{
  "url": "https://openlegislation.uk/local-government-act-1972/section-128D",
  "json_url": "https://openlegislation.uk/local-government-act-1972/section-128D.json",
  "legislation": "ukpga/1972/70",
  "legislation_title": "Local Government Act 1972",
  "legislation_url": "https://openlegislation.uk/local-government-act-1972",
  "path": "section/128D",
  "kind": "section",
  "number": "128D",
  "heading": "The qualifying conditions",
  "text": "(1) This section sets out the “qualifying conditions” (referred to in section 128A(2)(b)).\n(2) Qualifying condition A: the application for the statutory trust discharge order identifies land in England in relation to which the order is being sought.\n(3) Qualifying condition B: the applicant for the order is—\n(a) the freehold owner of the relevant land, or\n(b) the tenant of the relevant land under a long lease, whether granted before or after commencement,\nat the time of the application (whether or not by virtue of the previous appropriation or disposal).\n(4) Qualifying condition C: a principal council, parish council or parish meeting—\n(a) appropriated, or\n(b) disposed of,\nthe relevant land at a time before the application for the statutory trust discharge order is made (the “previous appropriation or disposal”).\n(5) It does not matter whether the previous appropriation or disposal occurred before or after commencement.\n(6) Qualifying condition D: the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal.\n(7) For the purposes of determining whether qualifying condition D is met—\n(a) it is sufficient that the previous advertisement procedure was not complied with;\n(b) accordingly, it is irrelevant—\n(i) whether the previous advertisement procedure in fact had to be complied with, or\n(ii) whether the land was in fact land held in trust for enjoyment by the public in accordance with a trust of the kind mentioned in section 128A(3).\n(8) Section 128F includes provision for presuming that the previous advertisement procedure was not complied with; and qualifying condition D must be taken to be met if that presumption is made.\n(9) Qualifying condition E: the new publicity requirements have been complied with.\n(10) Qualifying condition F: it is in the public interest for the relevant land to be freed from the trusts by virtue of the order.\n(11) The reference in subsection (10) to the public interest includes the public interest in—\n(a) nature conservation;\n(b) the conservation of the landscape;\n(c) the protection of public rights of access to the relevant land;\n(d) the protection of archaeological remains and features of historic interest;\n(e) development proposals relating to the relevant land;\n(f) economic, environmental or social benefits which the order would facilitate if made.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1972/70/section/128D",
    "retrieved_at": "2026-10-29T10:48:26.887741+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}