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<p>Provisions are in place under the Community Right to Challenge to enable town and
parish councils and voluntary and community organisations to challenge how council
services are delivered by submitting a bid (Expression of Interest) to the relevant
council.</p><p>Expressions of Interest need to be made in respect of an existing service
and one that the local authority has responsibility for providing, which councils
must consider and can only reject if specific circumstances set out in legislation
apply. If a developer is undertaking work as part of an agreement under Section 106
of the Town and Country Planning Act 1990, then this would not fall under the scope
of the Right to Challenge as it would not be a local authority service.</p><p>However,
if a highways service was to be delivered by a local authority as a result of a Section
106 contribution then this would be within the scope of the Right, although it is
important to note that local authorities are able to reject an Expression of Interest
if a service is already the subject of a procurement process or pre-procurement negotiations.
If this is the case, the town or parish council or community group would be able to
participate in the procurement process.</p><p>The Community Right to Bid provides
local people and parish councils with the opportunity to nominate a building or land
for listing by a local council as an Asset of Community Value (ACV), which, if the
owner decides to sell, a moratorium of up to six months is triggered. During the moratorium
period, the asset cannot be sold except to a community bidder.</p><p>If a highways
service was to be delivered by a local authority as a result of a Section 106 contribution
then this should be within the scope of the Community Right to Challenge. It is important
to note though that local authorities are able to reject an expression of interest
if a service is already the subject of a procurement process or if the authority has
entered into negotiations with a third party to deliver the service and these are
at least in part conducted in writing. Where the services are currently being procured,
the organisation in question would be able to participate in the procurement exercise.</p>
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