PART 5Community empowerment

CHAPTER 3Assets of community value

List of assets of community value

89Procedure for including land in list

(1)

Land in a local authority's area which is of community value may be included by a local authority in its list of assets of community value only—

(a)

in response to a community nomination, or

(b)

where permitted by regulations made by the appropriate authority.

(2)

For the purposes of this Chapter “community nomination”, in relation to a local authority, means a nomination which—

(a)

nominates land in the local authority's area for inclusion in the local authority's list of assets of community value, and

(b)

is made—

(i)

by a parish council in respect of land in England in the parish council's area,

(ii)

by a community council in respect of land in Wales in the community council's area, or

(iii)

by a person that is a voluntary or community body with a local connection.

(3)

Regulations under subsection (1)(b) may (in particular) permit land to be included in a local authority's list of assets of community value in response to a nomination other than a community nomination.

(4)

The appropriate authority may by regulations make provision as to—

(a)

the meaning in subsection (2)(b)(iii) of “voluntary or community body”;

(b)

the conditions that have to be met for a person to have a local connection for the purposes of subsection (2)(b)(iii);

(c)

the contents of community nominations;

(d)

the contents of any other nominations which, as a result of regulations under subsection (1)(b), may give rise to land being included in a local authority's list of assets of community value.

(5)

The appropriate authority may by regulations make provision for, or in connection with, the procedure to be followed where a local authority is considering whether land should be included in its list of assets of community value.