New Towns Act 1981

47 Effect of transfer schemes

(1) A transfer scheme shall—

(a) by virtue of this provision and without more, vest in the district council concerned the interest of the new town corporation in the transferred land and any of the corporation's rights, liabilities and obligations relating to that land and shall do so on a date specified in the scheme, being 1st April in the year in question; and

(b) so far as it relates to any other matter, come into force on that date, except so far as may be otherwise provided by the scheme.

(2) A transfer scheme approved or made by the Secretary of State shall—

(a) so far as it transfers to a district council any land of the new town corporation or any of the corporation's rights, liabilities or obligations relating to land, have effect as an instrument under seal made between the corporation and the council,

(b) so far as it relates to any other matter, have effect as an agreement for valuable consideration made by the corporation and council concerned,

and may be enforced accordingly, but, subject to subsection (3) below, may only be varied with the Secretary of State's approval.

(3) The Secretary of State may, on or at any time after notifying the corporation or council concerned of his approval of a transfer scheme without modifications or, as the case may be, sending them a copy of the scheme as finally approved, give directions with the Treasury's consent that the corporation and council may vary the scheme in a specified manner, or vary any specified provisions or any specified description of provisions of the scheme, without his approval.

(4) Any power of varying a transfer scheme does not include power—

(a) to vary it so as to affect any title to land or any rights, liabilities or obligations relating to land; or

(b) to include management arrangements in a scheme approved or made under section 46 above without management arrangements.

(5) Where any proposed variations of a transfer scheme are submitted to the Secretary of State for his approval under subsection (2) above, he may, with the Treasury's consent, approve them with or without modifications or he may reject them, and shall in any event notify the corporation and council concerned of his decision.

(6) Where an interest in buildings or other land is vested by a transfer scheme in a district council or buildings are or other land is managed by such a council in pursuance of management arrangements included in such a scheme, the buildings or other land shall be treated as having been provided or, as the case may be, acquired or appropriated under Part V of the [1957 c. 56.] Housing Act 1957, but—

(a) the Secretary of State may direct that any land shall not be so treated if, in his opinion, it is inappropriate to do so; and

(b) in relation to land so managed the council shall not have the powers conferred by sections 104 and 105 of that Act (disposal of houses so provided and land so acquired or appropriated).

(7) Where an interest in land is so vested, any installations on other land which are transferred by the scheme and are of a kind which could have been provided under Part V of the Housing Act 1957 shall, unless the Secretary of State otherwise directs, be treated as having been so provided.

(8) Without prejudice to subsection (6) above, where land is managed by a district council in pursuance of management arrangements, the council shall have all the powers, rights, liabilities and obligations of the new town corporation relating to the land, except—

(a) the power to hold the corporation's interest in the land ;

(b) any obligation to make repayments of capital or payments of interest in respect of loans ;

(c) where the corporation in question are a development corporation, any powers, rights, liabilities and obligations which are certified by the corporation as being appropriate for them to retain in order to enable them to complete their function of laying out and developing the new town.

(9) Where a person enters into a transaction with a district council relating to a power, right, liability or obligation certified by the corporation concerned under subsection (8)(c) above and with reasonable cause believes that the council have that power, right, liability or obligation, then—

(a) the council shall be taken to enter into, and to be authorised by the corporation to enter into, the transaction as the corporation's agent; and

(b) the corporation shall be entitled to be indemnified by the council for any loss suffered by the corporation as a result of their being taken, by virtue of paragraph (a) above, to be a principal in respect of any transaction.

(10) As soon as reasonably practicable after being notified that a transfer scheme has been approved or made by the Secretary of State, the corporation and council concerned shall—

(a) each deposit at their respective offices and at other convenient places in the town and district respectively an extract of the scheme (including the map) which specifies the transferred land, any transferred rights, liabilities or obligations relating to that land and any land which is the subject of management arrangements ; and

(b) keep the extract so deposited for at least 6 weeks; and

(c) while it is so deposited, permit any interested person to inspect and take copies of the extract, free of charge, at all reasonable hours.