5 Power of local authorities to continue to let certain land for use as allotment gardens.E+W+S
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 subject to the following provisions of this section, a local authority may let—
(a)for use by the tenants as allotment gardens; or
(b)to a society having as its object the cultivation of vacant land for the purpose of subletting for such use,
any land which, at the commencement of this Act, is let by them under the said Regulation sixty-two A or is appropriated for letting thereunder, notwithstanding anything in any Act (including a private or local Act) or any trust or convenant or restriction affecting the land.
(2)The powers conferred by the foregoing subsection on a local authority shall cease to be exercisable with respect to any land upon its being returned to use as part of a park or open space or otherwise appropriated for use for any purpose other than the letting thereof as mentioned in paragraph (a) or (b) of the foregoing subsection or upon its being sold or otherwise disposed of by the authority.
(3)Section six of the M1Allotments Act, 1950 (which provides that the foregoing provisions of that Act, other than those of section two, shall not apply to land let by a local authority under the said Regulation sixty-two A) shall have effect as if the reference to that Regulation included a reference to this section.
(4)In this section—
(a)the expression “allotment garden” has the same meaning as in the M2Allotments Act, 1922; and
(b)the expression “local authority” means the Common Council of the City of London, the council of a . . . F2 borough or the council of a county, . . . F3 or county district.
(5)A tenancy of land which, at the commencement of this Act, is subsisting under the said Regulation sixty-two A shall (subject, however, to the operation of any notice to quit, notice of intended re-entry or agreement to surrender previously given or made) continue in force as if it had been granted under this section.
F4(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words repealed by Statute Law (Repeals) Act 1976 (c. 16), s. 1, Sch. 1 Pt. XX
F2Word repealed by Local Government Act 1972 (c. 70, SIF 81:1), s. 272(1), Sch. 30
F3Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), s. 272(1), Sch. 30
F4S. 5(6) repealed (S.) (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 5; S.S.I. 2017/458, art. 2, sch.
Marginal Citations