Search Legislation

Localism Act 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Localism Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Moratorium on disposing of listed landE+W

95MoratoriumE+W

(1)A person who is an owner of land included in a local authority's list of assets of community value must not enter into a relevant disposal of the land unless each of conditions A to C is met.

(2)Condition A is that that particular person has notified the local authority in writing of that person's wish to enter into a relevant disposal of the land.

(3)Condition B is that either—

(a)the interim moratorium period has ended without the local authority having received during that period, from any community interest group, a written request (however expressed) for the group to be treated as a potential bidder in relation to the land, or

(b)the full moratorium period has ended.

(4)Condition C is that the protected period has not ended.

(5)Subsection (1) does not apply in relation to a relevant disposal of land—

(a)if the disposal is by way of gift (including a gift to trustees of any trusts by way of settlement upon the trusts),

(b)if the disposal is by personal representatives of a deceased person in satisfaction of an entitlement under the will, or on the intestacy, of the deceased person,

(c)if the disposal is by personal representatives of a deceased person in order to raise money to—

(i)pay debts of the deceased person,

(ii)pay taxes,

(iii)pay costs of administering the deceased person's estate, or

(iv)pay pecuniary legacies or satisfy some other entitlement under the will, or on the intestacy, of the deceased person,

(d)if the person, or one of the persons, making the disposal is a member of the family of the person, or one of the persons, to whom the disposal is made,

(e)if the disposal is a part-listed disposal of a description specified in regulations made by the appropriate authority, and for this purpose “part-listed disposal” means a disposal of an estate in land—

(i)part of which is land included in a local authority's list of assets of community value, and

(ii)part of which is land not included in any local authority's list of assets of community value,

(f)if the disposal is of an estate in land on which a business is carried on and is at the same time, and to the same person, as a disposal of that business as a going concern,

(g)if the disposal is occasioned by a person ceasing to be, or becoming, a trustee,

(h)if the disposal is by trustees of any trusts—

(i)in satisfaction of an entitlement under the trusts, or

(ii)in exercise of a power conferred by the trusts to re-settle trust property on other trusts,

(i)if the disposal is occasioned by a person ceasing to be, or becoming, a partner in a partnership, or

(j)in cases of a description specified in regulations made by the appropriate authority.

(6)In subsections (3) and (4)—

  • community interest group” means a person specified, or of a description specified, in regulations made by the appropriate authority,

  • the full moratorium period”, in relation to a relevant disposal, means the six months beginning with the date on which the local authority receives notification under subsection (2) in relation to the disposal,

  • the interim moratorium period”, in relation to a relevant disposal, means the six weeks beginning with the date on which the local authority receives notification under subsection (2) in relation to the disposal, and

  • the protected period”, in relation to a relevant disposal, means the eighteen months beginning with the date on which the local authority receives notification under subsection (2) in relation to the disposal.

(7)For the purposes of subsection (5)(d), a person (“M”) is a member of the family of another person if M is—

(a)that other person's spouse or civil partner, or

(b)a lineal descendant of a grandparent of that other person.

(8)For the purposes of subsection (7)(b) a relationship by marriage or civil partnership is to be treated as a relationship by blood.

(9)For the meaning of “relevant disposal”, and for when a relevant disposal is entered into, see section 96.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 95 partly in force; s. 95 in force for specified purposes at Royal Assent see s. 240(5)(f)

96Meaning of “relevant disposal” etc in section 95E+W

(1)This section applies for the purposes of section 95.

(2)A disposal of the freehold estate in land is a relevant disposal of the land if it is a disposal with vacant possession.

(3)A grant or assignment of a qualifying leasehold estate in land is a relevant disposal of the land if it is a grant or assignment with vacant possession.

(4)If a relevant disposal within subsection (2) or (3) is made in pursuance of a binding agreement to make it, the disposal is entered into when the agreement becomes binding.

(5)Subject to subsection (4), a relevant disposal within subsection (2) or (3) is entered into when it takes place.

(6)In this section “qualifying leasehold estate”, in relation to any land, means an estate by virtue of a lease of the land for a term which, when granted, had at least 25 years to run.

(7)The appropriate authority may by order amend this section.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 96 partly in force; s. 96 in force for specified purposes at Royal Assent see s. 240(5)(f)

Prospective

97Publicising receipt of notice under section 95(2)E+W

(1)This section applies if a local authority receives notice under section 95(2) in respect of land included in the authority's list of assets of community value.

(2)The authority must cause the entry in the list for the land to reveal—

(a)that notice under section 95(2) has been received in respect of the land,

(b)the date when the authority received the notice, and

(c)the ends of the initial moratorium period, the full moratorium period and the protected period that apply under section 95 as a result of the notice.

(3)If the land is included in the list in response to a community nomination, the authority must give written notice, to the person who made the nomination, of the matters mentioned in subsection (2)(a), (b) and (c).

(4)The authority must make arrangements for those matters to be publicised in the area where the land is situated.

Prospective

98Informing owner of request to be treated as bidderE+W

(1)Subsection (2) applies if—

(a)after a local authority has received notice under section 95(2) in respect of land included in the authority's list of assets of community value, and

(b)before the end of the interim moratorium period that applies under section 95 as a result of the notice,

the authority receives from a community interest group a written request (however expressed) for the group to be treated as a potential bidder in relation to the land.

(2)The authority must, as soon after receiving the request as is practicable, either pass on the request to the owner of the land or inform the owner of the details of the request.

(3)In this section “community interest group” means a person who is a community interest group for the purposes of section 95(3) as a result of regulations made under section 95(6) by the appropriate authority.

99CompensationE+W

(1)The appropriate authority may by regulations make provision for the payment of compensation in connection with the operation of this Chapter.

(2)Regulations under subsection (1) may (in particular)—

(a)provide for any entitlement conferred by the regulations to apply only in cases specified in the regulations;

(b)provide for any entitlement conferred by the regulations to be subject to conditions, including conditions as to time limits;

(c)make provision about—

(i)who is to pay compensation payable under the regulations;

(ii)who is to be entitled to compensation under the regulations;

(iii)what compensation under the regulations is to be paid in respect of;

(iv)the amount, or calculation, of compensation under the regulations;

(v)the procedure to be followed in connection with claiming compensation under the regulations;

(vi)the review of decisions made under the regulations;

(vii)appeals against decisions made under the regulations.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 99 partly in force; s. 99 in force for specified purposes at Royal Assent see s. 240(5)(f)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources