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The Community Right to Challenge and Community Right to Buy. Bethan Evans Partner 31 March 2011. Localism Bill. Introduced into Parliament 13 December 2010 207 Clauses, 24 Schedules Royal Assent – November 2011 Implementation – from April 2012

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Presentation Transcript
localism bill
Localism Bill
  • Introduced into Parliament 13 December 2010
  • 207 Clauses, 24 Schedules
  • Royal Assent – November 2011
  • Implementation – from April 2012
  • Consultations on Community Right to Challenge and Community Right to Buy launched 4 February 2011, close 4 May 2011
  • “Community Right to Reclaim Land” announced February 2011
community right to challenge
Community Right to Challenge
  • Right to take over local services and facilities
  • A “Relevant Body” may submit an Expression of Interest in providing or assisting to provide a relevant service
  • “Relevant Service” is
    • any service, unless specified
    • provided by or on behalf of a County, District or London Borough Council (can be extended)
relevant body
Relevant Body
  • “Relevant Body” is
    • Voluntary or community body
    • Body or trust for charitable purposes only
    • Parish Council
    • Two or more employees
    • Such other person or body as specified
  • “Voluntary Body” = body whose activities are carried out not for profit, or profit is used for voluntary purposes or “invested in the community”
  • “Community Body” = body whose activities are carried out primarily for the benefit of the community
acceptance rejection of expression of interest
Acceptance / Rejection of Expression of Interest
  • Secretary or State may specify permitted grounds for rejection
  • In considering Expression of Interest, the local authority must consider whether acceptance would promote the social, economic or environmental well-being of the area
  • If it accepts the Expression of Interest, the local authority must carry out a procurement exercise for the service, appropriate to nature and value of “contract”
assets of community value
Assets of Community Value
  • Local authority must maintain a “list of assets of community value” in its area
  • “Community Nominations” of building or land by Parish and Community Councils and other specified persons
  • Local authority may also nominate building or land as being “of community value”
  • Regulations will set out what constitutes “community value” – may include:
    • Identity of the owner
    • Identity of any occupier
    • Nature of the estates or interests in the land
    • Historic, current and potential use
    • Statutory provisions that affect the land
    • Price or value of this or other land
list of assets of community value
List of Assets of Community Value
  • If land is of “community value”, it must go on the “pass” list
    • For a period specified by the authority
    • Normally 5 years
  • Unsuccessful community nominations go on “fail” list
  • Both lists must be available to inspection free of charge
  • Notification to landowners and as local land charge
community right to buy
Community Right to Buy
  • If landowner wants to sell listed land –
    • Must notify local authority of intention to sell
    • Authority gives notice to person who nominated and publicise in locality
  • If landowner wants to “enter into a relevant disposal” –
    • Moratorium of up to 6 months to allow Community Interest Group to bid
    • No requirement to sell at all or at undervalue
  • “Community Interest Group” to be defined in Regulations
  • Regulations may provide for payment of compensation to landowner – by whom?
community right to reclaim land
Community Right to Reclaim Land
  • Announced February 2011
  • “Public request to order disposal” under Local Government, Planning and Land Act 1980 – power to request that empty public sector land owned by local authorities and some other public bodies is sold off
  • Improvements to system enabling “members of public” to request that empty public land or buildings are sold off, so they can be brought back into use
  • Online database with information about empty land and buildings
  • Regulations out by the end of May 2011