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Housing and Planning Act 2016

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This is the original version (as it was originally enacted).

207Engagement with public authorities in relation to proposals to dispose of land

This section has no associated Explanatory Notes

(1)A Minister of the Crown must, in developing proposals for the disposal of the Minister’s interest in any land, engage on an ongoing basis with—

(a)each local authority in whose area the land is situated, and

(b)each public authority that is specified, or of a description specified, in regulations.

(2)A relevant public authority must, in developing proposals for the disposal of the authority’s interest in any land, engage on an ongoing basis with other relevant public authorities.

(3)In subsection (2), “relevant public authority” means a public authority that is specified, or of a description specified, in regulations.

(4)A person who is subject to a duty under subsection (1) or (2) must have regard to any guidance given by the Minister for the Cabinet Office about how the duty is to be complied with.

(5)Subsections (1) and (2) do not apply in relation to proposals in respect of land that is specified, or of a description specified, in regulations.

(6)Regulations under subsection (3) may not be made so as to require a public authority to carry out engagement under subsection (2)—

(a)in relation to proposals for the disposal of an interest in land in Scotland, unless the authority is—

(i)a body to which paragraph 3 of Part 3 of Schedule 5 to the Scotland Act 1998 applies, or

(ii)Her Majesty’s Revenue and Customs, or

(b)if the authority has functions that are exercisable only in or as regards Wales and are wholly or mainly functions relating to—

(i)a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or

(ii)a matter within the legislative competence of the National Assembly for Wales.

(7)In this section—

  • “interest” means a freehold or leasehold interest;

  • “local authority” means—

    (a)

    a county council,

    (b)

    a county borough council,

    (c)

    a district council,

    (d)

    a London borough council,

    (e)

    a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

    (f)

    the Common Council of the City of London (in its capacity as a local authority),

    (g)

    the Council of the Isles of Scilly, or

    (h)

    the council for a local government area in Scotland;

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);

  • “public authority” means a person with functions of a public nature;

  • “regulations” means regulations made by the Minister for the Cabinet Office.

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