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SCHEDULES

SCHEDULE 14E+W Supplemental powers of conservation boards

Power to dispose of landE+W

3Subject to paragraphs 4 to 6 and to the provisions of the relevant order, a conservation board may dispose, in any manner they wish, of land which is held by them but no longer required by them for the purposes of their functions.

Commencement Information

I1Sch. 14 para. 3 wholly in force at 1.5.2001; Sch. 14 para. 3 not in force at Royal Assent see s. 103(3); Sch. 14 para. 3 in force for E. at 1.4.2001 by S.I. 2001/114, art. 2(2)(e); Sch. 14 para. 3 in force for W. at 1.5.2001 by S.I. 2001/1410, art. 2(g)

4(1)Except with the consent of the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales), a conservation board may not—E+W

(a)dispose under paragraph 3 of land which consists of or forms part of a common, or formerly consisted of or formed part of a common, and is managed by a local authority in accordance with a local Act,

(b)dispose under paragraph 3 of land, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

(2)For the purposes of this paragraph 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.

Commencement Information

I2Sch. 14 para. 4 wholly in force at 1.5.2001; Sch. 14 para. 4 not in force at Royal Assent see s. 103(3); Sch. 14 para. 4 in force for E. at 1.4.2001 by S.I. 2001/114, art. 2(2)(e); Sch. 14 para. 4 in force for W. at 1.5.2001 by S.I. 2001/1410, art. 2(g)

5A conservation board may not dispose under paragraph 3 of any land consisting of 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.

Commencement Information

I3Sch. 14 para. 5 wholly in force at 1.5.2001; Sch. 14 para. 5 not in force at Royal Assent see s. 103(3); Sch. 14 para. 5 in force for E. at 1.4.2001 by S.I. 2001/114, art. 2(2)(e); Sch. 14 para. 5 in force for W. at 1.5.2001 by S.I. 2001/1410, art. 2(g)

6Section 128 of the M1Local Government Act 1972 (consents to land transactions by local authorities) applies in relation to a conservation board as if a conservation board were a principal council and as if paragraphs 3 to 5 were contained in Part VII of that Act.)

Commencement Information

I4Sch. 14 para. 6 wholly in force at 1.5.2001; Sch. 14 para. 6 not in force at Royal Assent see s. 103(3); Sch. 14 para. 6 in force for E. at 1.4.2001 by S.I. 2001/114, art. 2(2)(e); Sch. 14 para. 6 in force for W. at 1.5.2001 by S.I. 2001/1410, art. 2(g)

Marginal Citations