SCHEDULE 3Relevant disposals to which section 95(1) of the Act does not apply

Regulation 13

1.

A disposal pursuant to an order made by a court or by a tribunal established by or under an Act.

Annotations:
Commencement Information

I1Sch. 3 para. 1 in force at 21.9.2012, see reg. 1(1)

2.

(1)

A disposal made pursuant to a separation agreement made between spouses or civil partners.

(2)

A disposal made pursuant to an agreement—

(a)

made between spouses or civil partners in connection with their separation, or between former spouses or former civil partners, and

(b)

relating to the care of a child dependent on a party to the agreement.

Annotations:
Commencement Information

I2Sch. 3 para. 2 in force at 21.9.2012, see reg. 1(1)

3.

(1)

Any disposal made under, or for the purposes of, any statutory provision relating to incapacity.

(2)

In this paragraph—

(a)

“incapacity” includes any of the following (whether temporary or permanent)—

(i)

physical impairment,

(ii)

mental impairment, and

(iii)

lack of, or impairment to, capacity to deal with financial and property matters; and

(b)

“statutory provision” means any provision contained in an Act or in an instrument made under an Act.

Annotations:
Commencement Information

I3Sch. 3 para. 3 in force at 21.9.2012, see reg. 1(1)

4.

(1)

Subject to sub-paragraph (2), a disposal—

(a)

to a particular person in pursuance of a requirement that it should be made to that person under a planning obligation entered into in accordance with section 106 of the Town and Country Planning Act 1990; or

(b)

made in pursuance of the exercise of a legally enforceable—

(i)

option to buy,

(ii)

nomination right,

(iii)

right of pre-emption, or

(iv)

right of first refusal.

(2)

A disposal is not within sub-paragraph (1)(a) if it is of land that was listed when the obligation was entered into; and a disposal is not within sub-paragraph (1)(b) if it is of land that was listed when the option or right was granted.

Annotations:
Commencement Information

I4Sch. 3 para. 4 in force at 21.9.2012, see reg. 1(1)

5.

(1)

A disposal by a transferor, “T”, to a former owner, where both the conditions in paragraph (2) are satisfied.

(2)

The conditions referred to in paragraph (1) are that—

(a)

the land was acquired by T or by a predecessor in title of T by a purchase that was a statutory compulsory purchase (“the original purchase”); and

(b)

T has made a first offer of the land to the former owner, in accordance with an obligation to offer back the land to the former owner before disposing of the land on the open market.

(3)

In this paragraph—

(a)

“former owner” means—

(i)

the person, “P”, from whom the land was acquired under the original purchase; or

(ii)

a successor to P; and

(b)

“successor” means the person on whom the land, had it not been acquired by T or a predecessor of T, would clearly have devolved under P’s will or intestacy, and includes a person who has succeeded, otherwise than by purchase, to adjoining land from which the land was severed by the original purchase.

Annotations:
Commencement Information

I5Sch. 3 para. 5 in force at 21.9.2012, see reg. 1(1)

6.

(1)

Disposal in exercise of a power of sale of the land by a person who has that power by way of security for a debt.

(2)

The reference in sub-paragraph (1) to a power of sale includes in particular a power implied by virtue of section 101(1)(i) of the Law of Property Act 192516.
Annotations:
Commencement Information

I6Sch. 3 para. 6 in force at 21.9.2012, see reg. 1(1)

7.

A disposal pursuant to insolvency proceedings as defined by Rule 13.7 of the Insolvency Rules 198617.
Annotations:
Commencement Information

I7Sch. 3 para. 7 in force at 21.9.2012, see reg. 1(1)

8.

A disposal of land to a person whose acquisition of the land is a statutory compulsory purchase.

Annotations:
Commencement Information

I8Sch. 3 para. 8 in force at 21.9.2012, see reg. 1(1)

9.

A grant of a tenancy of the land pursuant to the provisions of Part 4 of the Agricultural Holdings Act 198618.
Annotations:
Commencement Information

I9Sch. 3 para. 9 in force at 21.9.2012, see reg. 1(1)

10.

(1)

A disposal by one body corporate to another, where the second one is a group undertaking in relation to the first.

(2)

In this paragraph, “group undertaking” has the meaning given by section 1161(5) of the Companies Act 200619.
Annotations:
Commencement Information

I10Sch. 3 para. 10 in force at 21.9.2012, see reg. 1(1)

11.

(1)

A part-listed disposal as specified in section 95(5)(e) of the Act where, subject to sub-paragraphs (2) and (3), the following conditions are satisfied with regard to the land which is being disposed of—

(a)

the land is owned by a single owner; and

(b)

every part of the land can be reached from every other part without having to cross land which is not owned by that single owner.

(2)

Sub-paragraph (1)(b) is satisfied where a part of the land cannot be reached from every other part of the land by reason only of intervening land in other ownership on which there is a road, railway, river or canal, provided that the additional requirement in sub-paragraph (3) is met.

(3)

The additional requirement referred to in sub-paragraph (2) is that it would be reasonable to think that sub-paragraph (1)(b) would be satisfied if the intervening land were to be removed leaving no gap.

Annotations:
Commencement Information

I11Sch. 3 para. 11 in force at 21.9.2012, see reg. 1(1)

12.

A disposal of a church, together with any land annexed or belonging to it, pursuant to a scheme under Part 6 of the Mission and Pastoral Measure 201120.
Annotations:
Commencement Information

I12Sch. 3 para. 12 in force at 21.9.2012, see reg. 1(1)

13.

(1)

A disposal by any person for the purpose of enabling health service provision to continue to be provided on the land.

(2)

In this paragraph, “health service provision” means services provided as part of the health service continued under section 1(1) of the National Health Service Act 200621.
Annotations:
Commencement Information

I13Sch. 3 para. 13 in force at 21.9.2012, see reg. 1(1)

14.

(1)

A disposal of land to be held for the purposes of—

(a)

subject to sub-paragraph (2), a school as defined in section 4 of the Education Act 199622;

(b)

a 16 to 19 Academy23; or

(c)

an institution within the further education sector as defined in section 91(3) of the Further and Higher Education Act 199224.

(2)

For the purposes of sub-paragraph (1)(a), “school” does not include an independent school other than one in respect of which Academy arrangements have been entered into by the Secretary of State under section 1 of the Academies Act 2010.

(3)

For the purposes of sub-paragraph (2), “independent school” has the meaning given in section 46325 of the Education Act 1996.
Annotations:
Commencement Information

I14Sch. 3 para. 14 in force at 21.9.2012, see reg. 1(1)

15.

A disposal which is subject to a statutory requirement regarding the making of the disposal, where that requirement could not be observed if the requirements of section 95(1) of the Act were complied with.