AuthorSimon Adamyk
Chapter 7Enforcement


7.1 The Act and the Regulations contain a number of provisions which are designed to provide effective enforcement of the ACV provisions. This chapter deals with these enforcement provisions.


7.2 The Government considered that the combined effect of the enforcement provisions should ensure that only a case of deliberate fraud, perpetrated with the assistance of at least one legal professional, could result in what it called ‘an ineffective non-compliant disposal’, an eventuality which, though technically possible, the Government considered extremely unlikely.1


7.3 A disposal of an ACV is deemed by the Regulations to be ‘ineffective’ if it is a disposal which contravenes section 95(1) of the Act (i.e. the moratorium on disposals).2The intention is that, if a purported disposal of land is ineffective, the change of ownership does not in fact take place and the ownership of the land

1Explanatory Memorandum to the Regulations, para 7.47. Although the Explanatory

Memorandum states that ‘only a case of deliberate fraud, perpetrated with the assistance of at least one legal professional, could result in an ineffective [sic] non-compliant disposal’, this seems incorrect because rendering non-compliant disposals ineffective is precisely what the Regulations are intended to achieve, and an ‘ineffective non-compliant disposal’ is therefore the routine effect of reg 21. The Explanatory Memorandum to the Regulations might possibly have meant to refer to a ‘registered’ non-compliant disposal instead. See further paras 7.3 and 7.15–7.17.

2Regulation 21(1). For further details of the moratorium, see paras 5.3–5.75.

288 Assets of Community Value: Law and Practice

remains with the original owner.3If the disposal has erroneously been registered on the land register held under the Land Registration Act 2002, the register would have to be rectified once the fact that the sale was void was discovered.4

7.4 However, the provision in regulation 21(1) which renders a non-compliant disposal ineffective does not apply if the person making the disposal, having made all reasonable efforts to find out if the land to be disposed of is listed as an ACV, does not know that it is listed at the time the disposal is entered into.5


7.5 The Act and the Regulations also contain a number of provisions which are intended to ensure that there is publicity in relation to ACVs. These include the following:

(a) A local authority must publish its list of assets of community value and its list of land nominated by unsuccessful community nominations,6and must make them available for free inspection and provide free copies of them upon request.7

(b) A local authority which is considering whether to list a nominated ACV must take all practicable steps to give the information that it is considering listing the land to the parish council, the owner of the land, and any leaseholders and lawful occupants.8

(c) Where land is included in or removed from a local authority’s list of assets of community value, the local authority must give written notice of the inclusion or removal to various specified persons, including the owner of the land, any occupier(s) of the land, the person who made the nomination (if the land was included in the list in response to a community nomination),9and any leaseholder and the parish council.10This notification of the inclusion of land in...

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