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Section 51 Power to sell to local authority.

England and Wales

(1)

The owner of a market undertaking, or of any rights in respect of a market and of tolls, whether established under, or enjoyed by virtue of, statutory powers or not, may sell or lease to a local authority the whole or any part of his market undertaking or rights, but subject to all attached liabilities.

(2)

A sale by a F1. . . company under this section must be authorised—

(a)

if the company is a company within the meaning of the Companies Act F21985, F3by special resolution;

(b)

if the company is not such a company, by a resolution passed by three-fourths in number and value of the members present, either personally or by proxy, at a meeting specially convened for the purpose with notice of the business to be transacted.

Annotations

Textual amendments

F1

Word repealed by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 52, 54, 59(4), Sch. 2 para. 3, Sch. 5

F2

Figure substituted by the Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F3

Words in s. 51(2)(a) substituted (1.10.2007) by Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 37 (with art. 12)

Notes on the whole Act

Textual amendments

F1

Act repealed (S.) (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), s. 38(2), sch. 2 Pt. 1; S.S.I. 2025/167, reg. 2, sch.

Notes on Part III

Modifications

C1

Pt. 3 applied (30.1.2004) by Hereford Markets Act 2003 (c. iv), ss. 1, 3(2)

C2

Pt. 3 applied (2.10.2004) by Ipswich Market Act 2004 (c. iii), ss. 1, 6

C3

Pt. 3 applied (18.8.2025) by Norwich Livestock Market Act 2025 (c. i), ss. 1, 6(2)