OpenLegislation

Regulation 14 Disposal of surplus landI1

England and Wales

(1)

A successor council (including any caretaker council), in which any surplus land is vested on the reorganisation date (“the custodian council”)—

(a)

shall use its best endeavours to secure that the land is disposed of as soon as is reasonably practicable; and

(b)

shall not, except with the consent of the Secretary of State, dispose of it for a consideration which is less than the best that can reasonably be obtained.

(2)

The custodian council shall, as soon as is reasonably practicable after a disposal under paragraph (1)—

(a)

deduct the amount of any relevant expenditure from the amount received in respect of the disposal (“the disposal receipt”); and

(b)

if the amount found after that deduction is a positive amount, distribute that amount in such proportions as may be agreed between the successor councils concerned or, failing such agreement, as may be determined by a person appointed by the Secretary of State.

(3)

Where the whole of a custodian council’s relevant expenditure is not met as mentioned in paragraph (2), that council may recover an amount equal to the relevant proportion of any relevant expenditure which is not so met from any other successor council concerned.

(4)

For the purposes of paragraph (3), the relevant proportion means such proportion as the successor councils concerned may agree, or failing such agreement, as may be determined by a person appointed by the Secretary of State.

(5)

In this regulation—

  • “relevant expenditure” means a sum equal to the amount by which the total of expenditure properly incurred by the custodian council in connection with the management or disposal of surplus land exceeds the total of monies (other than the disposal receipt) received by that council in respect of the land;

  • “the successor councils concerned”, in relation to any land, means those councils that are the successor councils to the predecessor council in which the land was vested before the reorganisation date; and

  • “surplus land” means any land that has been identified by the successor councils concerned as surplus to their requirements.

Annotations

Commencement

I1

Reg. 14 in force at 8.9.2008, see reg. 1(1)