Section 89 Procedure for including land in listI1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 89(1)(b) words substituted by English Devolution and Community Empowerment Act 2026 Sch. 31 para. 7(a)
s. 89(2)(b)(i) omitted by English Devolution and Community Empowerment Act 2026 Sch. 31 para. 7(b)(i)
s. 89(2)(b)(ii) words omitted by English Devolution and Community Empowerment Act 2026 Sch. 31 para. 7(b)(ii)
s. 89(4) words substituted by English Devolution and Community Empowerment Act 2026 Sch. 31 para. 7(c)
s. 89(5) words substituted by English Devolution and Community Empowerment Act 2026 Sch. 31 para. 7(d)

(1)

Land in a local authority's area which is of community value may be included by a local authority in its list of assets of community value only—

(a)

in response to a community nomination, or

(b)

where permitted by regulations made by the appropriate authority.

(2)

For the purposes of this Chapter “community nomination”, in relation to a local authority, means a nomination which—

(a)

nominates land in the local authority's area for inclusion in the local authority's list of assets of community value, and

(b)

is made—

(i)

by a parish council in respect of land in England in the parish council's area,

(ii)

by a community council in respect of land in Wales in the community council's area, or

(iii)

by a person that is a voluntary or community body with a local connection.

(3)

Regulations under subsection (1)(b) may (in particular) permit land to be included in a local authority's list of assets of community value in response to a nomination other than a community nomination.

(4)

The appropriate authority may by regulations make provision as to—

(a)

the meaning in subsection (2)(b)(iii) of “voluntary or community body”;

(b)

the conditions that have to be met for a person to have a local connection for the purposes of subsection (2)(b)(iii);

(c)

the contents of community nominations;

(d)

the contents of any other nominations which, as a result of regulations under subsection (1)(b), may give rise to land being included in a local authority's list of assets of community value.

(5)

The appropriate authority may by regulations make provision for, or in connection with, the procedure to be followed where a local authority is considering whether land should be included in its list of assets of community value.

Annotations

Commencement

I1: S. 89 in force for specified purposes at Royal Assent see s. 240(5)(f)
I2: S. 89(1) (2)(a) (2)(b)(i) (2)(b)(iii) s. 89(3)-(5) in force at 21.9.2012 for E. by S.I. 2012/2420, art. 2