Allotments for the Relief of Poverty
The Charity Commission is arguing that Section 139(3) of the Local
Government Act 1972 precludes a local authority from accepting
trusteeship of a charity for the releif of poverty, but that this
prohibition does not apply to an allotment charity as long as it
remains such.  The local authority as trustee is thus empowered by the
Commission to sell off part of the land without being hampered by the
normal restrictions on sale of statutory allotment land (i.e. the need
for a Section 8 ODPM Order agreeing to that sale). But if the
allotments are allotments by statute (i.e.an enclosure grant) then I
would argue they are statutory allotments (not just charity ones:
since the Commission has excluded them as a charity by its own
argument) and so should be subject to normal allotment law relating to
statutory allotments (i.e.requirement of a section 8 order for their
disposal) and not merely Commission acceptance of a Scheme for partial sale;
and unless that normal safeguard is enforced the beneficiaries lose
the
property and justice rights to which they are normally entitled in law,
contrary to natural justice, reasonable administration and  human
rights.
What is the position please?
I ask this as a volunteer seeking protection of open space and allotment gardening.