City of London Corporation (Open Spaces) Act 2018

Document Number:2018 CHAPTER i
 
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An Act to make provision relating to the public open spaces under the management and control of the City of London Corporation; and for related purposes.

WHEREAS—

A number of open spaces outside of the City of London are vested in the City of London Corporation (“the Corporation”) for the public benefit as places of recreation and enjoyment, and under various Acts the Corporation has powers of management over those open spaces:

It is expedient to provide certain further powers of management in relation to those open spaces, with a view to clarifying in various respects the powers and duties of the Corporation, more effectually promoting and securing the objects for which the open spaces are held, and enabling revenue to be raised to be applied to those objects:

It is expedient to provide more effective powers of enforcement against persons who may act unlawfully in them:

It is expedient that certain of the provisions also be applied to open spaces within the City of London under the management of the Corporation:

It is expedient that the related provisions in this Act be enacted:

The objects of this Act cannot be attained without the authority of Parliament:

May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Preliminary

1 Citation

This Act may be cited as the City of London Corporation (Open Spaces) Act 2018.

2 Interpretation

(1) In this Act—

“amenity” includes visual appearance;

“authorised officer” means, in relation to any function, an officer or employee of the Corporation, or other person acting under the control of the Corporation in relation to an open space, who is authorised in writing by the Corporation for the purposes of the function concerned;

“the Corporation” means the Mayor and Commonalty and Citizens of the City of London, acting by the Common Council.

(2) In any provision of this Act, a reference to an “open space” is a reference to any open space to which, by virtue of section 3 , the provision applies.

(3) In the application of this Act to Epping Forest, any reference to the Corporation is to be taken as a reference to the Corporation in its capacity as the Conservators of Epping Forest.

(4) In the application of this Act to any other open space outside the City of London, any reference to the Corporation is a reference to the Corporation acting other than in its capacity as a local authority.

Introductory provisions

3 Application of this Act

(1) This Act applies to the following open spaces—

Epping Forest, being the land subject to the Epping Forest Act 1878 and vested in the Corporation;

Highgate Wood and Queen’s Park, together being the land vested in the Corporation by the Highgate and Kilburn Open Spaces Act 1886;

Hampstead Heath, being the land vested in the Corporation by the London Government Reorganisation (Hampstead Heath) Order 1989; and

Ashtead Common, Burnham Beeches, Coulsdon Common, Farthing Downs, Kenley Common, Riddlesdown, Spring Park, Stoke Common and West Wickham Common, being the land vested in the Corporation by the Corporation of London (Open Spaces) Act 1878.

(2) Subject to subsection (3) , sections 4(2) , 6 , 7 , 8 and 10 also apply to the following open spaces—

(a) Bunhill Fields, being the land vested in the Corporation by Part 3 of the City of London (Various Powers) Act 1960; and

(b) any garden, ornamental ground or churchyard in the City of London which is managed by the Corporation for purposes of public recreation under the Open Spaces Act 1906 or any local enactment.

(3) In relation to any land falling within subsection (2)(b) which is not vested in the Corporation, the powers in sections 6 , 7 , 8 and 10—

(a) may only be exercised with the consent of the landowner, and

(b) do not include the power to grant a lease or an easement.

(4) Section 4 and sections 11 to 14 also apply to any land comprising a deer sanctuary to which section 17 of the City of London (Various Powers) Act 1959 applies (which land is accordingly to be regarded as an open space for the purposes of section 2(2)).

4 Protected status and private rights

(1) The sections of the Acts referred to in the following paragraphs of this subsection apply to this Act as they apply to the Acts referred to in those paragraphs—

(a) sections 12 , 14 and 16 of the Hampstead Heath Act 1871 (which provide for the preservation of Hampstead Heath as an unenclosed public open space, the prohibition of the sale of turf, gravel or other material, and the preservation of its natural aspect);

(b) sections 7 and 9 of the Epping Forest Act 1878 (which provide for the preservation of Epping Forest as an unenclosed public open space and the preservation of its natural aspect);

(c) sections 6 and 7 of the Corporation of London (Open Spaces) Act 1878 (which provide for the preservation of the open spaces to which that Act applies as unenclosed public open spaces and the preservation of their natural aspect); and

(d) section 2 of the Highgate and Kilburn Open Spaces Act 1886 (which provides for the preservation of the lands to which that Act applies as public open spaces and the preservation of their natural aspect).

(2) Nothing in this Act—

(a) affects any power of the Corporation other than under this Act;

(b) prevents the...

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