Eligibility Checklists for Nominators

AuthorSimon Adamyk
Pages345-346
Appendix 4


Eligibility Checklists for Nominators

Section 89(1)(a) and (2)(b) of the Act states that an ACV nomination can only be made by either a parish council or by ‘a person that is a voluntary or community body with a local connection’. Regulations 4 and 51then set out the details of who is a ‘voluntary or community body’ for these purposes and what is a ‘local connection’. This appendix sets out a checklist of the requirements contained in the Act and the Regulations for each of the various permitted types of nominator. These requirements are dealt with in more detail in Chapter 3 (especially in paragraphs 3.30 to 3.40).

Ground A – Neighbourhood forum
(1) The nominator is ‘a body designated as a neighbourhood forum pursuant to section 61F of the Town and Country Planning Act 1990’.


(2) Its activities are wholly or partly concerned: (a) with the local authority’s area; or (b) with a neighbouring authority’s area.

Ground B – Parish council
(1) The nominator is ‘a parish council’. reg 5(1)(b)
(2) (a) The nomination is made in respect of land in the parish council’s (own) area; or
(b) The nomination is made in respect of land in another parish council’s area and any part of the boundary of the first parish council’s area is also part of the boundary of the other parish council’s area; or
(c) The nomination is made in respect of land that is not in any parish council’s area and: (i) the parish council’s area is within the local authority’s area; or (ii) any part of the boundary of the parish council’s area is also part of the boundary of the local authority’s area.

1As amended by the Co-operative and Community Benefit Societies and Credit Unions Act 2010

(Consequential Amendments) Regulations 2014 (SI 2014/1815).

reg 5(1)(a)

reg 4(1)(a)

s 89(2)(b)(i)

reg 4(2)(a)

reg 4(2)(b)

346 Assets of Community Value: Law and Practice

Ground C – Unincorporated body
(1) The nominator is ‘an unincorporated body’. reg 5(1)(c)
(2) Its members include at least 21 individuals. reg 5(1)(c)(i)
(3) It does not distribute any surplus it makes to its members. reg 5(1)(c)(ii)
(4) Its activities are wholly or partly concerned: (a) with the local authority’s area; or (b) with a neighbouring authority’s area.


(5) Any surplus it makes is wholly or partly applied: (a) for the benefit of the local authority’s area; or (b) for the benefit of a neighbouring authority’s area.


(6) It has at least 21 ‘local...

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