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Nominating an Asset for Inclusion in a Local Authority's List of Assets of Community Value

Document Cited authorities 2 Cited in Related
Vincent
AuthorWilliam Webster/Robert Weatherley
Pages349-351
Chapter 34


Nominating an Asset for Inclusion in a Local Authority’s List of Assets of Community Value

WHO MAY NOMINATE

34.1 Local authorities can only list land in response to a nomination by a community body.1For a local group to be able to nominate land (known as a ‘community nomination’), it will have to demonstrate that its activities are wholly or partly concerned with the local authority area where the asset sits or with a neighbouring authority (an authority which shares a boundary with the authority in which the asset is located).

34.2 A ‘community nomination’ may be made:2

(a) by a parish council in respect of land in England in the parish council’s area;3

(b) by a community council in respect of land in Wales in the community council’s area;4or

(c) by a person that is ‘a voluntary or community body’ (being an unincorporated group) with ‘a local connection’.5

34.3 The ACV Regulations provide that ‘a voluntary or community body’ means:

(a) a body designated as a neighbourhood forum pursuant to section 61F of the TCPA 1990;6

(b) a parish council;7

(c) an unincorporated body:

(i) whose members include at least 21 individuals, and
(ii) which does not distribute any surplus it makes to its members;8

1LA 2011, s 89(1).

2LA 2011, s 89(2)(b).

3LA 2011, s 89(2)(b)(i).

4LA 2011, s 89(2)(b)(ii).

5LA 2011, s 89(2)(b)(iii).

6ACV Regulations, reg 5(1)(a).

7ACV Regulations, reg 5(1)(b).

8ACV Regulations, reg 5(1)(c).

350 Restrictions on the Use of Land

(d) a charity;9

(e) a company limited by guarantee which does not distribute any surplus it makes to its members;10

(f) an industrial and provident society which does not distribute any surplus it makes to its members (being a body registered or deemed to be registered under the Industrial and Provident Societies Act 1965 which meets one of the conditions in section 1 of that Act);11

(In relation to (e) and (f), non-profit distributing means that any surplus is not distributed to its members but is wholly applied to the local authority area where the asset is based or to a neighbouring authority area.)
(g) a community interest company (which is a company which satisfies the requirements of Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 – see in particular sections 26, 35 and 36A).12

34.4 The expression ‘a local connection’ is defined in the ACV Regulations13

which provides that a body (other than a parish council) has a...

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