Section 17: Disposal of Surplus Property(1) If any property held by a public body is deemed surplus to requirements, the body must take all reasonable steps to dispose of the property in a manner that achieves best value for the taxpayer.(2) The public body must provide adequate notice of the proposed disposal to interested parties, including the general public, and must consider any representations made in response to the notice.(3) The public body may dispose of the property by sale, lease, exchange or any other means that it considers appropriate.(4) The public body must ensure that any disposal is conducted in a transparent and accountable manner, and that any proceeds from the disposal are properly accounted for and used for the benefit of the taxpayer.

Section 17 of the Public Bodies Act 2011 sets out the requirements for the disposal of surplus property held by public bodies. The purpose of this section is to ensure that the disposal process is transparent, accountable, and achieves best value for the taxpayer.

Facts: When a public body determines that it no longer needs a particular property, it must take all reasonable steps to dispose of it in a manner that achieves best value for the taxpayer. The public body must provide adequate notice of the proposed disposal to interested parties, including the general public, and must consider any representations made in response to the notice. The public body may dispose of the property by sale, lease, exchange, or any other means that it considers appropriate. The public body must ensure that any disposal is conducted in a transparent and accountable manner, and that any proceeds from the disposal are properly accounted for and used for the benefit of the taxpayer.

Relevant laws: Section 17 of the Public Bodies Act 2011 is the primary law governing the disposal of surplus property held by public bodies in the United Kingdom. Other relevant laws include the Freedom of Information Act 2000, which requires public bodies to provide information about their activities upon request, and the Local Government Act 1972, which sets out the powers and duties of local authorities.

Application of laws to facts: The principles set out in Section 17 require that any disposal of surplus property must be conducted in a transparent and accountable manner, with adequate notice provided to interested parties and consideration given to any representations made in response to the notice. The public body must also ensure that any proceeds from the disposal are properly accounted for and used for the benefit of the taxpayer.

Key legal issues or questions: The key legal issues arising from Section 17 include determining what constitutes “reasonable steps” to achieve best value for the taxpayer, what constitutes “adequate notice” of proposed disposals, and what factors should be considered when deciding on the appropriate means of disposal.

Likely outcome: Based on the application of law to the facts, it is likely that any disposal of surplus property by a public body will be subject to strict scrutiny to ensure that it is conducted in a transparent and accountable manner, with adequate notice provided to interested parties and consideration given to any representations made in response to the notice. Any proceeds from the disposal must also be properly accounted for and used for the benefit of the taxpayer.

Alternatives or different interpretations: There may be differing interpretations of what constitutes “reasonable steps” to achieve best value for the taxpayer, and what factors should be considered when deciding on the appropriate means of disposal. However, the principles set out in Section 17 are clear in their intent to ensure transparency, accountability, and best value for the taxpayer.

Risks and uncertainties: The primary risk associated with the disposal of surplus property by public bodies is the potential for legal challenges or litigation if the disposal process is deemed to have been conducted in a non-transparent or non-accountable manner. This could result in reputational damage for the public body and financial costs associated with legal fees and damages.

Advice to the client: Public bodies should ensure that they comply with the requirements set out in Section 17 when disposing of surplus property, including providing adequate notice and considering any representations made in response to the notice. The disposal process should be conducted in a transparent and accountable manner, with any proceeds properly accounted for and used for the benefit of the taxpayer.

Potential ethical issues: There may be ethical considerations associated with the disposal of surplus property by public bodies, such as ensuring that the property is not sold to individuals or organizations that may use it for unethical purposes.

Related case laws and judgments: Some relevant case law relating to Section 17 includes R (on the application of Save Our Surgery Ltd) v Joint Committee of Primary Care Trusts [2013] EWCA Civ 11, which addressed the duty of public bodies to consult with interested parties before making decisions, and R (on the application of Sheppard) v Information Commissioner [2016] EWCA Civ 53, which addressed the disclosure of information relating to the disposal of public property.