C1C2Part VII Miscellaneous Powers of Local Authorities

Annotations:
Modifications etc. (not altering text)
C2

Pt. VII (ss. 111-146) extended by Water Industry Act 1991 (c. 56, SIF 130), ss. 83(2), 219(3)

Land transactions—general provisions

C3C4131 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 M1Open 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 M2Technical and Industrial Institutions Act 1892;

b

the Military Lands Acts 1892 to 1903;

c

the M3Light Railways Acts 1896 M4 and 1912;

d

the Allotments Acts 1908 to 1950;

e

the Small Holdings and Allotments Acts 1908 to 1931;

F1f

the Ancient Monuments and Archaeological Areas Act 1979

g

section 28 of the M5Land Settlement (Facilities) Act 1919;

h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

j

Part III of the M6Agriculture Act 1970; and

jj

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

k

any local Act (including an Act confirming a provisional order).

l

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

F5m

the Housing Act 1985

3

Nothing in the foregoing provisions of this Part of this Act shall affect the operation of section 29 of the M7Charities Act 1960 (restrictions on dealing with charity property) and, in particular, none of those provisions shall be treated as giving any such authority for a transaction as is referred to in subsection (3)(a) of that section (certain statutorily authorised transactions not to require the sanction of the Charity Commissioners).

4

In this section “local authority” includes a parish meeting and the parish trustees of a parish.