Section 128A Statutory trust discharge ordersF1

(1)

The Secretary of State may make an order under this section in relation to land in England (a “statutory trust discharge order”).

(2)

The Secretary of State may not make a statutory trust discharge order in relation to land unless—

(a)

a person has applied to the Secretary of State for the statutory trust discharge order to be made in relation to the land, and

(b)

the Secretary of State is satisfied that the qualifying conditions are met (see section 128D).

(3)

The effect of an order being made in relation to land is that the land is freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with—

(a)

section 164 of the Public Health Act 1875 (pleasure grounds), or

(b)

section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds).

(4)

The order has that effect in relation to that land generally (and so its effect is not limited to that land as freehold or leasehold land as held by the applicant for the order).

(5)

The Secretary of State may, by regulations, make provision as to the making and determination of any application for a statutory trust discharge order.

(6)

Regulations under subsection (5) may in particular make provision as to—

(a)

the steps to be taken by a person before making an application;

(b)

the form of an application;

(c)

the information or evidence to be supplied with an application;

(d)

the publication of an application;

(e)

the holding of an inquiry before determination of an application;

(f)

the evidence to be taken into account in making a determination and the weight to be given to any evidence.

(7)

Regulations under subsection (5) may include provision for the Secretary of State to appoint a person to discharge any or all of the Secretary of State’s functions in relation to an application for a statutory trust discharge order.

(8)

The power under subsection (5) to make regulations includes power to make—

(a)

different provision for different cases;

(b)

incidental, supplementary or consequential provision;

(c)

transitional or saving provision.

(9)

A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.

(10)

Section 128G contains further provision about the making of statutory trust discharge orders.

Annotations

Textual amendments

F1: Ss. 128A-128H and cross-heading inserted (29.4.2026 for specified purposes) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 69(2), 108(1)(6)

Notes on Part VII

Modifications

C1: Pt. VII (ss. 111–146) extended by Water Act 1989 (c. 15, SIF 130), s. 164(2), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
C2: Pt. VII (ss. 111-146) extended by Water Industry Act 1991 (c. 56, SIF 130), ss. 83(2), 219(3)