Local Government Act 1972, section 127

Disposal of land held by parishes and communities

Part VII Miscellaneous Powers of Local Authorities

(1)Subject to the following provisions of this section, [F696and to those of the Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010,F696] a parish or community council, or the parish trustees of a parish acting with the consent of the parish meeting, may dispose of land held by them in any manner they wish.

(2)Except with the consent of the Secretary of State, land shall not be disposed of under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

[F697 (3)Subsections (2A) and (2B) of section 123 above shall apply in relation to the disposal of land under this section as they apply in relation to the disposal of land under that section, with the substitution of a reference to a parish or community council or the parish trustees of a parish for the reference to a principal council in the said subsection (2A).F697]

(4)Capital money received in respect of a disposal under this section of land held for charitable purposes shall be applied in accordance with any directions given under [F698the Charities Act 2011F698] .

(5)For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists—

(a)of the grant of a term not exceeding seven years, or

(b)of the assignment of a term which at the date of the assignment has not more than seven years to run.

Definitions used in section 127 3

Wales

In this Act “Wales” means the combined area of the preserved counties and “England” does not include any area which is included in any of the preserved counties.

Defined in s.269 · see it in the full Act
land

“land” includes any interest in land and any easement or right in, to or over land;

Defined in s.270(1) · see it in the full Act
principal council

“principal council” means a council elected for a principal area;

Defined in s.270(1) · see it in the full Act

Cases considering section 127 3

Day, R (On the Application Of) v Shropshire Council

[2020] EWCA Civ 1751 · 23 December 2020Interprets

The court identified section 127 as the parish council’s power to dispose of land, subject to the incorporated requirements in section 123. (see paras [29]-[30]) Cited only. Cited only. Cited only. Cited only.

Day, R (On the Application Of) v Shrewsbury Town Counci & Anor

[2019] EWHC 3539 (Admin) · 19 December 2019

Identifies the power of a parish or community council to dispose of its land, subject to statutory restrictions. (see para [102]) Applies the section 123(2A) and (2B) disposal safeguards to parish and community council disposals. (see para [102])

R (on the application of Day) v Shropshire Council

[2023] UKSC 8 · 1 March 2023

Applies the section 123(2A) and 123(2B) disposal requirements to parish councils (see para [5]).

What each judgment says about section 127 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F696Words in s. 127(1) inserted (15.12.2010) by Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure 2010 (nawm 6), ss. 2(3), 5(2)
  2. F697S. 127(3) substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1, 2), s. 118, Sch. 23 Pt. V para. 19
  3. F698Words in s. 127(4) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 26 (with s. 20(2), Sch. 8)

Modifications

  1. C652S. 127 excluded (1.10.1998) by 1998 c. 31, s. 77(6)(9) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I