Section 128F Previous advertisement procedure: co-operation by councils etc and presumptionF1

This section applies if an application has been made to the Secretary of State for a statutory trust discharge order.

The Secretary of State must notify the relevant council or parish trustees of—

Within the response period, the relevant council or parish trustees must give the Secretary of State—

If the relevant council or parish trustees—

the Secretary of State must presume that the previous advertisement procedure was not complied with in relation to the previous appropriation or disposal, unless the Secretary of State is satisfied that the procedure was complied with.

In this section—

• “relevant council or parish trustees” means—

  1. (a)

     in a case where a principal council undertook the previous appropriation or disposal, the principal council for the area where the relevant land is situated;

  2. (b)

     in a case where a parish council undertook the previous appropriation or disposal—

     1. (i)

        the parish council or parish trustees for the area where the relevant land is situated, or

     2. (ii)

        if the relevant land is no longer in the area of a parish, the principal council for the area where the relevant land is situated;

  3. (c)

     in a case where a parish meeting undertook the previous appropriation or disposal—

     1. (i)

        the parish trustees or parish council for the area where the relevant land is situated, or

     2. (ii)

        if the relevant land is no longer in the area of a parish, the principal council for the area where the relevant land is situated;

• “response period”, in relation to a notification given by the Secretary of State under subsection (2), means the period of 28 days beginning with the day on which the notice is received by the relevant council or parish trustees.