PART 5Community empowerment

F1Chapter 2AAssets of community value (England)

Community groups: right to buy

86KEffect of inclusion on the list

(1)

A person who is an owner of land included in a local authority’s list of assets of community value (“the owner of land of community value”) must not enter into a relevant disposal of all or part of the land unless the disposal is made in accordance with the provisions of this Chapter.

(2)

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 Secretary of State, 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 Secretary of State.

(3)

For the purposes of subsection (2)(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.

(4)

For the purposes of subsection (3)(b) a relationship by marriage or civil partnership is to be treated as a relationship by blood.

(5)

For the meaning of “relevant disposal”, and for when a relevant disposal is entered into, see section 86L.