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OPEN SPACES ACT 1906 - SECT 2

2.(1) Where an open space is, in pursuance of a local or private Act of
Parliament, placed under the care and management of trustees or other persons
(in this section referred to as trustees), with a view to the preservation and
regulation thereof as a garden or open space, the trustees may, in pursuance
of a special resolution, and with the consent, signified by a special
resolution, of the owners and occupiers of any houses which front upon the
open space, or of which the owners and occupiers are liable to be specially
rated for the maintenance of the open space,

(a)convey, for or without any consideration, to any local authority, their
estate or interest in the open space or, if they have no such estate or
interest, transfer to any local authority the entire care and management of
the open space, to the end that the space may be preserved for the enjoyment
of the public; or

(b)grant, for or without any consideration, to any local authority any term of
years or other limited interest in or any right or easement over the
open space; or

(c)make any agreement with any local authority for the opening to the public
of the open space and the care and management thereof by the local authority,
either at all times or at any specified time or times; or

(d)notwithstanding anything in the Act or any instrument under which the
trustees are constituted or act, admit persons not owning, occupying, or
residing in any house fronting on the open space to the enjoyment of the
open space, either at all times or at any specified time or times, and
regulate the admission of such persons thereto on such terms and conditions as
the trustees think proper.

(2) Where the freehold of the open space and the freehold of all or the
greater part of the houses round the open space are vested in the same person
the powers conferred by this section shall not be exercised without the
consent of that person.

(3) Any such conveyance, transfer, grant, or agreement shall be made, if the
trustees are a corporation, by an instrument under the common seal of the
trustees, and if the trustees are not a corporation, by an instrument under
the hands and seals of any five of the trustees, or of all the trustees if for
the time being they are less than five in number.

(4) Any conveyance, transfer, grant, or agreement under this section shall be
deemed a good execution of the trusts, powers, and duties imposed or conferred
upon the trustees by the Act or instrument under which they are constituted or
act, and where the trustees convey their entire interest in, or transfer the
entire care and management of, the open space they shall, on the execution of
the conveyance or transfer, be relieved and discharged from all trusts,
powers, and duties under the Act or instrument or otherwise with reference to
the open space.

(5) The trustees shall hold any purchase money or rent paid for or in respect
of the open space in trust for the benefit of the persons or class of persons
for whose benefit the open space was previously preserved and managed by the
trustees, or, as the case may be, for the benefit of the objects to which any
rates previously imposed in respect of the open space had been applied, and
such persons or class of persons shall be discharged either absolutely, or, if
the grant was for a term of years or other limited interest, during the
continuance of that interest, from any special rate or other obligation
previously imposed on them in respect of the open space.

© 1906 Crown Copyright

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