act 1980

PART XLand Held by Public Bodies

93Public bodies to whom Part X applies

(1)This Part of this Act applies to any body for the time being specified in Schedule 16 to this Act.

(2)The Secretary of State may by order made by statutory instrument amend Schedule 16 to this Act—

(a)by adding an entry naming a public body not for the time being specified in the Schedule;

(b)by amending or deleting any entry for the time being contained in the Schedule.

(3)A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Before making an order under subsection (2) above, the Secretary of State shall send written notification that he proposes to make the order to any body to whom this Part of this Act would apply by virtue of the order.

(5)Any body specified in a notification under subsection (4) above may make representations to the Secretary of State within a period of 42 days from the date of the notification.

(6)Where the Secretary of State has sent a notification under subsection (4) above to a body, he may not make the order to which the notification relates until the expiration of the period specified in subsection (5) above.

94Areas in which Part X is to operate

(1)This Part of this Act shall come into operation in accordance with subsection (2) below.

(2)The Secretary of State may by order made by statutory instrument direct that this Part of this Act shall come into operation in the area of any district council or London borough council specified in the order.

(3)A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)The City of London shall be treated for the purposes of this section as if it were a London borough and as if the Common Council were the council of that borough.

95Registration of land holdings

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

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

(a)that a freehold or leasehold interest in the land is owned by a body to which this Part of this Act applies or a subsidiary of such a body ;

(b)that it is situated in an area in relation to which this Part of this Act is in operation or is not so situated but adjoins other land which is so situated and in which a freehold or leasehold interest is owned by a body to which this Part of this Act applies or a subsidiary of such a body; and

(c)that in the opinion of the Secretary of State the land is not being used or not being sufficiently used for the purposes of the performance of the body's functions or of carrying on their undertaking.

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

(4)The Secretary of State may also enter on the register any Crown land situated in an area in relation to which this Part of this Act is in operation or not so situated but adjoining other Crown land which is so situated.

(5)The information to be included in the register in relation to any land entered on it shall be such as the Secretary of State thinks fit.

(6)In this section "Crown land " means land belonging to a government department or to a body who perform their functions on behalf of the Crown or held on trust for Her Majesty for the purposes of a government department; and in this subsection " government department" includes any Minister of the Crown.

96Public access to information

(1)The Secretary of State shall send to a council in respect of whose area a register is maintained under section 95 above—

(a)a copy of that register; and

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

(2)It shall be the duty of a council to whom amendments to a register are sent under subsection (1)(b) above to incorporate the amendments in their copy of the register.

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

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

97Power of Secretary of State to require information

If it appears to the Secretary of State possible that a body to whom this Part of this Act applies or a subsidiary of such a body may hold a freehold or leasehold interest in land—

(a)which is situated in an area in relation to which this Part of this Act is in operation; or

(b)which is not so situated but adjoins other land which is so situated and in which it appears to the Secretary of State that such an interest is held by the body or by one of their subsidiaries,

he may direct the body to give him such information as he may specify as to whether such an interest is held by them or by any of their subsidiaries and such information as he may specify about any land in which such an interest is so held.

98Disposal of land at direction of Secretary of State

(1)The Secretary of State may direct a body to whom this Part of this Act for the time being applies—

(a)to take steps for the disposal of the interest held by them in any land which is for the time being entered on a register maintained by him under section 95 above or any lesser interest in such land ; or

(b)to ensure that a subsidiary of theirs takes steps for the disposal of the interest held by the subsidiary in any land which is for the time being entered on such a register or any lesser interest in such land,

being, in either case, steps which it is necessary to take to dispose of the interest and which it is in their power to take.

(2)A direction under this section may specify the steps to be taken for the disposal of an interest in land and the terms and conditions on which an offer to dispose of it is to be made.

(3)A direction under this section may be varied or revoked by a further direction.

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

(5)In this section and section 99 below references to the disposal of an interest in land include references to the grant of an interest in land.

99Directions to dispose of land-supplementary

(1)Before giving a direction to a body under section 98 above, the Secretary of State shall give them notice of his proposal to give the direction and of its proposed contents.

(2)A body who receive a notice under subsection (1) above may make representations to the Secretary of State as to why the proposed direction should not be given or as to its proposed contents.

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

(4)lf—

(a)a county council;

(b)a district council;

(c)the Greater London Council;

(d)a London borough council or the Common Council of the City of London ;

(e)the Commission for the New Towns, a development corporation established under the [1965 c. 59.] New Towns Act 1965 or an urban development corporation established under this Act; or

(f)any authority, body or undertakers in relation to whom the Secretary of State is the appropriate Minister,

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

(5)If any other body to whom this Part of this Act applies have made such representations, the Secretary of State may not give a direction unless the appropriate Minister certifies that the interest to which the direction would relate can be disposed of in the manner in which and on the terms and conditions on which he proposes that it shall be disposed of without serious detriment to the performance of their functions or the carrying on of their undertaking.

(6)In this section " the appropriate Minister "—

(a)in relation to any body who are statutory undertakers for the purposes of any provision of Part XI of the [1971 c. 78.] Town and Country Planning Act 1971, shall have the same meaning as in that Part of that Act, and

(b)in relation to any other body, shall have the meaning given by an order under this section made by statutory instrument by the Secretary of State with the concurrence of the Treasury.

(7)A statutory instrument containing an order under subsection (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

100Interpretation and extent of Part X

(1)In this Part of this Act—

• " subsidiary ", in relation to a body to whom this Part of this Act applies, means a wholly-owned subsidiary of that body; and

• " wholly-owned subsidiary " has the meaning assigned to it by section 150(4) of the [1948 c. 38.] Companies Act 1948.

(2)This Part of this Act extends to England and Wales only.