PART 5Community empowerment

C1CHAPTER 3Assets of community value

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 Ch. 3: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

Interpretation of Chapter

I1106Meaning of “local authority”

I41

In this Chapter “local authority” in relation to England means—

a

a district council,

b

a county council for an area in England for which there are no district councils,

c

a London borough council,

d

the Common Council of the City of London, or

e

the Council of the Isles of Scilly.

I42

The Secretary of State may by order amend this section for the purpose of changing the meaning in this Chapter of “local authority” in relation to England.

3

In this Chapter “local authority” in relation to Wales means—

a

a county council in Wales, or

b

a county borough council.

4

The Welsh Ministers may by order amend this section for the purpose of changing the meaning in this Chapter of “local authority” in relation to Wales.

Annotations:
Commencement Information
I1

S. 106 in force for specified purposes at Royal Assent see s. 240(5)(f)

I4

S. 106(1)(2) in force at 21.9.2012 for E. by S.I. 2012/2420, art. 2

I2I5107Meaning of “owner”

1

In this Chapter “owner”, in relation to land, is to be read as follows.

2

The owner of any land is the person in whom the freehold estate in the land is vested, but not if there is a qualifying leasehold estate in the land.

3

If there is just one qualifying leasehold estate in any land, the owner of the land is the person in whom that estate is vested.

4

If there are two or more qualifying leasehold estates in the same land, the owner of the land is the person in whom is vested the qualifying leasehold estate that is more or most distant (in terms of the number of intervening leasehold estates) from the freehold estate.

5

In this section “qualifying leasehold estate”, in relation to any land, means an estate by virtue of a lease of the land for a term which, when granted, had at least 25 years to run.

6

The appropriate authority may by order amend this section—

a

for the purpose of changing the definition of “owner” for the time being given by this section;

b

for the purpose of defining “owner” for the purposes of this Chapter in a case where, for the time being, this section does not define that expression.

Annotations:
Commencement Information
I2

S. 107 in force for specified purposes at Royal Assent see s. 240(5)(f)

I5

S. 107 in force at 21.9.2012 for E. by S.I. 2012/2420, art. 2

I3108Interpretation of Chapter: general

I61

In this Chapter—

  • “appropriate authority”—

    1. a

      in relation to England means the Secretary of State, and

    2. b

      in relation to Wales means the Welsh Ministers;

  • “building” includes part of a building;

  • “community nomination” has the meaning given by section 89(2);

  • “land” includes—

    1. a

      part of a building,

    2. b

      part of any other structure, and

    3. c

      mines and minerals, whether or not held with the surface;

  • “land of community value” is to be read in accordance with section 88;

  • “local authority” is to be read in accordance with section 106;

  • “owner”, in relation to any land, is to read in accordance with section 107;

  • “unsuccessful”, in relation to a community nomination, has the meaning given by sections 90(5) and 92(4)(b)(i).

I72

For the meaning of “list of assets of community value” see section 87(2).

I73

For the meaning of “list of land nominated by unsuccessful community nominations” see section 93(2).