New Towns (Scotland) Act 1968

Public services

33 Combination of authorities for provision of services

(1) Where an order is made under section 1 of this Act designating an area as the site of a new town and the Secretary of State is satisfied that, in consequence of the making of that order, it is expedient that two or more local authorities should combine for the purpose of providing and maintaining sewerage or other services for that area or any larger area which comprises that area, the Secretary of State may make an order under section 120 of the [1947 c. 43.] Local Government (Scotland) Act 1947 combining the authorities for that purpose, notwithstanding—

(i) that no application in that behalf is made to him by any of these authorities, and

(ii) the provisions of subsection (5) of the said section 120.

(2) If, as a result of—

(a) the combining of authorities under an order made under subsection (1) above, or

(b) anything done under such an order,

any person (who, immediately before the order came into force, was an officer or servant of a local authority affected by the order)—

(i) is transferred to the employment of any joint committee set up under the order or of any other authority in the combination, or

(ii) has his appointment terminated, or

(iii) suffers diminution in his emoluments,

and in any case suffers a direct pecuniary loss by reason of such transfer, termination or diminution, that person shall, unless, provision for his compensation for that loss is made by or under any other enactment, be entitled to receive compensation from the local authority or such authority as may be specified in the order.

(3) The provisions of section 318 of, and Schedule 11 to, the [1947 c. 43.] Local Government (Scotland) Act 1947 shall apply in relation to claims for compensation under subsection (2) above as they apply in relation to claims for compensation under that Act, subject to such necessary modifications as the Secretary of State may by order prescribe.

34 Power to authorise provision of services by development corporation

(1) If, after consultation with—

(a) the local authority or, as the case may be, regional water board who are responsible for the provision of water, sewerage or other services for an area designated by an order under section 1 of this Act as the site of a new town or any part of that area, and

(b) the development corporation established for the purpose of that order,

the Secretary of State is satisfied that it is expedient so to do, he may by an order made under this subsection authorise the development corporation to exercise, for the purpose of providing and maintaining any such service, such powers (other than a power to raise money by rate or loan) as may be specified in the order, being powers which the local authority or, as the case may be, regional water board could, or could be authorised to, exercise for that purpose under any enactment.

(2) The Secretary of State may from time to time, after consultation with the local authority or, as the case may be, regional water board, direct that the expenditure incurred by the development corporation in the exercise of the powers conferred on them by an order under subsection (1) above, or such part of that expenditure as he may determine, shall be repaid by the local authority or, as the case may be, regional water board to the corporation on such terms and over such period as he may specify, and any sum directed to be paid under this subsection shall be recoverable by the corporation: from the authority or board accordingly.

(3) Any expenditure incurred by the local authority or regional water board in making any payment under this section to the development corporation, representing the cost or part of the cost of the provision and maintenance of any service, shall be defrayed in like manner, and the local authority or regional water board shall have the like power to borrow money for the purpose, as if the service had been provided by them.