New Towns (Scotland) Act 1968

18 Disposal of land by development corporation. S

(1) Subject to this section and to any directions given by the Secretary of State under this Act, the development corporation established for the purposes of a new town may dispose of any land acquired by them (whether or not, in the case of land within the area of the new town, the development of that particular land has been proposed or approved under section 6(1) of this Act) to such persons, in such manner, and subject to such covenants or conditions, as they consider expedient for securing the development of the new town in accordance with proposals approved by the Secretary of State under the said section 6(1), or for purposes connected with the development of the new town.

(2) The powers of a development corporation with respect to the disposal of land acquired by them under this Act shall be so exercised as to secure, so far as practicable, that persons who were living or carrying on business or other activities on land so acquired shall, if they desire to obtain accommodation on land belonging to the corporation, and are willing to comply with any requirements of the corporation as to its development and use, have an opportunity to obtain thereon accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them:

Provided that a development corporation shall not have any duty to afford to a person who was carrying on a business of selling [F1 alcohol] by retail on land acquired by them an opportunity of obtaining alternative accommodation for such a business.

(3) Where land is disposed of under this section by a development corporation to any person for the erection of a church or other building for religious worship or buildings ancillary thereto, then, unless the parties otherwise agree, such disposal shall be by way of feu.

(4) Nothing in this Act shall be construed as enabling a development corporation to dispose of land by way of gift or in security, but subject as aforesaid references in this Act to the disposal of land by a development corporation shall be construed as references to the disposal thereof by way of [F2 sale] feu, excambion or lease, by the creation of any servitude, right or privilege, or otherwise.

(5) Subject to the provisions of subsection (2) of this section, a development corporation shall not, except with the consent of the Secretary of State, dispose of land otherwise than on the best terms that can reasonably be obtained.

Textual Amendments

F1 Word in s. 18(2) substituted (1.9.2009) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), Sch. 6 para. 3(2) (with s. 143); S.S.I. 2007/472, art. 3

F2 Word inserted by Local Government, Plannng and Land Act 1980 (c. 65, SIF 123:3, 4), s. 133, Sch. 25 para. 7