Article 9 Sale, etc., and development of land
This article shall cease to have effect on 1st April 1979 except that a certificate given under paragraph (4)(d) or (e) shall continue to have effect as a document of title.
This article applies to—
the councils of counties and districts;
the parish authorities of the parishes—
constituted under Part V of Schedule 1 to the Act;
constituted by paragraph 1 of Part IV of the said Schedule or by article 3(2) of the New Parishes Order 1973; or
enlarged by paragraph 2 of the said Part IV or by article 3(3) of the said order;
water authorities; and
Passenger Transport Executives.
In respect of land vested immediately before 1st April 1974 in the council of an area described in column (1) of the following table (or in the case of any borough in the corporation of the borough) the relevant authorities are the authorities specified in respect of such authority in column (2).
TABLE
| (1) | (2) |
|---|---|
| Any administrative county or county borough | The council of any county or district in which any part of the administrative county or county borough is comprised. The water authority for the area in which the land is situated. The regional health authority for the area in which the land is situated. In the case of any county borough in which a road passenger transport undertaking is transferred from the corporation or council by the principal order, the Passenger Transport Executive. |
| Any county district | The council of any county or district, and the parish authority of any parish, in which any part of the county district is comprised. The water authority for the area in which the land is situated. The regional health authority for the area in which the land is situated. |
| Any divided parish as defined in the principal order | The parish authority of the parish in which any part of the parish is comprised or where such part is not comprised in any parish the council of the district. |
This paragraph applies where an authority to whom this article applies are proposing—
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to sell or to exchange,
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to lease, or otherwise to dispose of, for a term exceeding 21 years,
land transferred to them by any provision of the principal order other than—
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land transferred by article 7 of the principal order; and
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in the case of a water authority, land transferred from the Greater London Council, the council of a London borough, the Corporation of the City of London, the Honourable Society of the Inner Temple, the Honourable Society of the Middle Temple or the Port of London Authority.
Save as provided in sub-paragraph (e), the authority shall, not less than 30 days before completion of the transaction as between the parties, give notice of their proposal to the other relevant authorities.
Any notice required by sub-paragraph (b) shall—
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be given by recorded delivery;
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indicate whether the land is registered, and, if it is, the title number; and include the name and address of the purchaser, lessee or other disponee or of such persons as have been nominated by him.
At the expiration of 30 days from the giving of the notice under sub-paragraph (b) the authority first mentioned in that sub-paragraph shall give to the purchaser, lessee or other disponee, or to such persons as have been nominated by him, a certificate that they gave the notice and where the land is not registered, if that is the case, that no notices under sub-paragraph (f)(ii) were received by them within the period there specified.
Sub-paragraphs (b), (c) and (d)—
shall not apply where an authority have on an earlier proposal to sell, exchange, lease or otherwise dispose of the land in question taken action under sub-paragraph (b) and no relevant authority or other water or regional health authority have lodged a caution with the Chief Land Registrar in respect of the land or given notice by recorded delivery to the first-mentioned authority that they dispute the transfer to such authority;
shall not apply to the sale of a Housing Revenue Account dwelling by any authority where a notice applicable to the whole of the estate comprising the dwelling that such estate has been transferred to them has been given by recorded delivery by the authority to the relevant authorities, and no relevant authority or other water or regional health authority have given such notice as is described in (i);
shall not apply where notice has been given by an authority under paragraph (7) in respect of the land in question, and no relevant authority or other water or regional health authority have given such notice as is described in (i),
but on any proposed sale, exchange, lease or other disposition in relation to which, apart from this sub-paragraph, the said sub-paragraphs would have applied such a certificate as is described in sub-paragraph (d) shall be given to the purchaser, lessee or other disponee, or to such persons as have been nominated by him.
In this sub-paragraph “Housing Revenue Account dwelling” means such a dwelling within the meaning of the Housing Finance Act 1972.
No claim by a relevant authority or any other water or regional health authority that any land described in sub-paragraph (a) was transferred to them by the principal order shall have effect to affect the title of the purchaser, lessee or other disponee unless—
in any case described in (i), (ii) or (iii) of sub-paragraph (e) such a notice as is described in (i) has been given or in the case described in (i) a caution has been lodged with the Chief Land Registrar;
in any other case, within 21 days of the giving of the notice required by sub-paragraph (b) the relevant authority or other water or regional health authority have—
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where the land is registered, lodged a caution with the Chief Land Registrar in respect of the land; or
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otherwise, given notice by recorded delivery to the authority first mentioned in sub-paragraph (b) that they dispute the transfer to such authority.
The provision of sub-paragraph (f) is without prejudice to the Land Registration (Official Searches) Rules 1969f1.
Where an authority to whom this article applies are proposing to lease or otherwise dispose of, for a term not exceeding 21 years, land transferred to them by any provision of the principal order other than land specified as exceptions in paragraph (4)(a) they may give notice of their proposal by recorded delivery to the other relevant authorities.
No claim by a relevant authority or any other water or regional health authority that any land in respect of which notice has been given to them as provided in paragraph (5) was transferred to them by the principal order shall have effect to affect the title of the lessee or other disponee unless within 21 days of the giving of the notice the relevant authority or other water or regional health authority have given notice by recorded delivery to the authority first mentioned as aforesaid that they dispute the transfer to such authority.
Where an authority to whom this article applies are proposing to develop any land transferred to them by any provision of the principal order other than land specified as exceptions in paragraph (4)(a) they may give notice of their proposal by recorded delivery to the other relevant authorities.
Nothing in paragraphs (4) to (7) applies to the sale by a local authority of land mortgaged to the authority from whom it was transferred to them by the principal order.
Annotations
Footnotes
- f1
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(1969 II, p. 3474).