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Co-operation between Local Authorities and Advice and Assistance from the Secretary of State

Document Cited in Related
Vincent
AuthorSimon Adamyk
Pages295-297
Chapter 8


Co-operation between Local Authorities and Advice and Assistance from the Secretary of State

CO-OPERATION BETWEEN LOCAL AUTHORITIES

8.1 If different parts of any land are in different local authority areas, the local authorities concerned are under a statutory duty to co-operate with each other in carrying out their functions under the ACV provisions in relation to the land or any part of it.1

8.2 In such circumstances, one local authority could delegate the responsibility to its neighbouring authority, to take on the responsibility on a shared basis.2

ADVICE AND ASSISTANCE FROM THE SECRETARY OF STATE, AND OTHER SOURCES OF FUNDING

8.3 The Secretary of State3‘may’ (not ‘must’) do anything that the Secretary of State considers appropriate for the purpose of giving advice or assistance:

(a) To anyone in relation to doing any of the following:

(i) taking steps under or for purposes of provision contained in, or made under, the ACV provisions so far as applying in relation to England; or

1Section 102.

2Ninth Delegated Legislation Committee, Draft Assets of Community Value (England)

Regulations 2012, 12 September 2012, cols 8–9, Don Foster MP (Parliamentary Under-Secretary of State for Communities and Local Government).

3For the meaning of ‘Secretary of State’, see para 3.6.

296 Assets of Community Value: Law and Practice

(ii) preparing to, or considering or deciding whether to, take any such steps; or

(b) To a community interest group4in relation to doing any of the following:

(i) bidding for, or acquiring, land in England that is included in a local authority’s list of assets of community value;
(ii) preparing to, or considering or deciding whether or how to, bid for or acquire such land; or

(iii) preparing to, or considering or deciding whether or how to, bring such land into effective use.5

8.4 The things that the Secretary of State may do under this section include providing training or education,6providing financial assistance to any body or other person, and making arrangements with a body or other person for the body or person to exercise the powers of the Secretary of State under this provision.7

Providing financial assistance includes providing such assistance by any means (including the making of a loan and the giving of a guarantee or indemnity).8

8.5 Pursuant to these powers, the Department for Communities and Local Government put in place a support and advice service run by...

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