Local Government Act 1972, section 128

Consents to land transactions by local authorities and protection of purchasers

Part VII Miscellaneous Powers of Local Authorities

(1)In any case where under the foregoing provisions of this Part of this Act the consent of any Minister is required to a dealing in land by a local authority, that consent may be given—

(a)in relation to any particular transaction or transactions or in relation to a particular class of transactions; and

(b)in relation to local authorities generally, or local authorities of a particular class, or any particular local authority or authorities; and

(c)either unconditionally or subject to such conditions as the Minister concerned may specify (either generally, or in relation to any particular transaction or transactions or class of transactions).

(2)Where under the foregoing provisions of this Part of this Act or under any other enactment, whether passed before, at the same time as, or after, this Act, a local authority purport to acquire, appropriate or dispose of land, then—

(a)in favour of any person claiming under the authority, the acquisition, appropriation or disposal so purporting to be made shall not be invalid by reason that any consent of a Minister which is required thereto has not been given or that any requirement as to advertisement or consideration of objections has not been complied with, and

(b)a person dealing with the authority or a person claiming under the authority shall not be concerned to see or enquire whether any such consent has been given or whether any such requirement has been complied with.

(3)M21Notwithstanding that principal councils are authorities to whom Part II of the Town and Country Planning Act 1959 applies, sections 22, 23 and 26 of that Act (provisions relating to consents required for the exercise of powers of acquisition, appropriation and disposal of land) shall not apply in relation to the exercise by principal councils of powers conferred by this Part of this Act, and in section 29 of that Act (protection of purchasers) references to an authority to whom the said Part II applies shall be construed as though that expression did not include a principal council.

(4) In this section “local authority” includes a parish meeting and the parish trustees of a parish.

Definitions used in section 128 4

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
local authority

46 In this Part of this Schedule “local authority” includes a joint authority .... . . . . . and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.

Defined in Sch.12 para.46 · see it in the full Act

“local authority” means a county council, . . . a district council, a London borough council or a parish council but, in relation to Wales, means a county council, county borough council or community council;

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

(2) Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to —

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to —

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Defined in Sch.12A para.22(2) · see it in the full Act

(2) Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to—

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to—

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Defined in Sch.12A para.11(2) · see it in the full Act

(2E) In subsection (2D) above, “the authority” has the meaning given in paragraph 22(2) of Schedule 12A to this Act.

Defined in s.100F(2E) · see it in the full Act

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

Defined in s.100F(2B) · see it in the full Act

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

Defined in s.100F(2B) · 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 128 6

R (on the application of Day) v Shropshire Council

[2023] UKSC 8 · 1 March 2023Disapplies

Protects the validity of a completed acquisition, appropriation or disposal despite failure to obtain consent or comply with advertisement and objection requirements. It does not extinguish statutory-trust rights (see paras [103]-[106]; [113]). Relieves purchasers from seeing or inquiring whether specified procedural requirements were met, but neither deems compliance nor frees recreation land from its statutory trust (see paras [91]; [103]-[110]; [113]). Disapplied overlapping provisions of the Town and Country Planning Act 1959 in relation to principal councils exercising Part VII powers (see para [80]).

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

[2020] EWCA Civ 1751 · 23 December 2020Interprets

The court construed section 128(2) as protecting purchasers where a local authority failed to obtain a required consent or comply with statutory advertising or objection requirements. (see paras [33], [43]-[52]) The court held that section 128(2)(a) protects the validity of a disponee’s legal title even where the authority failed to obtain a required consent or comply with an advertising or objection requirement. (see paras [33], [44], [52], [64]) The court construed section 128(2)(b) as preventing a purchaser without actual knowledge from being fixed with constructive notice of non-compliance. Such a purchaser takes title free from the section 10 trust; actual knowledge produces the opposite result. (see paras [43]-[52], [64])

The Margery Kempe Trust, R (on the application of) v Norfolk County Council

[2025] EWHC 2840 (Admin) · 4 November 2025Interprets

The court treated the Secretary of State’s consent under section 128 as capable of being supplied by a general consent. That general consent was sufficient for the disposal considered in this case. (see paras [21]; [29]-[31])

What each judgment says about section 128 is in the case-law panel in the full Act.

Amendments and notes

14 notes from legislation.gov.uk

Modifications

  1. C653S. 128 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch.2.
  2. C654S. 128 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.
  3. C655Ss. 128-131 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.
  4. C656Ss. 128-131 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.
  5. C657Ss. 128-131 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
  6. C658Ss. 128-131 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1
  7. C659S. 128(1) amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
  8. C660S. 128(2) restricted by Housing Act 1980 (c. 51, SIF 61), s. 137(1)
  9. C661S. 128(2) excluded by Housing and Building Control Act 1984 (c. 29, SIF 61), s. 22(7)
  10. C662S. 128(2) restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 93(1)
  11. C663S. 128(2) amended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 57(7), Sch. 13 para. 12(c)
  12. C664S. 128(2) excluded by Housing Act 1985 (c. 68, SIF 61), s. 44(2)
  13. C665S. 128(2) applied by 1990 c. 8, s. 233(9) (as inserted (25.6.2013 for E.) by Growth and Infrastructure Act 2013 (c. 27), ss. 8(3), 35(1); S.I. 2013/1124, art. 3)

Marginal citations

  1. M211959 c. 53.