Eligibility Checklists for Nominators
Author | Simon Adamyk |
Pages | 345-346 |
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 5
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.
(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...
To continue reading
Request your trial- Books and Journals
- Localism Act 2011, Part 5, Chapter 3 (sections 87 to 108)
- Assets of Community Value (England) Regulations 2012 (SI 2012/2421)
- Summary of Asset of Community Value Cases Decided so far by the Firsttier Tribunal and Upper Tribunal
- Eligibility Checklists for Nominators
- Provisions Creating Rights of Appeal to the First-tier Tribunal (General Regulatory Chamber)
- Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (SI 2009/1976)
- Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698)
- Notice of Appeal to First-tier Tribunal (General Regulatory Chamber)
- Index
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