Local Government Act 1972, section 131

Savings

Part VII Miscellaneous Powers of Local Authorities

(1)Nothing in the foregoing provisions of this Part of this Act or in Part VIII below—

(a)M24shall authorise the disposal of any land by a local authority in breach of any trust, covenant or agreement which is binding upon them, excluding any trust arising solely by reason of the land being held as public walks or pleasure grounds or in accordance with section 10 of the Open Spaces Act 1906; or

(b)shall affect, or empower a local authority to act otherwise than in accordance with, any provision contained in, or in any instrument made under, any of the enactments specified in subsection (2) below and relating to any dealing in land by a local authority or the application of capital money arising from any such dealing.

(2)The enactments referred to in subsection (1)(b) above are—

(a)M25the Technical and Industrial Institutions Act 1892;

(b)the Military Lands Acts 1892 to 1903;

F700 (c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the Allotments Acts 1908 to 1950;

(e)the Small Holdings and Allotments Acts 1908 to 1931;

[F701 (f)the Ancient Monuments and Archaeological Areas Act 1979F701]

(g)M26section 28 of the Land Settlement (Facilities) Act 1919;

F702 (h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F703 (i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)M27Part III of the Agriculture Act 1970; and

F703 (jj). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)any local Act (including an Act confirming a provisional order).

F704 (l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F705 (m)the Housing Act 1985F705] ; [F706and

(n)Part 2 of the Historic Environment (Wales) Act 2023.F706]

(3)Nothing in the foregoing provisions of this Part of this Act shall affect the operation of [F707sections 117 to 121 of the Charities Act 2011 (restrictions on dispositions of charity land)F707] and, in particular, none of those provisions shall be treated as giving any such authority for a transaction as is referred to in [F708section 117(3)(a) (certain statutorily authorised dispositions not to require the sanction of the Charity Commission)F708] .

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

Definitions used in section 131 3

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

Cases considering section 131 4

R (on the application of Day) v Shropshire Council

[2023] UKSC 8 · 1 March 2023Interprets

The exception concerning public recreation trusts accommodates the specific power of disposal under section 123. It does not independently authorise disposal in breach of those trusts or enlarge section 128(2) (see paras [81]; [112]).

Sean David Wilkinson, R (on the application of) v London Borough of Enfield

[2024] EWHC 1193 (Admin) · 17 May 2024Limits

The saving provision was considered in relation to the continuing effect of statutory trusts. The court held that the specific mechanism in section 123(2B) lawfully resolves that issue on disposal (see paras [99], [206]-[209]). Section 131(1)(b) required the council not to act otherwise than in accordance with relevant local enactments. Read with article 20 of the 1967 Act Order, it did not exclude the section 123 disposal power (see paras [127]-[165]). The court accepted that the 1967 Act Order was a local Act or Act confirming a provisional order within section 131(2)(k), but held that the Order, read as a whole, supplemented rather than displaced section 123 (see paras [127]-[139]).

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

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

Limits the prohibition on disposal in breach of trust by excluding trusts arising solely from land being held as public walks, pleasure grounds or under section 10 of the Open Spaces Act 1906. (see paras [105], [115]-[118])

What each judgment says about section 131 is in the case-law panel in the full Act.

Amendments and notes

18 notes from legislation.gov.uk

Amendments

  1. F700S. 131(2)(c) repealed (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. I; S.I. 1992/2784, arts. 2, 3(3), Sch. 2 Pt. III
  2. F701S. 131(2)(f) substituted by Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), s. 64(2), Sch. 4 para. 13
  3. F702S. 131(2)(h) repealed by Civil Aviation (Amendment) Act 1982 (c. 1, SIF 9), s. 4(3), Sch. 2
  4. F703S. 131(2)(i)(jj) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 6, Sch. 1
  5. F704S. 131(2)(l) inserted by Housing Act 1980 (c. 51, SIF 61), s. 152(1), Sch. 25 para. 23 and repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 6, Sch. 1 Pt. I
  6. F705S. 131(2)(m) inserted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 23
  7. F706S. 131(2)(n) and word inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 16 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
  8. F707Words in s. 131(3) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 27(a) (with s. 20(2), Sch. 8)
  9. F708Words in s. 131(3) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 27(b) (with s. 20(2), Sch. 8)

Modifications

  1. 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.
  2. 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.
  3. 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
  4. 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
  5. C670S. 131 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.

Marginal citations

  1. M241906 c. 25.
  2. M251892 c. 29.
  3. M261919 c. 59.
  4. M271970 c. 40.