Local Government, Planning and Land Act 1980

Legislation Crest

Local Government, Planning and Land Act 1980

1980 CHAPTER 65

An Act to relax controls over local and certain other authorities; to amend the law relating to the publication of information, the undertaking of works and the payment of allowances by local authorities and other bodies; to make further provision with respect to rates and to grants for local authorities and other persons and for controlling the expenditure of local authorities; to amend the law relating to planning; to make provision for a register of public land and the disposal of land on it; to repeal the Community Land Act 1975; to continue the Land Authority for Wales; to make further provision in relation to land compensation, development land, derelict land and public bodies’ acquisitions and disposals of land; to amend the law relating to town development and new towns; to provide for the establishment of corporations to regenerate urban areas; to make further provision in relation to gipsies and their caravan sites; to abolish the Clean Air Councils and certain restrictions on the Greater London Council; to empower certain further authorities to confer honorary distinctions; and for connected purposes.

[13th November 1980]X1

Editorial Information

X1The text of ss. 1–24, 25, 26(1)(2), 27(2), 48–68, 70–85, 93–100, 173–178, 180–183, 184(1), 185–197, Schs. 1–13, 16, 33, 34 was taken from SIF group 81:1 (Local Government); the text of ss. 1(1)–(4)(6)–(8), 2(1)(2)(4)–(10), 3, 4(1)–(4)(6)(7), 5–15, 16(1)–(5), 17–23, 25, 26(3)(4), 27, 176, 177, 178(3)(4), 184(2), 188, 189, 191–194, 195(1), 196, 197, Schs. 1–4, 6, 7, 33, 34 was taken from SIF group 81:2 (Local Government); the text of ss. 28–47, 69, 192–194, 195(1), 196, 197, Schs. 33, 34 Pt. IX was taken from SIF group 103:1, 2 (Rating: England and Wales), (Rating: Scotland); the text of ss. 86–91, 101–112, 113(1)–(10)(12)(13), 114–125, 134–141, 142(1)–(6), 143–148, 149(1)–(5)(11)–(13), 150–155, 156(1)–(3), 157–166, 167(1)–(12)(14)(15), 168–172, 179, 192, 195(1), 196, 197, Schs. 14, 15, 17–23, Sch. 24 Pt. I, Sch. 26, Sch. 27 paras. 1–14, Sch. 28 paras. 1–3, 4(1), 5, 6, 7, 9(1)(2)(3), 10–23, Schs. 29, 31, Sch. 32 paras. 1(1)(3)–(7), 2–4, 5(1)–(7)(9), 6, 7(1)(2), 8–18, 20–23, 25–32 was taken from SIF group 123:1 (Town and Country Planning: Planning, England and Wales); the text of ss. 87, 92, 101, 112, 113(1)–(9)(11)–(13), 114–116, 118, 120–122, 125, 134(1)(3)(4), 135–141, 142(1)–(4)(6)(7), 143–148, 149(6)–(13), 151(1)–(3)(5)–(9), 152–155, 156(4), 159–166, 167(1)–(14), 168, 170–172, 179, 192, 195(1), 196–197, Sch. 17 paras. 1–3, 5–8, 10, 11(1)(3)(4), 12–15, Sch. 23, Sch. 24 Pt. II, Sch. 26, Sch. 27 paras. 1–8, 14–26, Sch. 28 paras. 1–3, 4(2), 5, 6, 8–20, Schs. 30, 31, Sch. 32 paras. 1(2)–(6), 2, 5(1)–(6)(8)(9), 6, 7(1)–(3), 8–17, 19, 20–22, 24–26, 33–35 was taken from SIF group 123:2 (Town and Country Planning: Planning, Scotland); the text of ss. 126–133, 192, 195(1), 196, 197, Sch. 25 was taken from SIF group 123:3, 4 (Town and Country Planning: Town Development, England and Wales, Town Development, Scotland); provisions omitted from SIF have been dealt with as referred to in other commentary.

Modifications etc. (not altering text)

C1Act: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2Act excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 61(1).

C3Act excluded (21.7.1994) by 1994 c. xiii, s. 33(1)

Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

Part IE+W+S Local Government—Relaxation of Controls

1 Relaxation of Ministerial control of authorities.E+W

(1)So much of the provisions mentioned in Schedule 1 to this Act—

(a)as makes the exercise of any power of a local authority subject—

(i)to a right of appeal to a Minister; or

(ii)to the provisions of regulations made by a Minister; or

(b)as confers upon a Minister any power to give a local authority directions or power to require a local authority to make bylaws; or

(c)as requires a local authority to make any report or give any notice to a Minister,

shall cease to have effect.

(2)The amendments specified in Schedule 2 to this Act shall have effect for the purpose of limiting—

(a)the powers of the Secretary of State and the Treasury to supervise local authorities, F1. . . and river purification authorities in the discharge of their functions relating to clean air and pollution ; and

(b)the powers of the Treasury to control rates of interest on sums payable to such authorities and to the Secretary of State in respect of expenses incurred by them in the discharge of such functions.

(3)The amendments specified in Schedule 3 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to amenity and connected matters.

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The amendments specified in Schedule 6 to this Act shall have effect for the purpose of limiting the powers of Ministers to control charges to be imposed by loacl authorities for the services provided by them and rates of interest to which local authorities may be entitled.

(7)The amendments specified in Part I of Schedule 7 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to highways.

(8)The amendments specified in Part II of that Schedule shall have effect in relation to the functions of local authorities relating to road traffic and to matters connected with those functions.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

1 Relaxation of Ministerial control of authorities.S

(1)So much of the provisions mentioned in Schedule 1 to this Act—

(a)as makes the exercise of any power of a local authority subject—

(i)to a right of appeal to a Minister; or

(ii)to the provisions of regulations made by a Minister; or

(b)as confers upon a Minister any power to give a local authority directions or power to require a local authority to make bylaws; or

(c)as requires a local authority to make any report or give any notice to a Minister,

shall cease to have effect.

(2)The amendments specified in Schedule 2 to this Act shall have effect for the purpose of limiting—

(a)the powers of the Secretary of State and the Treasury to supervise local authorities, [F466and water authorities] in the discharge of their functions relating to clean air and pollution ; and

(b)the powers of the Treasury to control rates of interest on sums payable to such authorities and to the Secretary of State in respect of expenses incurred by them in the discharge of such functions.

(3)The amendments specified in Schedule 3 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to amenity and connected matters.

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The amendments specified in Schedule 6 to this Act shall have effect for the purpose of limiting the powers of Ministers to control charges to be imposed by loacl authorities for the services provided by them and rates of interest to which local authorities may be entitled.

(7)The amendments specified in Part I of Schedule 7 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to highways.

(8)The amendments specified in Part II of that Schedule shall have effect in relation to the functions of local authorities relating to road traffic and to matters connected with those functions.

Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F466Words in s. 1(2)(a) substituted (1.4.1996) by S.I. 1996/973, reg. 2, Sch. para. 5

Part IIE+W+S Publication of Information by Local Authorities

Modifications etc. (not altering text)

C4Pt. II (ss. 2-4) applied (6.4.1995) (temp. until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 6

2 Duty of authorities to publish information.E+W

(1)The authorities to whom this section applies are—

(a)a county council;

[F4(aa)a county borough council;]

(b)a district council;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(d)a London borough council;

(e)the Common Council of the City of London;

(f)the Council of the Isles of Scilly;

(g)in Scotland, a [F6council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

[F7(h)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;]

(j)[F8 a police committee constituted under section 2 of the Police Act 1964 or in Scotland] a police authority constituted under section 2 of the M1 Police (Scotland) Act 1967 ;

(k)[F8a combined police authority constituted in accordance with the provisions of an amalgamation scheme under section 21 of the Police Act 1964 or in Scotland], a joint police [F9board] constituted in accordance with the provisions of an amalgamation scheme under section 19 [F9, 20 or 21B] of the Police (Scotland) Act 1967; . . . F10

[F11(ka)a joint authority established by Part IV of the M2Local Government Act 1985;]

[F12(kb)the London Fire and Emergency Planning Authority;]

(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

[F14; and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value).]

(2)The Secretary of State may issue for the purposes of this section a code of recommended practice as to the publication of information by such authorities about the discharge of their functions and other matters (including forecasts) which he considers to be related.

F15(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A code may be prepared either by the Secretary of State or by some other person at his request.

(5)The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

(6)A code may specify—

(a)that publication be made in periodical reports or in any other specified manner;

(b)the occasions on which such publication is to made; and

(c)the form which such publication is to take.

(7)Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information—

F16(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(b)its inclusion in a statement of accounts prepared by an authority to which this section applies in accordance with regulations under section 27 of the Audit Commission Act 1998 [F18or section 39 of the Public Audit (Wales) Act 2004] or in an abstract of accounts prepared by such an authority in accordance with regulations under section 105 of the Local Government (Scotland) Act 1973; or]

(c)its being made available for inspection by members of the public at an authority’s office or elsewhere.

(8)A code may specify steps which authorities are to take to inform the public of the availability of the information.

(9)Where a code specifies information as to the cost of the discharge of any of the functions of authorities, it may specify how the cost is to be determined.

(10)More than one code may be issued under this section, and different codes may deal with—

(a)different classes of information;

(b)different kinds of authority or the same kind of authority in different circumstances or different areas ;

(c)different manners, forms or occasions of publication.

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F6Words in s. 2(1)(g) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2)(a); S.I. 1996/323, art. 4(1)(c)

F7S. 2(1)(h) substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 49(2); S.I. 2004/2304, art. 2

F8Words in s. 2(1)(j)(k) repealed (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by 1994 c. 29, ss. 43, 93, Sch. 4 Pt. I para. 19, Sch. 9 Pt. I; S.I. 1994/2025, art. 6(1)(2)(6); S.I. 1994/3262, art. 4(1), Sch.

F9Words in s. 2(1)(k) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2)(c); S.I. 1996/323, art. 4(1)(c)

F14Words in s. 2(1) inserted (27.9.1999 in relation to E. and for specified purposes only in relation to W. on 27.9.1999 and otherwise in force in relation to W. on 1.10.1999) by 1999 c. 27, s. 20; S.I. 1999/2169, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2

F15S. 2(3) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

F16S. 2(7)(a) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

F17S. 2(7)(b) substituted (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 5(1)

Modifications etc. (not altering text)

Marginal Citations

M21985 c. 51 (81:1).

2 Duty of authorities to publish information.S

(1)The authorities to whom this section applies are—

(a)a county council;

F467[(aa)a county borough council;]

(b)a district council;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F468

(d)a London borough council;

(e)the Common Council of the City of London;

(f)the Council of the Isles of Scilly;

(g)in Scotland, a [F469council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

[F470(h)a joint fire and rescue board constituted by an amalgamation scheme under section 2 of the Fire (Scotland) Act 2005 (asp 5);]

(j)[F471a police committee constituted under section 2 of the M187 Police Act 1964 or in Scotland] a police authority constituted under section 2 of the M188 Police (Scotland) Act 1967 ;

(k)[F471a combined police authority constituted in accordance with the provisions of an amalgamation scheme under section 21 of the Police Act 1964 or in Scotland], a joint police [F469board] constituted in accordance with the provisions of an amalgamation scheme under section 19 [, 20 or 21B] of the Police (Scotland) Act 1967; . . . F472

[F473(ka)a joint authority established by Part IV of the M189Local Government Act 1985;]

(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F474

F475; and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value).

(2)The Secretary of State may issue for the purposes of this section a code of recommended practice as to the publication of information by such authorities about the discharge of their functions and other matters (including forecasts) which he considers to be related.

F476(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A code may be prepared either by the Secretary of State or by some other person at his request.

(5)The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

(6)A code may specify—

(a)that publication be made in periodical reports or in any other specified manner;

(b)the occasions on which such publication is to made; and

(c)the form which such publication is to take.

(7)Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information—

F16(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F477(aa)its dispatch with, or inclusion in—

(i)a demand note for payment of rates issued under section 237(1) of the M190Local Government (Scotland) Act 1947 ; or

[F478(ii)a notice given by virtue of regulations made under paragraph 2 of Schedule 2 to the Local Government Finance Act 1992]]

(b)its inclusion in an abstract of accounts prepared by an authority to whom this section applies in accordance with regulations under section 166 of the M191 Local Government Act 1972 or section 105 of the M192Local Government (Scotland) Act 1973; or

(c)its being made available for inspection by members of the public at an authority’s office or elsewhere.

(8)A code may specify steps which authorities are to take to inform the public of the availability of the information.

(9)Where a code specifies information as to the cost of the discharge of any of the functions of authorities, it may specify how the cost is to be determined.

(10)More than one code may be issued under this section, and different codes may deal with—

(a)different classes of information;

(b)different kinds of authority or the same kind of authority in different circumstances or different areas ;

(c)different manners, forms or occasions of publication.

Extent Information

E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F16S. 2(7)(a) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 3

F469Words in s. 2(1)(g)(h)(k) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(2); S.I. 1996/323, art. 4(1)(c)

F471Words in s. 2(1)(j)(k) repealed (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by 1994 c. 29, ss. 43, 93, Sch. 4 Pt. I para. 19, Sch. 9 Pt. I; S.I. 1994/2025, art. 6(1)(2)(6); S.I. 1994/3262, art. 4(1), Sch.

F475Words in s. 2(1) inserted (27.7.2000) by 1999 c. 27, ss. 20, 27(1)

F476S. 2(3) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

Modifications etc. (not altering text)

Marginal Citations

3 Supplementary provisions relating to codes of practice on publication of information.E+W+S

(1)The Secretary of State may make regulations requiring authorities to whom section 2 above applies to publish any description of information specified in a code issued under that section if in his opinion it is necesary to make such regulations in order to ensure that authorities publish information of that description.

(2)The Secretary of State may make regulations requiring such authorities to publish any description of information specified in a code issued under section 2 above in the manner and form specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description in that manner and from.

(3)Where the occasions specified in a code for the publication of any description of information recur not more ofter than once a year, the Secretary of State may make regulations requiring authorities to publish information of that description on the occasions specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on those occasions.

(4)Where the occasions specified in a code for the publication of any description of information recur more often than once a year, the Secretary of State may make regulations requiring authorities to publish information on the occasions specified in the code if—

(a)the information is of a description to which this subsection applies; and

(b)in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on the occasions specified in the code.

(5)The descriptions of information to which subsection (4) above applies are—

(a)information about the discharge of authorities’ functions relating to housing or land;

(b)information about the number of their employees or the number of any description of their employees; and

(c)information about the determination of applications for planning permission under [F19the Town and Country Planning Act 1990] or [F20the Town and Country Planning (Scotland) Act 1997].

(6)The Secretary of State may by order direct that subsection (4) above shall apply to descriptions of information other than those specified in subsection (5) above.

(7)Any regulations under this section and any order under subsection (6) above may make different provision in relation to authorities in England, authorities in Scotland and authorities in Wales.

(8)The power to make any such regulations or order shall be exercisable by statutory instrument.

(9)A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)No order under subsection (6) above shall have effect until approved by a resolution of each House of Parliament.

(11)Before issuing a code under section 2 above or making regulations under this section or an order under subsection (6) above the Secretary of State shall consult such associations of authorities to whom section 2 above applies as appear to him to be concerned and any such authority with whom consultation appears to him to be desirable.

(12)A code may specify and regulations under subsection (2) above may require that any description of information shall be published to the public in general or to any section of it.

Textual Amendments

F20Words in s. 3(5)(c) substituted (S.) (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(1)

4 Power to direct bodies to publish information.E+W+S

(1)The relevant Minister may direct that a body or description of bodies specified in any of the paragraph of subsection (4) below shall publish information about the discharge of their functions and other matters (including forecasts) which he considers to be related.

(2)Different directions may be given to bodies of the same description in different areas.

(3)A direction under this section may specify—

(a)the manner in which information is to be published;

(b)the occasions on which such publication is to be made; and

(c)the form which such publication is to take.

(4)The bodies and descriptions of bodies mentioned in subsection (1) above are—

(a)development corporations established under the M3[F21New Towns Act 1981] or the M4New Towns (Scotland) Act 1968;

(b)the Commission for New Towns;

[F22(c)water authorities;]

(d)urban development corporations within the meaning of Part XVI of this Act;

(e)Passenger Transport Executives . . . F23

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(g)district councils [F25or Welsh county councils or county borough councils]carrying on road passenger transport undertakings.

F26(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27(5A)In this section “the relevant Minister ” means, in relation to the National Rivers Authority, the Secretary of State or the Minister of Agriculture, Fisheries and Food]

(6)Subject to [F28[F29subsection](5A)] above, in this section “the relevant Minister " means the Secretary of State.

(7)A direction given to a F30. . .council under this section may only relate to its road passenger transport undertaking.

Textual Amendments

F22S. 4(4)(c) commencing “water " substituted for s. 4(4)(c) commencing “the National " by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 61(1)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F26S. 4(5) repealed (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 9(b)

F27S. 4(5A) inserted by Water Act 1989 (c.15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1) Sch. 25 para. 61(1)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F28Words “subsections (5) and (5A) " substituted for “subsection (5) " by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 61(1)(c), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58

F29Word in s. 4(6) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 9(a)

Modifications etc. (not altering text)

C6S. 4: Functions transferred (25.11.2002) by S.I. 2002/26260, arts. 4(a), 7, 8

Marginal Citations

M31981 c. 64 (123:3).

M41968 c. 16 (123:4).

F31 Part IIIE+W+S Direct Labour Organisations

Textual Amendments

F31Pt. 3 repealed (E.W.) (with effect from 2.1.2000) by 1999 c. 27, ss. 21(1)(a), 34, Sch. 2(1), Note

Pt. 3 repealed (S.) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(e), 62(2); S.S.I. 2003/134, art. 2(1), sch.

F31Works ContractsS

F315 Meaning of “works contract ".S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F316 Regulation of works contracts.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F317 Limitations on power to enter into works contracts.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31Functional workE+W+S

F318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F318 Meaning of functional workS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F319 Regulation of functional work.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31Accounting ProvisionsS

F3110 Accounts relating to construction or maintenance workS

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F3111 Exemption from requirement to keep seperate accounts under section 10.S

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F3112 Contents of accounts relating to construction or maintenance work.S

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F3113 Annual balance sheet etc.S

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F3114 Accounts under section 10 and other local authority accounts.S

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F31Financial provisionsS

F3115 Payment for construction or maintenance work undertaken in pursuance of delegated functions etc.S

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F3116 General financial duty: treatment of deficits.S

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F3117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

F31 SupplementaryS

F3118 Annual reports on construction or maintenance work.S

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F3119 Application to joint commitees.S

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F31 SanctionsS

F3119A Notice for purpose of getting information.S

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F3119B Power to give directions.S

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F31GeneralS

F3120 Interpretation of Part III.S

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F3121 Exemption of small direct labour organisations from requirements of Part III.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3122 Consequential repeal or amendment of local statutory provisions.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3123 Part III—supplementaryS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IVE+W+S Local Government Allowances

24 Right of councillor to opt for financial loss allowance. E+W

(1)In section 173 of the M5Local Government Act 1972 (attendance allowance and financial loss allowance) at the end of subsection (1) (right of member of local authority who is a councillor to receive attendance allowance) there shall be added the words “unless a notice under section 173A below is effective in relation to him".

(2)The following section shall be inserted after that section:—

“173A Right to opt for financial loss allowance.

(1)If a councillor gives notice in writing to the local authority of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled.

(2)A notice under this section is referred to in this section as a “financial loss allowance notice".

(3)If a councillor gives a financial loss allowance notice to the local authority not later than the end of the period of four weeks from his election as a member of the authority, he shall be enititled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after giving of the notice.

(4)If a councillor who has not given the local authority a financial loss allowance ntoice in accordance with subsection (3) above gives them such a notice not less than three months before the beginning of a financial year, he shall be entitled to receive financial loss allowance for the perofrmance of any approved duty performed not earlier than the beginning of that financial year.

(5)A financial loss allowance notice shall continue to have effect until the councillor ceases to be a member of the local authority or until a notice under subsection (6) below takes effect, whichever occurs first.

(6)If not less than three months before the beginning of a financial year a councillor who has given the local authority of which he is a member a financial loss allowance notice gives them notice in writing that he withdraws that notice, he shall be entitled to receive payments by way of attendance allowance, instead of financial loss allowance, for the performance of any approved duty after the beginning of the financial year following the giving of the notice.”

(3)This section does not extend to Scotland.

Modifications etc. (not altering text)

C7The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

25 Amendments relating to allowances to members of local authorities and other bodies.E+W+S

(1)In subsection (1) of section 174 of the M6Local Government Act 1972 (by virtue of which travelling and subsistence allowances are payable to members of local authorities and other bodies but the Secretary of State has power to specify maximum rates in the case of travel for the purpose of an approved duty within the United Kingdom) and in subsection (1) of section 46 of the M7 Local Government (Scotland) Act 1973 (which makes similar provision for Scotland) after the word “travel" there shall be inserted the words “or subsistence".

(2)Subsection (3) of the said section 174 (by virtue of which subsistence allowance is not payable to a member of a body except inrespect of a duty performed at a distance of more than three miles from his usual place of residence) and subsection (2) of the said section 46 (which makes similar provision for Scotland) shall cease to have effect.

(3)The following subsections shall be inserted after section 175(3) of the said Act of 1972—

“(3A)In relation to a water authority this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the persons for whom they provide their services or any of those persons.

(3B)In relation to any such body as is mentioned in section 177(1)(d) or (e) below this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—

(a)to the functions of the body; or

(b)to any functions of local authorities in which the body has an interest.”.

(4)

F32(5)The following subsection shall be inserted after section 47(3) of the said Act of 1973:—

“(3A)In relation to any such body as is mentioned in section 49(1)(c) or (d) below this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—

(a)to the functions of the body; or

(b)to any functions of local authorities in which the body has an interest.”.

Textual Amendments

Modifications etc. (not altering text)

C8The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

26 Introduction of special responsibility allowances for members of local authorities.E+W+S

F33(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 50 of that Act (regulations as to allowances)—

(a)after the word “48" there shall be inserted the words “ and 49A ”;

(b)in subsection (2), for the words “or 49" there shall be substituted the words “ 49 or 49A ”.

Textual Amendments

Modifications etc. (not altering text)

C9The text of s. 26(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

27 Vice-chairmen of councils in Scotland and application of Part IV to Scotland. E+W+S

(1)The following section shall be inserted after section 3 of the M8Local Government (Scotland) Act 1973:—

“3A Vice-chairman.

(1)A council may appoint a member of the council to be vice-chairman of the council.

(2)The vice-chairman shall hold office until the expiry of the term of office of the council.

(3)A person holding the office of vice-chairman shall be eligible for re-election as vice-chairman but shall cease to hold that office upon ceasing to be a councillor.

(4)Subject to any standing order made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(5)A council may pay the vice-chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable.”.

(2)Section 24 above does not extend to Scotland, and this section extends to Scotland only.

Modifications etc. (not altering text)

C10The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Part VE+W+S Rates

ValuationE+W

F3528. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

29 Ascertainment of rateable value of non-industrial buildings.E+W

(1)—(3)

F36(4)(5)F37

Textual Amendments

F3830. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Fish FarmsE+W+S

F3931. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

32 Rating exemption for fish farms in Scotland. S

After section 7 of the M9Valuation and Rating (Scotland) Act 1956 there shall be inserted—

“7A Provisions relating to lands and heritages used for fish farming and dwelling houses occupied in connection therewith.

(1)For the purposes of any valuation roll in force for the year 1981–82 or any subsequent year or for the making up of any valuation roll for any subsequent year the following provisions of this section shall have effect regarding lands and heritages to which this section applies and dwelling-houses occupied in connection therewith.

(2)This section applies to—

(a)lands and heritages (other than dwelling-houses) used solely for or in connection with fish farming; and

(b)lands and heritages consisting of—

(i)one or more buildings (other than dwelling-houses) used solely for or in connection with fish farming; or

(ii)any land occupied together with and used solely for or in connection with the use of such building or buildings.

(3)No lands and heritages to which this section applies shall be entered in the valuation roll, and any reference in any enactment to the person appearing from the valuation roll to be the owner or the occupier of any lands and heritages shall on the first day after the first day of April nineteen hundred and eighty-one, have effect in the case of lands and heritages to which this section applies as if the reference to the valuation roll were omitted.

(4)Subsections (5) to (8) of section 7 of this Act shall have effect in relation to the gross annual value of any dwelling-house which—

(a)is occupied in connection with lands and heritages to which this section applies; and

(b)is used as the dwelling-house of a person engaged primarily in carrying on or directing fish farming operations on these lands and heritages or employed in connection with fish farming thereon; and

(c)is suitabnle in character and size for such use in connection with those lands and heritages

as they have in relation to the gross annual value of any dwelling-house referred to in subsection (4) of that section, and in that connection any reference in the said subsections (5) to (8) to agricultural lands and heritages shall be construed as a reference to lands and heritages to which this section applies.

(5)Where part of lands and heritages consists of one or more buildings or one or more parts of buildings (being a part of lands and heritages which is used for such a purpose that if it were in separate occupation it would be lands and heritages to which this section applies), then that part of lands and heritages and the remainder shall each be treated as respects the year 1981-82 and subsequent years for the purposes of the Valuation Act as if it were lands and heritages in separate occupation.

(6)In subsection (5) above, any reference too a building or part of a building shall be construed as including a reference to land occupied together and used solely in connection with the use of such building or part.

(7)In determining for the purposes of this section whether during any year a building used for or in connection with fish farming is solely so used, no account shall be taken of any time in that year during which it is used in any other way, if that time does not amount to a substantial part of that year.

(8)In this section—

“fish farming” means the breeding or rearing of fish or the cultivation of shall fish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for the transfer to other waters but does not include the breeding, rearing or cultivation of any fish or shellfish—

(a)

which are purely ornamental, or

(b)

which are bred, reared or cultivated for exhibition.”.

Modifications etc. (not altering text)

C11The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

F4033—40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Unused and unoccupied propertyE+W+S

F4141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F4242—44.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F4345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F4446. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

47 Commencement and extent of Part V.E+W

(1)—(3)

F45(4)The following provisions of this Act, namely—

(a)

F45(b)paragraphs 6(2) and (3) and 10 of Schedule 33 to this Act;

(c)

F46(d)

F45(5)The provisions of Schedule 33 to this Act which give the Secretary of State power by order to prescribe multipliers and which are specified in subsection (6)(a), (b) and (c) below shall not have effect until he exercises the power conferred by them.

(6)The provisions of Schedule 33 mentioned in subsection (5) above are—

(a)paragraph 4; and

(b)

F46(c)paragraph 14.

(7)Subject to the foregoing provisions of this section, this Part of this Act and the repeals contained in Part IX of Schedule 34 to this Act shall come into force on the day on which this Act is passed.

(8)Sections 32 and 46 above extend to Scotland only but, subject to that, this Part of this Act extends to England and Wales only.

Textual Amendments

F47Part VIE+W Rate Support Grant

Textual Amendments

F47Pt. 6 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

F47 Amendments relating to existing system of rate support grantsE+W

F4748 General power to reduce rate support grant.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4749 Reduction of resources element.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4750 Redution of needs element for authorities in Greater London.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4751 Supplementary grants for transport purposes.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4752 Separate provision for Wales.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 New system of rate support grantsE+W

F4753 Introduction of new system of rate support grants.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4754 The aggregate amount of rate support grants. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4755 The domestic rate relief grant.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4756 The block grant.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4757 Determination of grant-related poundage and grant-related expenditure.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4758 Principles for determination of grant-related poundage. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4759 Adjustments of distribution of block grant. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4760 The Rate Support Grant Report.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4761 Supplementary reports. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4762. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F4763 Adjustment of block grant in connection with education etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4763A Adjustment of block grant for rates equalisation contribution.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4764. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F4765 Information. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4766 Estimates and calculations. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4767 Changes in rateable value. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4768 Rate support grant– supplementary.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIIE+W+S Miscellaneous Grants

Grants in respect of rate rebates for disabledE+W+S

69 Grants in respect of rebates under the Rating (Disabled Persons) Act 1978.E+W+S

(1)For the year beginning with 1st April 1979 and each subsequent year the Secretary of State shall pay out of money provided by Parliament to any authority granting rebates under the M10Rating (Disabled Persons) Act 1978 in that year a grant equal to 90 per cent. of the aggregate amount of the rebates so granted, excluding any additional amount granted by virtue of. . . F48 section 4(7) of that Act. . . F48.

[F49(1A)Subject to subsection (1B) below, no grant shall be paid to any authority in respect of any rebates granted by that authority on or after 1st April 1995.

(1B)A grant shall be payable to any authority granting rebates under the said Act of 1978 in respect of non-domestic water and sewerage rates for the year beginning with 1st April 1995.]

(2)Payments of grant under this section shall be made at such times as the Secretary of State may with the consent of the Treasury determine.

[F49(2A)Subsections (1A) and (1B) above extend to Scotland only.]

F50(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48Words repealed (E.W.) by S.I. 1990/776, art. 3(1), Sch. 1

F49S. 69(1A)(1B)(2A) inserted (S.) (1.4.1995) by 1994 c. 39, s. 158(a)(b); S.I. 1994/3150, art. 4(a), Sch. 1

Modifications etc. (not altering text)

C12The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Grants for caravan sitesE+W+S

[F5170 Grants in respect of caravan sites for gipsiesE+W+S

(1)This section applies to expenditure of a capital nature incurred by any local authority under section 24 of the M11Caravan Sites and Cintrol of Development Act 1960 (provision of caravan sites by local authorities) in respect of caravan sites provided for the accommodation of [F52gipsies]][F52persons to whom subsection (8A) of that section applies]

(2)The Secretary of State may, with the approval of the Treasury, make out money provided by Parliament grants in respect of expenditure which, in his opinion, is expenditure to which this section applies.

(3)Any grants under this section shall be made on such terms and conditions (if any) as the Secretary of State may, with the approval of the Treasury, determine.

(4)In this section—

  • “caravan” has the meaning assigned to it by the M12Caravan Sites and Control of Development Act 1960 [F53; and

  • “gipsy” has the meaning assigned to it by the M13Caravan Sites Act 1968.]

Textual Amendments

F51S. 70 repealed (E.W.) (3.11.1994) by 1994 c. 33, ss. 80(5), 172(4) (with s. 80(5))

F52Words from “persons" to “applies" substituted (S.) for “gipsies" by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 66(1), Sch. 3 para. 41(a)

F53Definition of “gipsy" and the word “and"immediately preceding it repealed (S.) by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 66(1), Sch. 3 para. 41(b), Sch. 4 Pt. I

Modifications etc. (not altering text)

C13S. 70 amended (28.11.1994) by S.I. 1994/2825, reg. 54

Marginal Citations

M111960 c. 62 (46:3).

M121960 c. 62 (46:3).

M131968 c. 52 (46:3).

Part VIIIE+W Capital Expenditure of Local Authorities Etc.

F5471—80B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F5581. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F5682—85.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Part IXE+W+S Town and Country Planning

Allocation of planning functionsE+W

86 Distribution of planning functions between planning authorities.E+W

F57(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

F59(8)Subject to subsection (10) below, the provisions to which this subsection applies shall come into operation on the commencement date.

(9)The provisions to which subsection (8) above applies are—

(a)the general transfer provisions;

(b)

F60(c)paragraph 4 of Schedule 15 below.

(10)A development order required to be made for the purposes of any of the provisions to which subsection (8) above applies may be made before the commencement date.

(11)In this section—

  • “the commencement date” means the date on which there expires the period of two months beginning with the day on which this Act is passed;

  • “the general transfer provisions” means—

(a)subsections (1) to (4) above; and

(b)paragraphs 12, 13, 15, 16 and 20 of Schedule 15 below;

F61“transferred matter” means a matter which before the commencement date is a county matter, as defined in paragraph 32 of Schedule 16 to the M14Local Government Act 1972, but which ceases to be a county matter in consequence of the provisions of this Part of this Act.

Textual Amendments

Marginal Citations

Planning feesE+W+S

F6287. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F62S. 87 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F6388. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F6489. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F6590. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Compulsory acquisitionE+W

91 Amendments relating to compulsory acquisition.E+W

[F66(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)Where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act, sections 112 and 119 of the M15Town and Country Planning Act 1971 shall apply as they applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

Textual Amendments

Marginal Citations

Amendments of Town and Country Planning (Scotland) Act 1972S

92 Town and Country Planning – Scotland.S

F67(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)F68. . ., This Part of this Act does not extend to Scotland.

Textual Amendments

F67S. 92(1)-(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F68Words in s. 92(9) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Part XE+W Land Held by Public Bodies

Modifications etc. (not altering text)

C14Pt. X (ss. 93-100): power to apply conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (d)(ii); S.I. 1997/1930, art. 3

93 Public bodies to whom Part X applies.E+W

(1)This Part if this Act applies to any body for the time being specified in Schedule 16 to this Act.

(2)The Secretary of State may by order made by statutory instrument amend Schedule 16 to this Act—

(a)by adding an entry naming a public body not for the time being specified in Schedule 16;

(b)by amending or delting any entry for the time being contained in the Schedule.

(3)A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Before making an order under subsection (2) above, the Secretary of State shall send written notification that he proposes to make the order to any body to whom this Part of this Act would apply by virtue of the order.

(5)Any body specified in a notification under subsection (4) above may make representations to the Secretary of State within a period of 42 days from the date of the notification.

(6)Where the Secretary of State has sent a notification under subsection (4) above to a body, he may not make the order to which the notification relates until the expiration of the period specified in subsection (5) above.

94 Areas in which Part X is to operate.E+W

(1)This Part of this Act shall come into operation in accordance with subsection (2) below.

(2)The Secretary of State may by order made by statutory instrument direct that this Part of this Act shall come into operation in the area of any district council or London borough council specified in the order.

(3)A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)The City of London shall be treated for the purposes of this section as if it were a London borough and as if the Common Council were the council of that borough.

Modifications etc. (not altering text)

C15Power of appointment conferred by s. 94(2) fully exercised as regards England by S.I. 1981/194, 1251, 1618 and fully exercised as regards Wales by S.I. 1983/94 and S.I. 1984/1493

95 Registration of land holdings.E+W

(1)The Secretary of State may compile and maintain a register, in such form as he may think fit, of land which satisfies the conditions specified in subsection (2) below.

(2)The conditions mentioned in subsection (1) above are—

(a)that a freehold or leasehold interest in the land is owned by a body to which this Part of this Act applies or a subsidiary of such a body;

(b)that it is situated in an area in relation to which this Part of this Act is in operation or is not so situated but adjoins other land which is so situated and in which a freehold or leasehold interest is owned by a body to which this Part of this Act applies or a subsidiary of such a body; and

(c)that in the opinion of the Secretary of State the land is not being used or not being sufficiently used for the purposes of performance of the body’s functions or of carrying on their undertaking.

(3)The Secretary of State may enter on the register any such land satisfying the conditions specified in subsection (2) above as he may think fit.

(4)The Secretary of State may also enter on the register any Crown land situated in an area in relation to which this Part of this Act is on operation or not so situated but adjoining other Crown land which is so situated.

(5)The information to beincluded in the register in relation to any land entered on it shall be as the Secretary of State thinks fit.

(6)In this section “Crown land” means land belonging to a goverment department or to a body who perform their functions on behalf of the Crown or held on trust for Her Majesty for the purposes of a government department; and in this subsection “government department” includes any Minister of the Crown.

96 Public access to information.E+W

(1)The Secretary of State shall send to a council in respect of whose area a register is maintained under section 95 above—

(a)a copy of that register; and

(b)such amendments to it as he may from time to time consider appropriate.

(2)It shall be the duty of a council to whom amendments to a register are sent under subsection (1)(b) above to incorporate the amendments in their copy of the register,

(3)A copy of the register sent to a council under this section shall be available at the council’s principal office for inspection by any member of the public at all reasonable hours.

(4)If any member of the public requires a council to supply him with a copy of the information contained in such a copy of a register, the council shall supply him with a copy of that information on payment of such reasonable charge for making it as the council may determine.

[F6996A Information about entries.E+W

(1)Where land is entered on a register under section 95(3) above, the Secretary of State shall as soon as is reasonably practicable after entering the land send a copy of the information included in the register in relation to the land to any body to whom this Part of this Act applies, if it appears from the register that the body or a subsidiary of the body owns a freehold or leasehold interest in the land.

(2)Where land is entered on a register under section 95(3) above and the Secretary of State amends the information included in the register in relation the land, he shall soon as is reasonably practicable after amending the information send a copy of the amended information to any body to whom this Part of this Act applies, if it appears from the register that the body or a subsidiary of the body owns a freehold or leasehold interest in the land.

(3)The fact that the Secretary of State must send anything to a council under section 96 above does not displace any duty of his to send anything to the council under subsection (1) or (2) above.

(4)Subsection (5) below applies where a copy sent under subsection (1) or (2) above has been received by a body.

(5)If at any time the body becomes aware that any information in the only or the latest copy received by them is or has become inaccurate, they shall as soon as is reasonably practicable after becoming so aware inform the Secretary of State that theinformation is inaccurate and give him (so far as they are able) the corrected information.

(6)Subsection (5) above does not apply if, when the body becomes so aware, the land concerned is no longer entered on a register under section 95(3) above.]

Textual Amendments

Modifications etc. (not altering text)

[F7097 Secretary of State’s power to require information.E+W

(1)The Secretary of State may direct a body to whom this Part of this Act applies to inform him whether the body or a subsidiary of the bosy holds a freehold or leasehold interest in land which is specified or is of a description specified, in the direction.

(2)A body need only to comply with a direction under subsection (1) above as regards land which is situated in an area in relation to which this Part of this Act is in operation.

(3)Where a body to whom this Part of this Act applies or a subsidiary of such a body holds a freehold or leasehold interest in land situated in an area in relation to which this Part of this Act is in operation, the Secretary of State may direct the body to whom this Part of this Act applies to give him such information about the land as he may specify.]

Textual Amendments

98 Disposal of land at direction of Secretary of State.E+W

(1)The Secretary of State may direct a body to whom this Part of the is Act for the time being applies—

(a)to take steps for the disposal of the interest held by them in any land which [F71for the time being satisfies the conditions specified in section 95(2) above] or any lesser interest in such land; or

(b)to ensure that a subsidiary of theirs takes steps for the disposal of the interest held by the subsidiary in any land which [F72for the time being satisfies those conditions] or any lesser interest in such land,

being, in either case, steps which it is necessary to take to dispose of the interest and which it is in their power to take.

(2)A direction under this section may specify the steps to be taken for the disposal of an interest in land and the terms and conditions on which an offer to dispose of it is to made.

[F73(2A)A direction under this section may include provision that no disposal of an interest to which the direction relates shall, while the direction remains unrevoked, be made in favour of a person or body who—

(a)is specified, or is of a description specified, in the direction, and

(b)is at the date the disposal is proposed to be made associated with the body to whom the direction is given.]

(3)A direction under this section may be varied or revoked by a further direction.

(4)The power to give directions conferred by this section is in addition to and not in derogation from any such power to the grant of an interest in land.

(5)In this section and section 99 below references to the disposal of an interest in land include references to the grant of an interest in land.

[F74(6)In subsection (2A) above references to a disposal of interest include references to a contract to disposa of an interest, and references to making a disposal include references to entering into such a contract.

(7)For the purposes of subsection (2A) above a person is associated with a body if (but only if)—

(a)he is a member of the body or of a subsidiary of the body, or

(b)he is a nominee of the body or of a subsidiary of the body.

(8)For the purposes of subsection (2A) above a body is associated with another body if (but only if)—

(a)the other body, or a subsidiary of the other body, is a member of it,

(b)any of its members is also a member of the otherbody or of a subsidiary of the other body, or

(c)any of its members is a nominee of the other body or of a subsidiary of the other body

(9)Notwithstanding section 100(1) below, in subsections (7) and (8) above “subsidiary” has trhe same meaning as in section 736(1) of the M16Companies Act 1985.]

Textual Amendments

F71Words in s. 98(1)(a) substituted (11.10.1993) by 1993 c. 28, s. 176(1)(a); S.I. 1993/2134, art.4

F72Words in s. 98(1)(b) substituted (11.10.1993) by 1993 c. 28, s. 176(1)(b); S.I. 1993/2134, art. 4

Modifications etc. (not altering text)

Marginal Citations

99 Directions to dispose of land– supplementary.E+W

(1)Before giving a direction to a body under section 98 above, the Secretary of State shall give them notice of his proposal to give the direction and ot its proposed contents.

(2)A body who receives a notice under subsection (1) above may make representations to the Secretary of State as to why the proposed direction should not be given or as to its proposed contents.

(3)If the body do not make such representations within a period of 42 days from the date of the notice or within such longer period as the Secretary of State may in any particular case allow, the Secretary of State may give the direction as proposed.

(4)If—

(a)a county council;

[F75(aa)a county borough council;]

(b)a district council;

(c)

F76(d)a London borough council or the Common Council of the City of London;

[F77(da)

F78(db)a joint authority established by Part IV of the Local Government Act 1985;]

[F79(dbb)the London Fire and Emergency Planning Authority;]

[F80(dc)a police authority established under [F81section 3 of the Police Act 1996];]

[F82(dcc)the Metropolitan Police Authority;]

(dd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the Commission for the New Towns, a development corporation established under the [F83M17New Towns Act 1981] or an urban development corporation established under this Act; or

(f)any authority, body or undertakers in relation to whom the Secretary of State is the appropriate Minister,

have made representations under subsection (2) above, the Secretary of State may not give a direction unless he is satisfied that the interest to which the direction would relate can be disposed of in the manner in which and on the terms and conditions on which he proposes that it shall be disposed of without serious detriment to the performance of their functions or the carrying out of their undertaking.

(5)If any other body to whom this Part of this Act applies have made such representations, the Secretary of State may not give a direction unless the appropriate Minister certifies that the interest to which the direction would relate can be disposed of in the manner in which and on the terms and conditions on which he proposes that it shall be disposed of without serious detriment to the performance of their functions of the carrying on of their undertaking.

[F84(5A)The Secretary of State need not give notice under subsection (1) above as regards a further direction revoking a previous direction given under section 98 above;

(5B)The Secretary of State need not give notice under subsection (1) as regards a further direction varying a previous direction given under section 98 above if—

(a)the variation consists only of one which omits part of the land to which the previous direction relates, or

(b)the variation is stated in the further direction to consist only of one which is made to take account of a representation of the body to whom the previous direction was given.

(5C)The contents of a direction under section 98 above may differ from its proposed contents contained in a notice given under subsection (1) above if—

(a)the difference consists only of a variation which omits part of the land referred to in the proposed contents, or

(b)the difference is stated in the direction to consist only of a variation which is made to take account of a representation of the body to whom the notice was given;

and the words “as proposed" in subsection (3) above shall have effect accordingly.

(5D)The Secretary of State may by order made by statutory instrument substitute a period specified in the order for the period of 42 days specified in subsection (3) above or for such other period as is for the time being in specified in that subsection by virtue of an order under this subsection.

(5E)No order under subsection (5D) above may substitute a period as regards a notice given before the coming into force of the order.]

(6)In this section “the appropriate Minister”—

(a)in relation to any body whoo are statutory undertakers for the purposes of any provision of Part XI of [F85the Town and Country Planning Act 1990], shall have the same meaning as in that Part of that Act, and

(b)in relation to any other body, shall have the meaning given by an order under this [F86subsection] section made by statutory instrument by the Secretary of State with the concurrence of the Treasury.

(7)A statutory instrument containing an order under subsection [F87(5D) or] (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F80S. 99(4)(dc) inserted (1.10.1994 for certain purposes and 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 21; S.I. 1994/2025, art. 6(1)(2)(6); S.I. 1994/3262, art. 4, Sch.

F81Words in s. 99(4)(dc) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(p)

F86Word substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 31(2), SSch. 5 para. 5(3)

Modifications etc. (not altering text)

C20S. 99(4)(db) amended by S.I. 1985/1884, art 10, Sch. 3 para. 4(5)

C21 “Appropriate Minister" explained S.I. 1981/15

Marginal Citations

M171981 c. 64. (123:3).

[F8899A Power of entry.E+W

(1)A person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of helping the Secretary of State to decide whether to give a direction under section 98 above in relation to the land.

F89(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person may not enter land under this section unless at least 21 clear days’ notice in writing of the intended entry hasbeen givem to every person who is an owner or occupier.

(4)In this section “owner”, in relation to any land, means a person, other than a mortagagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding, or entitled to the rents and profits of, the land under a lease or agreement.]

Textual Amendments

100 Interpretation and extent of Part X.E+W

(1)In this Part of this Act—

  • “subsidiary”, in relation to a body to whom this Part of this Act applies, means a wholly-owned subsidiary of that body; and

  • “wholly-owned subsidiary” [F90as defined by section 736][F91of the M18Companies Act 1985].

(2)This Part of this Act extends to England and Wales only.

Textual Amendments

Marginal Citations

Part XIU.K. Community Land Act

101 Repeal.U.K.

(1)The M19Community Land Act 1975 shall cease to have effect in accordance with Schedule 17 below.

(2)This section and Schedule 17 below shall not extend to Northern Ireland (except so far as they repeal any enactment so extending).

Marginal Citations

Part XIIE+W+N.I. The Land Authority for Wales

Modifications etc. (not altering text)

C22Pt. XII (ss. 102-111) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxviii); S.I. 1996/218, art. 2

The AuthorityE+W

F92102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

FunctionsE+W

F93103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Acquisition of landE+W

F94104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F95105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

MiscellaneousE+W

F96106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F97107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F98108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F99109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F100110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

Textual Amendments

F101111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Part XIIIE+W+S Land Compensation

112 Claims for compensation for depreciation. E+W+S

(1)Part I of the Act of 1973 and Part I of the Scottish Act of 1973 shall be amended as follows.

(2)In section 3(2) of each Act (no claim under Part I shall be made otherwise than in the claim period, that is to say, the period of two years beginning on the expiration of twelve months from the relevant date) for the words from “otherwise than" onwards there shall be substituted the words “ before the expiration of twelve months from the relevant date; and the day next following the expiration of the said twelve months is in this Part of this Act referred to as “the first claim day". ”.

(3)In section 1(1)(b) of each Act for the words “within the time limited" there shall be substituted the words “ after the time provided ”.

(4)In sections 3(3), 4(1) and (2), 12(4) and (5), 16(2) and 18(1) of the Act of 1973 and sections 3(3), 4(1) and 92) and 16 of the Scottish Act of 1973 for the words “the beginning of the claim period" or “the first day of the claim period" wherever they occur, there shall be substituted the words “ the first claim day ” and in section 16(2) of the Act of 1973 and section 14(2) of the Scottish Act of 1973 for the words “the beginning of that period" there shall be substituted the words “ that day ”.

(5)In section 19(1) of the Act of 1973 and section 17(1) of the Scottish Act of 1973 the definition of “the claim period" shall be omitted and immediately before the definition of “highway" there shall be inserted he following definition—

““the first claim day” has the meaning given in section 3(2) above;”.

(6)After section 19(2) of the Act of 1973 there shall be inserted the following subsection—

“(2A)For the purposes of the Limitation Act 1939, a person’s right of action to recover compensation under this Part of this Act shall be deemed to have accrued on the first claim day.”.

(7)After section 17(2) of the Scottish Act of 1973 there shall be inserted the following subsection—

“(2A)Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make compensation under this Part of this Act, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the first claim day.”.

(8)In section 19(3) of the Act 1973 and section 17(3) of the Scottish Act of 1973 the words from “but, if it does" onwards shall be omitted.

(9)Part I of each Act shall have effect without amendments made by the preceding provisions of this section in cases where the relevant date was more than three years before the passing of this Act.

Modifications etc. (not altering text)

C26The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

113 Claims for compensation for depreciation which are out of time on commencement date.E+W+S

(1)This section applies to any claim which is made under Part I of the Land Compensation Act on or after the commencement date where—

(a)the claim period for the claim has expired, or an event before which the claim should have been made has occurred, before that date; and

(b)the public works to which the claim relates are a highway in respect of which the Minister or, in England, the Secretary of State was the appropriate highway authority; and

(c)the Minister is satisfied that the publicity given to the right to claim compensation in respect of those works and to the period within which and the events before which claims should be made was not such as to make potential claimants sufficiently aware of those matters.

(2)Where the claim period for a claim to which this section applies has expired before the commencement date, the Minister shall direct that Part I of the Land Compensation Act shall have effect—

(a)as if the claim had been made on the first day of the last twelve months of that period; and

(b)where the claimant’s qualifying interest was acquired as mentioned in section 11 of the Land Compensation Act (interests acquired by inheritance) on or after that day, as if it had been so acquired before that day.

(3)Where the person who makes a claim to which this section applies has on or after 23rd June 1973 and before the commencement date—

(a)disposed of the qualifying interest in respect of which the claim is made; or

(b)in the case of a qualifying interest in land which is not a dwelling, granted a tenancy of the land so that the interest remaining to him is not a qualifying interest; or

(c)in the case of a qualifying interest which is a qualifying tenancy within the meaning of section 12 of the Act of 1973, disposed of the freehold or extended lease acquired by him under Part I of the M20Leasehold Reform Act 1967,

the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on the day before the disposal or, as the case may be, the granting of the tenancy.

(4)Where the person who makes a claim to which this section applies has on or after 17th October 1972 and before 23rd June 1973—

(a)disposed of the qualifying interest in respect of which the claim is made; or

(b)in the case of a qualifying interest in land which is not a dwelling, granted a tenancy of the land so that the interest remaining to him is not a qualifying interest,

the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on 23rd December 1973.

(5)Where the qualifying interest in respect of which a claim to which this section applies is made is a tenancy granted or extended for a term of years certain or, in Scotland, for a period of which—

(a)three years or more remained unexpired on the first day of the claim period or, as the case may be, the first claim day; and

(b)less than three years remains unexpired on the commencement date,

the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on the day on which three years of that term or period remained unexpired.

(6)In the case of a claim to which both subsection (2) and subsection (3) or subsection (5) above apply, the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on whichever of the days mentioned in those two subsections is the earlier.

(7)Any notice of a claim to which subsection (3), (4) or (5) above applies shall specify, in addition to the matters mentioned in section 3 of the Land Compensation Act, the date of the disposal, the date of the granting of the tenancy or, as the case may be, the date on which three years of the term or period remained unexpired.

(8)Section 8(1) of the Land Compensation Act (compensation payable once only in respect of the same works and the same land) shall have effect in relation to any claim to which this section applies as if any ex gratia payment made by the Minister or, as the case may be, the Secretary of State in respect of a claim which—

(a)was made before the commencement date in relation to the same works and the same land; and

(b)was disallowed on the ground that the claim period for the claim had expired, or an event before which the claim should have been made had occurred, before the day on which the claim was made,

had been a payment of compensation on that claim.

(9)Where compensation is payable on a claim to which this section applies, the compensation shall not carry interest under section 18(1) of the Act of 1973 or, as the case may be, section 16 of the Scottish Act of 1973 for the period beginning with the commencement date and ending with the date on which the claim is made unless either that period is a period of not more than six months or—

(a)the claimant had made a similar claim before the commencement date; and

(b)that claim was disallowed on the ground that the claim period for the claim had expired, or an event before which the claim should have been made had occurred, before the day on which the claim was made.

(10)For the purposes of the M21Limitation Act 1939, a person’s right of action to recover compensation under Part I of the Act of 1973 on a claim to which this section applies shall be deemed to have accrued on the commencement date, and not, in any case to which section 19(2A) of the Act of 1973 applies, the first claim day.

(11)Section 6 of the M22Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make compensation under Part I of the Scottish Act of 1973 arising on a claim to which this section applies, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the commencement date, and not, in any case to which section 17(2A) of the said Scottish Act of 1973 applies, the first claim day.

(12)In this section—

  • “commencement date” means the date of the passing of this Act;

  • “the Minister” means the Minister of Transport in relation to England and the Secretary of State in relation toScotland and Wales.

(13)This section—

(a)in its application to England and Wales, shall be construed as one with Part I of the Act of 1973; and

(b)in its application to Scotland, shall be construed as one with Part I of the Scottish Act of 1973.

Marginal Citations

114 Claims for home loss payments. E+W+S

(1)Section 32 of the Act of 1973 and section 29 of the Scottish Act of 1973 (home loss payments) shall be amended as follows.

F102(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (4) of each section for the words from the beginning to “expiration of that period" there shall be substituted the words “ Where a person (“the deceased") entitled to a home loss payment dies without haviing claimed it, a claim to the payment may be made ”.

(4)After subsection (7) of the said section 32 there shall be inserted the following subsection—

“(7A)For the purposes of the Limitation Act 1939 a person’s right of action to recover a home loss payment shall be deemed to have accrued on the date of the displacement.”.

(5)After subsection (7) of the said section 29 there shall be inserted the following subsection—

“(7A)Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make a home loss payment, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the date of the displacement.”.

(6)Each section shall have effect without the amendments made by the preceding provisions of this section in cases where the date of displacement was more than six months before the passing of this Act.

Textual Amendments

Modifications etc. (not altering text)

C27The text of s. 114 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

115 Interpretation of Part XIII.E+W+S

In this Part of this Act—

  • “the Act of 1973” means the M23Land Compensation Act 1973;

  • “the Scottish Act of 1973” means the M24Land Compensation (Scotland) Act 1973;

  • “the Land Compensation Act” means the Act of 1973 in relation to England and Wales and the Scottish Act of 1973 in relation to Scotland.

Marginal Citations

M231973 c. 26 (28:1).

M241973 c. 56 (28:2).

Part XIVU.K. Land—Miscellaneous

Development landE+W+S

116 Assessment of development land.E+W+S

(1)If the Secretary of State directs an authority to do so, it shall make an assessment of land which is in its area and which is in its opinion available and suitable for development for residential purposes.

(2)In connection with any assessment under subsection (1) above, the authority shall comply with such directions as the Secretary of State may give.

(3)In particular, he may give directions about any consultations to be made prior to the assessment (whether with other authorities or with builders or developers or other persons), about the way any consultation is to be made, and about producing reports of assessments and making copies of the reports available to the public, and directions that an authority is to make the assessment alone or jointly with another authority or authorities.

(4)The following are authorities for the purposes of this section, namely—

(a)(in the application of the section to England F103. . .) the councils of counties, districts and London boroughs F104

[F105(aa)(in the application of the section to Wales) the councils of counties and county boroughs;]

(b)(in the application of the section to Scotland) regional, general and district planning authorities.

Textual Amendments

F106117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Miscellaneous provisions about landU.K.

118 Land miscellaneous amendments. E+W+S

Schedule 23 to this Act (which contains miscellaneous amendments about land, including amendments to relax controls) shall have effect.

Modifications etc. (not altering text)

C28The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F107119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

120 Compulsory acquisition: exclusion of special parliamentary procedure. E+W+S

(1)The [F108Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947] shall apply to any compulsory acquisition of an interest in land where—

(a)the notice of the making or preparation in draft of a compulsory purchase order is first duly published on or after [F1096th April 1976 (or, in the application of this section to Scotland,] 1st September 1976), and

(b)the person acquiring the interest is a [F108regional, islands or district council], [F109the Peak Park Joint or Lake District Special Planning Board,] any statutory undertakers [F110, the Scottish Ministers] or a Minister,

subject to the modifications made by this section.

(2)Paragraph 9 of Schedule 1 to [F109the Act of 1946 or, as the case may be] the Scottish Act of 1947 (special parliamentary procedure for acquisitions from local authorities, statutory undertakers and National Trust) shall not apply to the acquisition except where the interest belongs to [F109the National Trust or] the National Trust for Scotland.

(3)[F109In this section—

  • “the Acquisition of Land Acts” means the M25Acquisition of Land (Authorisation Procedure) Act 1946 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and “the Act of 1946” and “the Scottish Act of 1947” mean those Acts respectively;

  • “local authority” means—

(a)in relation to England, the council of a county or district, the council of a London borough, the Common Council of the City of London and the Greater London Council,

(b)in relation to Wales, the council of a county or district,

(c)in relation to Scotland, a [F111council constituted under section 2 of the Local Government etc. (Scotland) Act 1994],

and this section applies to the Isles of Scilly, as if the Council of those Isles were the council of a county;]

  • “statutory undertakers” means—

(a)persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of F112, F113 hydraulic power or water,

(b). . . F114, the Civil Aviation Authority, F115. . ., [F116a universal service provider (within the meaning of the Postal Services Act 2000) in connection with the provision of a universal postal service (within the meaning of that Act)] and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for the purposes of [F109the M26Town and Country Planning Act 1971 or [F117the Town and Country Planning (Scotland) Act 1997], and]

(c)any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

(4)An order under paragraph (c) of the definition of “statutory undertakers” in subsection (3) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)This section (which re-enacts section 41 of the M27Community Land Act 1975 with modifications) shall be taken to have come into force on 12 November 1975 but (in relation to the period before the passing of this Act) shall have effect as if the persons mentioned in subsection (1)(b) above included a new town authority (that is, a development corporation as defined [F109in section 2 of the New Towns Act 1965, or] in section 2 of the M28New Towns (Scotland) Act 1968) and a joint board established under section 2 of the M29Community Land Act 1975, and as if “local authority” meant (in relation to Scotland) a regional, general or district planning authority within the meaning of Part IX of the M30Local Government (Scotland) Act 1973.

Textual Amendments

F110Words in s. 120(1)(b) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 67 (with art. 5)

F111S. 120(3): words in para.(c) in definition of

“local authority”

substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(5); S.I. 1996/323, art. 4(1)(c)

F115S. 120(3): words in para. (b) in definition of

“statutory undertakers”

repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 25(1), Sch. 11 Pt. II; S.I. 1994/2553, art. 2

F116S. 120(3)(b): words in definition of

“statutory undertakers”

substituted (26.3.2001) by S.I. 2001/1149, art. art. 3(1), Sch. 1 para. 48(2)

F117S. 120(3): words in para. (b) in definition of

“statutory undertakers”

substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(2)

Modifications etc. (not altering text)

C31S. 120(1)(b) extended (1.4.1996) by 1994 c. 39, s. 99(2); S.I. 1996/323, art. 4(1)(a), Sch. 1

S. 120(1)(b) extended (S.) (1.4.2002) by 2002 asp 3, s. 47(3)(5) (subject to s. 67(4)); S.S.I. 2002/118, art. 2 (subject to art. 3)

Marginal Citations

M251946 c. 49 (28:1).

M261971 c . 78 (123:1).

M281968 c. 16 (123:4).

M301973 c. 65 (81:2).

121 Certification of appropriate alternative development.E+W+S

(1)This section re-enacts section 47 of the Community Land Act 1975 and accordingly shall have effect only in relation to applications, and certificates issued in pursuance of applications, made after 12 December 1975.

(2)Section 17 of the M31Land Compensation Act 1961 and section 25 of the M32Land Compensation (Scotland) Act 1963) (certification of appropriate alternative development) shall each continue to be amended in accordance with subsections (2) to (5) of section 47 of the Community Land Act 1975 and, as amended by those subsections, section 49(3) of the said Act of 1963 and section 172(2) of the Local Government (Scotland) Act 1973, shall have effect as set out in Schedule 24 below.

Marginal Citations

M311961 c. 33 (28:1).

122 Acquisition and disposal of land by the Crown.E+W+S

(1)Where, in exercise of the power conferred by section 2 of the M33Commissioners of Works Act 1852, F118. . . (acquisition of land necessary for the public service) the Secretary of State has acquired, or proposes to acquire, any land (the “public service land") and in his opinion other land ought to be acquired together with the public service land—

(a)in the interests of the proper planning of the area concerned; or

(b)for the purpose of ensuring that the public service land can be used, or developed and used, (together with that other land) in what appears to the Secretary of State to be the best, or most economic, way; or

(c)where the public service land or any land acquired, or which the Secretary of State proposes to acquire, by virtue of paragraph (a) or (b) above, forms part of a common or open space or fuel or field garden allotment, for the purpose of being given in exchange therefor,

the said [F119section] 2, F118. . ., shall apply to that other land as if its acquisition were necessary for the public service.

In the application of this subsection to Scotland the words “or fuel or field garden allotment” shall be omitted.

(2)The said [F119section] 2, F120. . . shall be construed and have effect as if references to land necessary for the public service included land which it is proposed to use not only for the public service but also—

(a)to meet the interests of proper planning of the area, or

(b)to secure the best, or most economic, development or use of the land.

for other purposes.

(3)The said [F119section] 2, F120. . . shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a)of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become, a member;

(b)of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

(c)of a foreign sovereign Power or the Government of such a power;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

(4)Where the Secretary of State proposes to dispose of any of his land and is of the opinion that it is necessary, in order to facilitate that disposal, to acquire adjoining land, then, notwithstanding that the acquisition of that adjoining land is not necessary for the public service, the said section 2 shall apply as if it were necessary for the public service.

(5)Where the Secretary of State is authorised by the said section 2 to acquire land by agreement for a particular purpose, he may acquire that land notwithstanding that it is not immediately required for that purpose; and any land acquired by virtue of this subesection may, until required for the purpose for which it was acquired, be used for such purpose as the Secretary of State may determine.

(6)The Secretary of State may dispose of land held by him and acquired by him or any other Minister under the said [F119section] 2, F120. . .to such person, in such manner and subject to such conditions as may appear to the Secretary of State to be expedient, and in particular may under this subsection dispose of land held by him for any purpose in order to secure the use of the land for that purpose.

(7)Any expenditure of the Secretary of State attributable to this section shall be paid out of money provided by Parliament.

(8)This section (which re-enacts section 37 of the M34Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period before the passing of this Act, shall have effect as if for sub-section (3) there were substituted:—

(3)The said [F119section]2, F120. . . shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a)of any international organisation or institution of which the United Kingdom, or Her Majesty’s Government in the United Kingdom, is, or is to become, a member;

(b)of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

Textual Amendments

F118Words in s. 122(1) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F119Word in s. 122(1)(2)(3)(6)(8) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(3)

F120Words in s. 122(2)(3)(6)(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Marginal Citations

M331852 c. 28 (29:7).

123 Acquisition of land by the Crown in Northern Ireland.N.I.

(1)The provisions of the law of Northern Ireland mentioned below (acquisition of land necessary for the public service) shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a)of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become a member;

(b)of any office or agency established by such an organisation or institution for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

(c)of a foreign sovereign Power or the Government of such a Power;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

(2)The said provisions are section 5(1) of the M35Stormont Regulation and Government Property Act (Northern Ireland) 1933 and Article 65 of the M36Land Acquisition and Compensation (Northern Ireland) Order 1973.

(3)This section (which re-enacts section 38 of the Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period before the passing of this Act, shall have effect as if for subsection (1) there were substituted:—

(1)The provisions of the law of Northern Ireland mentioned below (acquisition of land necessary for the public service) shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a)of any international organisation or institution of which the United Kingdom, or Her Majesty’s Government in the United Kingdom, is, or is to become, a member;

(b)of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

(4)This section extends to Northern Ireland only.

Marginal Citations

M361973 No. 1896 (N.I. 21).

124 Town development functions.E+W

(1)Subject to subsections (2) and (3) below, the functions under the M37Town Development Act 1952 which the M38Local Government Act 1972 conferred on county councils shall cease to be exercisable by such councils.

(2)Nothing in this section shall affect—

(a)any undertaking under section 4 or 10(3) of the Town Development Act 1952; or

(b)any agreement under section 8 of that Act,

which a county council have given or made before the passing of this Act.

(3)The repeal of section 11 of the Town Development Act 1952 (modification of enactments consequential on participation by county council) shall not affect any orders under that section which are in force at the passing of this Act; and any such order may accordingly be varied or revoked under that section as if this Act had not been passed.

Marginal Citations

M371952 c. 54 (123:1).

M381972 c. 70. (81:1).

125 Extent of Part XIV.E+W

In this Part of this Act, only sections 116, 118, and 120 to 122 extend to Scotland.

Part XVE+W+S New Towns

Payments to Secretary of StateE+W+S

F121126—130.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

LicensingE+W+S

F122131 Off-licences: special provisions to cease.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F122132 Power to end special licensing provisions.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

MiscellaneousE+W+S

133 Interpretation, amendments and extent.E+W+S

(1)In this Part of this Act—

  • F123...

  • F123...

  • F124“the 1968 Act” means the M39New Towns (Scotland) Act 1968.

(2)The amendments to F125 the 1968 Act, the M40Land Compensation Act 1961 and the M41Land Compensation (Scotland) Act 1963 mentioned in Schedule 25 below shall have effect.

(3)

F126(4)This Part of this Act does not extend [F127to Scotland (apart from this section) or] to Northern Ireland.

Textual Amendments

F123Words in s. 133(1) repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 78 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Marginal Citations

M391968 c. 16 (123:4).

M401961 c. 33 (28:1).

M411963 c. 51 (28:2).

Part XVIU.K. Urban Development

Modifications etc. (not altering text)

C32Pt. 16 (ss. 134-172) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxviii); S.I. 1996/218, art. 2

Pt. 16 (ss. 134-172) applied (27.5.1997) by 1997 c. 8, ss. 116(3)(a), 278(2)

C36Pt. 16 amended by S.I. 1988/900, art. 2

C37Pt. 12 (ss. 102–111), Pt. 16 (ss. 134–172) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxxiv) (with s. 112(3), Sch. 17 paras. 33, 35(1))

Urban development areasE+W+S

134 Urban development areas.E+W+S

(1). . . F128 if the Secretary of State is of opinion that it is expedient in the national interest to do so, he may by order made by statutory instrument designate any area of land as an urban development area.

(2)

F129(3)Separate parcels of land may be designated as one urban development area.

[F130(3A)The Secretary of State may by order alter the boundaries of any urban development area so as to exclude any area of land.

(3B)Before making an order under subsection (3A) above, the Secretary of State shall consult any local authority the whole or any part of whose area is included in the area of land to be excluded by the order.]

(4)No order under [F131subsection (1) above] shall have effect until approved by a resolution of each House of Parliament.

[F132(5)The power to make an order under subsection (3A) above—

(a)shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and

(b)shall include power to make such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks fit.]

Textual Amendments

F130s. 134(3A)(3B) inserted (11.10.1993) by 1993 c. 28, s. 179(1); S.I. 1993/2134, art.4

F131Words in s. 134(4) substituted (11.10.1993) by 1993 c. 28, s. 179(2); S.I. 1993/2134, art.4

F132S. 134(5) inserted (11.10.1993) by 1993 c. 28, s. 179(3); S.I. 1993/2134, art.4

Urban development corporationsE+W+S

135 Urban development corporations.U.K.

(1)For the purposes of regenerating an urban development area, the Secretary of State shall by order made by statutory instrument establish a corporation (an urban development corporation) for the area.

(2)An order under this section may be made at the same time as an order under [F133section 134(1)] above.

(3)No order under this section shall have effect until approved by a resolution of each House of Parliament.

(4)An urban development corporation shall be a body corporate by such name as may be prescribed by the order establishing it.

(5)Schedule 26 below shall have effect with respect to urban development corporations.

(6)It is hereby declared that an urban development corporation is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that the corporation’s property is not to be regarded as the property of, or property held on behalf of, the Crown.

Textual Amendments

F133Words in s. 135(2) substituted (11.10.1993) by 1993 c. 28, s. 179(4); S.I. 1993/2134, art.4

136 Objects and general powers.E+W+S

(1)The object of an urban development corporation shall be to secure the regeneration of its area.

(2)The object is to be achieved in particular by the following means (or by such of them as seem to the corporation to be appropriate in the case of its area), namely, by bringing land and buildings into effective use, encouraging the development of existing and new industry and commerce, creating an attractive environment and ensuring that housing and social facilities are available to encourage people to live and work in the area.

(3)Subject to sections 137 and 138 below, for the purpose of achieving the object an urban development corporation may—

(a)acquire, hold, manage, reclaim and dispose of land and other property;

(b)carry out building and other operations;

(c)seek to ensure the provision of water, electricity, gas, sewerage and other services;

(d)carry on any business or undertaking for the purposes of the object; and

(e)generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes.

(4)No provision of this Part of this Act by virtue of which any power is exercisable by an urban development corporation shall be construed as limiting the effect of subsection (3) above.

(5)Without prejudice to the generality of the powers conferred on urban development corporations by this Act, such a corporation, for the purpose of achieving the object,—

(a)may, with the consent of the Secretary of State, contribute such sums as he with the Treasury’s concurrence may determine towards expenditure incurred or to be incurred by any local authority or statutory undertakers in the performance of any statutory functions of the authority or undertakers, including expenditure so incurred in the acquisition of land; and

(b)may, with the like consent, contribute such sums as the Secretary of State with the like concurrence may determine by way of assistance towards the provision of amenities.

(6)To avoid doubt it is declared that subsection (3) above relates only to the capacity of an urban development corporation as a statutory corporation; and nothing in this section authorises such a corporation to disregard any enactment or rule of law.

(7)A transaction between a person and an urban development corporation shall not be invalidated by reason of any failure by the corporation to observe the object in subsection (1) above or the requirement in subsection (3) above that the corporation shall exercise the powers conferred by that subsection for the purpose of achieving that object.

Modifications etc. (not altering text)

C38S. 136: exercise of powers continued (31.12.1995) by S.I. 1995/3098, art. 4

137 Exclusion of functions.E+W+S

(1)An order under section 135 above may provide that any functions which may be exercisable by an urban development corporation by virtue of this Part of this Act and which are specified in the order are not to be exercised by the corporation established by the order, either as regards the whole of its area or as regards a portion of that area; and this Part of this Act shall apply to the corporation accordingly.

(2)An order under section 135 above may amend any provision of a previous order under that section which was included in that order by virtue of subsection (1) above.

(3)Nothing in subsection (2) above shall prejudice the operation of section 14 of the M42Interpretation Act 1978 (power to amend orders etc.).

Marginal Citations

M421978 c. 30(115:1).

138 Restrictions on powers.E+W+S

(1)Without prejudice to any provision of this Act requiring the consent of the Secretary of State to be obtained for anything to be done by an urban development corporation, he may give directions to such a corporation for restricting the exercise by it of any of its powers under this Act or for requiring it to exercise those powers in any manner specified in the directions.

(2)Before giving a direction under subsection (1) above, the Secretary of State shall consult the corporation, unless he is satisfied that because of urgency consultation is impracticable.

(3)A transaction between a person and an urban development corporation acting in purported exercise of its powers under this Act shall not be void by reason only that it was carried out in contravention of a direction given under subsection (1) above, and such a person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with.

Modifications etc. (not altering text)

C39S. 138 applied (16.3.1992) by Avon Weir Act 1992 (c. v), s.64 (with s. 61).

S. 138 applied (21.7.1994) by 1994 c. xiii, s. 38

139 Allocation or transfer of functions.E+W+S

(1)If it appears to the Secretary of State, in the case of an urban development area, that there are exceptional circumstances which render it expedient that the functions of an urban development corporation under this Part of this Act should be performed by the urban development corporation established for the purposes of any other area instead of by a separate corporation established for the purpose, he may, instead of establishing such a separate corporation, by order direct that those functions shall be performed by the urban development corporation established for the other area.

(2)If it appears to the Secretary of State that there are exceptional circumstances which render it expedient that the functions of an urban development corporation established for one area should be transferred to the urban development corporation established for the purposes of another area, or to a new urban development corporation to be established for the first-mentioned area, he may, by order, provide for the dissolution of the first-mentioned corporation and for the transfer of its functions, property, rights and liabilities to the urban development corporation established for the purposes of the other area or (as the case may be) to a new corporation established for the purposes of the first-mentioned area by the order.

(3)Without prejudice to section 14 of the M43Interpretation Act 1978, an order under this section providing for the exercise of functions in relation to an area by the urban development corporation established for the purposes of another area, or for the transfer of such functions to such a corporation, may modify the name and constitution of that corporation in such manner as appears to the Secretary of State to be expedient, and for the purposes of this Act that corporation shall be treated as having been established for the purposes of each of those areas.

(4)Before making an order under this section providing for the transfer of functions from or to an urban development corporation or for the exercise of any functions by such a corporation, the Secretary of State shall consult that corporation.

(5)An order under this section shall make, with regard to a corporation on which functions are conferred by the order, the same provision as that which may be made with regard to a corporation under section 137 above.

(6)An order under this section shall be made by statutory instrument.

(7)No order under this section shall have effect until approved by a resolution of each House of Parliament.

Marginal Citations

M431978 c. 30 (115:1).

140 Consultation with local authorities.E+W+S

(1)An urban development corporation shall prepare a code of practice as to consultation with the relevant local authorities about the exercise of its powers.

(2)In this section “the relevant local authorities” means local authorities the whole or any part of whose area is included in the urban development area.

(3)Preparation of the code shall be completed not later than the expiration of the period of 12 months from the date of the establishment of the corporation.

(4)A corporation may from time to time revise the whole or any part of its code.

(5)A corporation shall prepare and revise its code in consultation with the relevant local authorities.

LandE+W+S

141 Vesting by order in corporation.E+W+S

(1)Subject to subsection (2) below, the Secretary of State may by order made by statutory instrument provide that land specified in the order which is vested in a local authority, statutory undertakers or other public body or in a subsidiary of a public body shall vest in an urban development corporation established or to be established by an order under section 135 above for an area in which the land is situated.

(2)An order under subsection (1) above may not specify land vested in statutory undertakers which is used for the purpose of carrying on their undertakings or which is held for that purpose.

(3)In the case of land vested in statutory undertakers the Secretary of State and the appropriate Minister shall make any order under this section.

(4)An order under this section shall have the same effect as a declaration under [F134the M44Compulsory Purchase (Vesting Declarations) Act 1981] or, in Scotland, [F135section 195 of the Town and Country Planning (Scotland) Act 1997] (both of which relate to general vesting declarations) except that, in relation to such orders, the enactments mentioned in Schedule 27 shall have effect subject to the modifications specified in that Schedule.

(5)Compensation under the M45Land Compensation Act 1961 or, in Scotland, the M46Land Compensation (Scotland) Act 1963, as applied by subsection (4) above and Schedule 27 to this Act, shall be assessed by reference to values current on the date the order under this section comes into force.

[F136(5A)No compensation is payable, by virtue of an order under this section, under Part IV of the M47.Land Compensation Act 1961.]

[F137(5B)No compensation is payable, by virtue of an order under this section, under Part V of the Land Compensation (Scotland) Act 1963]

(6)No order under this section shall have effect until approved by a resolution of each House of Parliament.

[F138(6A)No order shall be made under this section in relation to a universal service provider (within the meaning of the Postal Services Act 2000.]

(7)In this section—

  • “subsidiary”, in relation to a public body, means a wholly-owned subsidiary of that body; and

  • “wholly-owned subsidiary” [F139as defined by section 736][F140of the M48Companies Act 1985]

Textual Amendments

F135Words in s. 141(4) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(4)

F137S. 141(5B) inserted after s. 141(5) (S.) (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 79, Sch. 17, Pt. II, para. 22 (with s. 84(5)); S.I. 1991/2092, art. 3

F138S. 141(6A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 48(3)

Marginal Citations

M441981 c. 66 (28:1).

M451961 c. 33 (28:1).

M461963 c. 51 (58:2).

142 Acquisition by corporation.E+W+S

(1)An urban development corporation may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily)—

(a)land in the urban development area;

(b)land adjacent to the area which the corporation requires for purposes connected with the discharge of the corporation’s functions in the area;

(c)land, whether or not in or adjacent to the area, which the corporation requires for the provision of services in connection with the discharge of the corporation’s functions in the area.

(2)Where a corporation exercises its powers under subsection (1) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the corporation may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land acquired. In the application of this subsection to Scotland the words “or fuel or field garden allotment” shall be omitted.

[F141(2A)The 1981 Act shall apply F142... to the compulsory acquisition of land in pursuance of subsection (1) or (2) above.]

(3)[F143The 1946 Act and,] in Scotland, the 1947 Act shall apply (subject to section 144(2) below) in relation to the compulsory acquisition of land in pursuance of subsection (1) or (2) above as if—

(a)this section were contained in an Act in force immediately before the commencement of [F143the 1946 Act or (as the case may be)] the 1947 Act,

(b)an urban development corporation were a local authority.

(4)An urban development corporation which may be authorised by the Secretary of State, by means of a compulsory purchase order, to purchase any land compulsorily for any purpose may be authorised by him, by means of such an order, to purchase compulsorily for that purpose such new rights over the land as are specified in the order: and in this subsection “new rights” means rights which are not in existence when the order specifying them is made.

(5)In subsection (4) above “compulsory purchase order” has the same meaning as in the [F1441981 Act, and Schedule 3 to that Act shall apply to the compulsory purchase of a right by virtue of subsection (4) above]

(6)Subsection (5) above does not apply to Scotland.

(7)In relation to Scotland, in subsection (4) above “compulsory purchase order” has the same meaning as in the 1947 Act, and section 63 of the M49Land Compensation (Scotland) Act 1973 shall apply to any compulsory purchase order made by virtu eof that subsection.

Textual Amendments

Marginal Citations

143 Acquisition by local highway authority.E+W+S

(1)This section applies where the appropriate Minister is satisfied that the construction or improvement of a road is needed—

(a)outside an urban development area, for the purpose of securing the development of land in that area in accordance with proposals approved by the Secretary of State under section 148 below, or

(b)for the purpose of providing means of access to such an area.

(2)In that case, a local highway authority may, on being authorised to do so by the appropriate Minister acquire compulsorily any land as to which he is satisfied that its acquisition by the authority is requisite—

(a)for the construction or improvement of the road, or

(b)for carrying out the improvement, or controlling the development, of frontages to the road or of land abutting on or adjacent to the road.

(3)Where a local highway authority has been authorised under subsection (2) above to acquire compulsorily land forming part of a common or open space or fuel or field garden allotment, the authority may be authorised under that subsection to acquire compulsorily land for giving in exchange for the land acquired. In the application of this subsection to Scotland the words “or fuel or field garden allotment” shall be omitted.

[F145(3A)The M501981 Act shall apply F146... to the compulsory acquisition of land under this section]

(4)[F147The 1946 Act and,] in Scotland, the 1947 Act shall apply (subject to section 144(2) below) in relation to the compulsory acquisition of land in pursuance of this section as if this section were contained in an Act in force immediately before the commencement of [F147the 1946 Act or (as the case may be, the 1947 Act.]

(5)In this section—

  • “the appropriate Minister” means—

(a)in England, the Minister of Transport; and

(b)in Scotland or Wales, the Secretary of State; and

“local highway authority” means a highway authority other than the appropriate Minister.

Textual Amendments

Marginal Citations

M501981 c. 66 (28:1).

144 Vesting and acquisition: supplementary.E+W+S

(1)Schedule 28 below (land) shall have effect.

(2)Part I of the Schedule modifies F148... the 1947 Act as applied by section [F149142 and 143] above.

(3)Part II relates to the acquisition of land by agreement under section 142 above.

(4)Part III contains supplementary provisions about land vested in or acquired by an urban development corporation or local highway authority under this Part of this Act.

(5)Part IV (which does not apply to Scotland) contains supplementary provisions about the acquisition by an urban development corporation of rights over land under section 142(4) above.

Textual Amendments

145 Land compensation. E+W+S

(1)The following paragraph shall be inserted after paragraph 4 of Schedule 1 to the M51Land Compensation Act 1961 (descriptions of actual or prospective development of which account is not to be taken in assessing compensation or the effect of which is to reduce compensation payable in respect of adjacent land in the same ownership which has benefited by the development) and after paragraph 4 of Schedule 1 to the M52Land Compensation (Scotland) Act 1963 (which makes similar provision for Scotland):—

“4A. Where any of the relevant land forms part of an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980.Development of any land other than the relevant land, in the course of the development or redevelopment of that area as an urban development area.”

(2)At the end of Part II of Schedule 1 to the Land Compensation Act 1961 there shall be added:—

“Part IIIE+W+S Special Provisions as to Urban Development Areas

10For the avoidance of doubt it is hereby declared—

(a)that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 6 of this Act, no increase or diminution in value is to be excluded from being left out of acccount; and

(b)that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 7 of this Act, no increase in value is to be excluded from being taken into account,

merely because it is attributable—

(i)to any development of land which was carried out before the area was designated as an urban development area;

(ii)to any development or prospect of development of land outside the urban development area;

(iii)to any development or prospect of development of land by an authority other than the acquiring authority, possessing compulsory purchase powers.

11Paragraph 10 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in vlaue to be left out of account by virtue of section 6 of this Act.”.

(3)In section 6 of the M53Land Compensation Act 1961—

(a)in subsection (1)(b), for “4" substitute “ 4A ”; and

(b)add at the end of subsection (2) the words “ and the provisions of Part III of that Schedule shall have effect with regard to paragraph 4A. ”.

(4)At the end of Part II of Schedule 1 to the M54Land Compensation (Scotland) Act 1963 there shall be added:—

“Part IIIE+W+S Special Provisions as to Urban Development Areas

6For the avoidance of doubt it is hereby declared—

(a)that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 13 of this Act no increase or diminution of value is to be excluded from being left out of account; and

(b)that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 14 of this Act, no increase in value is to be excluded from being taken into account,

merely because it is attributable—

(i)to any development of land which was carried out before the area was designated as an urban development area;

(ii)to any development or prospect of development of land outside the urban development area;

(iii)to any development or prospect of development of land by an authority, other than the acquiring authority, possessing compulsory purchase powers.

7Paragraph 6 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in value to be left out of account by virtue of section 13 of this Act.”.

(5)In section 13 of the M55Land Compensation (Scotland) Act 1963—

(a)in subsection (1)(b), for “4", where it first occurs, substitute “ 4A ”; and

(b)add at the end of subsection (2A) the words “ and the provisions of Part III of that Schedule shall have effect with regard to paragraph 4A. ”.

Modifications etc. (not altering text)

C40The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

146 Disposal by corporation.E+W+S

(1)Subject to this section and to any directions given by the Secretary of State under this Act, an urban development corporation may dispose of any land vested in or acquired by it to such persons, in such manner, and subject to such covenants or conditions, as it considers expedient for securing the regeneration of the corporation’s area or for purposes connected with the regeneration of the area.

(2)The powers of an urban development corporation with respect to the disposal of land vested in or acquired by it 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 (subject to subsection (3) below) an opportunity to obtain on it 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.

(3)An urban development corporation shall not have any duty to afford to a person who was carrying on a business of selling [F150alcohol] or alcoholic liquor by retail on land acquired by the corporation an opportunity of obtaining alternative accommodation for such a business.

(4)Nothing in this Act enables an urban development corporation to dispose of land by way of gift, mortgage or charge or (in Scotland) by way of gift or in security.

(5)References in this section to disposing of land include references to granting an interest in or right over land.

(6)In this section [F151“alcohol” has the meaning given by section 191 of the Licensing Act 2003] and “alcoholic liquor" has the meaning assigned by section 139 of the M56Licensing (Scotland) Act 1976.

Textual Amendments

F150Word in s. 146(3) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 79(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F151Words in s. 146(6) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 79(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Marginal Citations

M561976 c. 66 (68A:2).

Planning blightE+W+S

F152147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F152S. 147 repealed (27.5.1997) by 1997 c. 11, s. 3, Sch. 1 Pt. I (with s. 5, Sch. 3)

Planning functionsE+W+S

148 Planning control.E+W+S

(1)An urban development corporation may submit to the Secretary of State proposals for the development of land within the urban development area, and the Secretary of State, after consultation with the local planning authority within whose area (or in Scotland the [F153planning authority within whose area]) the land is situated and with any other local authority which appears to him to be concerned, may approve any such proposals either with or without modification.

(2)Without prejudice to the generality of the powers conferred by [F154section 59 of the 1990 Act] or [F155sections 30 and 31 of the 1997 Act], a special development order made by the Secretary of State under that section with respect to an urban development area may grant permission for any development of land in accordance with proposals approved under subsection (1) above, subject to such conditions, if any, (including conditions requiring details of any proposed development to be submitted to the local planning authority, or in Scotland the planning authority F156. . .within the meaning of section 172 of the M57Local Government (Scotland) Act 1973, as may be specified in the order.

(3)The Secretary of State shall give to an urban development corporation such directions with respect to the disposal of land vested in or acquired by it under this Act and with respect to the development by it of such land, as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historic interest, and in particular of buildings included in any list compiled or approved or having effect as if compiled or approved under [F157section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990] (which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historic interest) or under [F155section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997] (which makes similar provision for Scotland).

(4)[F158Except in relation to land in Wales, references] in this section to the local planning authority are—

(a)in relation to land outside Greater London, references to the district planning authority and also (in relation to proposals for any development which is a county matter, as defined in [F159paragraph 1 of Schedule 1 to the 1990 Act]) to the county planning authority; and

(b)in relation to land in Greater London, references to the authority which is the local planning authority as ascertained in accordance with [F160Part I of the 1990 Act].

Textual Amendments

F153Words in s. 148(4) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(6)(a); S.I. 1996/323, art. 4

F155Words in s. 148(2)(3) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(5)

F156Words in s. 148(2) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 120(6)(b), Sch. 14; S.I. 1996/323, art. 4

Marginal Citations

M571973 c. 65 (81:2).

149 Corporation as planning authority.E+W+S

(1)If the Secretary of State so provides by order, an urban development corporation shall be the local planning authority for the whole or any portion of its area F161 for such purposes of [F162Part III of the 1990 Act], and in relation to such kinds of development, as may be prescribed.

(2)The order may provide—

(a)that any enactment relating to local planning authorities shall not apply to the corporation; and

(b)that any such enactment which applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(3)If the Secretary of State so provides by order—

(a)an urban development corporation specified in the order shall have, in the whole or any portion of its area and F161, the functions conferred by such of the provisions of [F163the 1990 Act and the Planning (Listed Buildings and Conservation Areas) Act 1990] mentioned in Part I of Schedule 29 to this Act as are specified in the order;

(b)such of the provisions of [F164those Acts] specified in Part II of that Schedule as are mentioned in the order shall have effect, in relation to an urban development corporation specified in the order and to land in that corporation’s area, subject to the modifications there specified.

(4)An order under subsection (3) above may provide—

(a)that any enactment relating to local planning authorities shall apply to the urban development corporation specified in the order for the purposes of any of the provisions specified in Schedule 29 to this Act which relate to land in the urban development area by virtue of the order; and

(b)that any such enactment which so applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(5)

F165(6)In Scotland, if the Secretary of State so provides by order, an urban development corporation shall be the planning authority for the whole or any portion of its area F166. . . for such purposes of [F167Part III of the 1997 Act]), and in relation to such kinds of development, as may be prescribed.

(7)An order under subsection (6) above may provide—

(a)that any enactment relating to planning authorities shall not apply to the corporation; and

(b)that any such enactment which applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(8)If the Secretary of State so provides by order—

(a)an urban development corporation specified in the order shall have, in the whole or any portion of its area and F166. . ., the functions conferred by such of the provisions of [F167 the 1997 Act and the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997] mentioned in Part I of Schedule 30 to this Act as are specified in the order;

(b)such of the provisions of [F167those Acts] specified in Part II of that Schedule as are mentioned in the order shall have effect, in relation to an urban development corporation specified in the order and to land in that corporation’s area, subject to the modifications there specified.

(9)An order under subsection (8) above may provide—

(a)that any enactment relating to planning authorities shall apply to the urban development corporation specified in the order for the purposes of any of the provisions specified in Schedule 30 to this Act which relate to land in the urban development area by virtue of the order; and

(b)that any such enactment which so applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

F168(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)An order under this section shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(12)The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(13)In this section “prescribed” means prescribed by an order under this section.

Textual Amendments

F166Words in s. 149(6)(8)(a) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F167Words in s. 149(6)(8)(a)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(6)

F168S. 149(10) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Modifications etc. (not altering text)

C41S. 149 applied (with modifications) (E.) (30.3.2006) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 5(1)(a)(3)(a)(6), 40(1)(b)

C44S. 149(8)(a) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 36(8), Sch. 8 para. 8(2)(b), (with s. 112(3), Sch. 17 para. 35(1))

150

F169(1)The reference to the local planning authority in paragraph 17 of Schedule 16 to the M58Local Government Act 1972 (duty to include in a development order under section 24 of the 1971 Act provision enabling a local highway authority to impose restrictions on the grant by the local planning authority of planning permission for certain descriptions of development) shall not be construed as including a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 above, and no provision of a development order which is included in it by virtue of that paragraph is to be construed as applying to such a corporation.

(2)The Secretary of State may include in a development order under section 24 of the 1971 Act provision enabling a local highway authority to impose restrictions on the grant by an urban development corporation who are the local planning authority of planning permission under the 1971 Act for such descriptions of development as may be specified in the order.

Textual Amendments

Marginal Citations

Building control etc.E+W+S

151 Building control.E+W+S

(1)The Secretary of State may make an order under this section directing that, subject to the provisions of the order, building control functions in an urban development area or in any portion of such an area shall be exercisable by the urban development corporation.

(2)An order under this section shall identify by reference to a map the area to which the order relates.

(3)In this section “building control functions” means—

(a)as regards England and Wales other than inner London boroughs, functions under or in connection with building regulations or any enactment (including a local Act) relating to such regulations;

(b)as regards inner London boroughs, functions exercisable under the London building legislation or, as the case may be, under or in connection with building regulations and any enactment relating to such regulations;

(c)as regards Scotland, the jurisdiction and functions conferred, in such a case, on local authorities by the Building (Scotland) Acts 1959 and 1970.

(4)An order under this section may provide that the London building legislation shall not have effect in the area to which the order relates but that building regulations and any enactment relating to such regulations shall have effect instead.

(5)An order under this section may provide for all or any of the following, namely—

(a)that the corporation shall have only such of the building control functions as may be specified in the order;

(b)that any building legislation under which the corporation is to exercise building control functions (or, in Scotland, that any of the jurisdiction and functions referred to in subsection (3)(c) above) shall apply, in relation to the corporation, as modified by the order,

and this section shall have effect accordingly.

(6)An order under this section shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(7)The power to make an order under this section shall be exercisable by statutory instrument.

(8)An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9)In this section—

  • “building legislation” means—

(a)the London building legislation;

(b)any other enactments under which the corporation is to exercise building control functions; and

(c)building regulations;

  • “the London building legislation” means—

(a)The London Building Acts 1930 to 1978;

(b)any byelaws made under those Acts;

(c)subsections (2) and (3) of section 70 of the M59Health and Safety at Work etc. Act 1974 and any regulations made under the said subsection (3).

Marginal Citations

M591974 c. 37 (43:3).

152 Fire precautions and home insulation.E+W+S

(1)The Secretary of State may make an order under this section directing that, subject to the provisions of the order, an urban development corporation shall have in its area (or in such part of its area as may be specified in the order)—

[F170(a) the functions under Part 3 of the Fire (Scotland) Act 2005 (asp 5) of an enforcing authority (as defined in section 61(9) of that Act);]

F171(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F172(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the functions of a local authority under any scheme made by virtue of [F173section 521 of the M60Housing Act 1985] [F173section [F174252 of the M61Housing (Scotland) Act 1987]] (schemes for the making of grants towards the cost of works undertaken to improve the thermal insulation of dwellings).

(2)On the order coming into force, the corporation shall have the functions conferred in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3)The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

(4)The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(5)The power to make an order under this section shall be exercisable by statutory instrument.

(6)No order under this section shall have effect until approved by a resolution of each House of Parliament.

Textual Amendments

F173Words “section 521 of the Housing Act 1985" substituted (E.W.) for the words from “section" up to but not including “(schemes" by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 46(2)

Marginal Citations

Housing, etc.E+W+S

153 Corporation as housing authority.E+W+S

(1)If the Secretary of State so provides by order, an urban development corporation shall have in its area (or in such part of its area as may be specified in the order)—

(a)the functions conferred on a local authority by [F175the M62Housing Act 1985 or the M63Housing Associations Act 1985][F176or section 22 of the Housing Act 1996]or by the [F177Housing Associations Act 1985 and the M64Housing (Scotland) Act 1987]; and

(b)the functions conferred on the authority who are the relevant authority for the purposes of sections 39 to 41 of the M65Land Compensation Act 1973 or sections 36 to 38 of the M66Land Compensation (Scotland) Act 1973 (which relate to the rehousing of displaced residential occupiers);

or such of those functions as the order may specify.

(2)On the order coming into force, the corporation shall have the functions concerned in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3)The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with any other authority, in relation to that authority, as modified by the order.

(4)The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(5)The power to make an order under this section shall be exercisable by statutory instrument.

(6)No order under this section shall have effect until approved by a resolution of each House of Parliament.

Textual Amendments

F176Words in s. 153(1)(a) inserted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 10

Marginal Citations

M651973 c. 26 (28:1).

M661973 c. 56 (28:2).

[F178154 Rent rebates.E+W+S

(1)If the Secretary of State so provides by order, such of the provisions of [F179Part VII of the Social Security Contributions and Benefits Act 1991 and the Social Security Administration Act 1992] relating to rent rebates as may be specified in the order shall have effect in relation to an urban development corporation—

(a)as if the corporation were a housing authority; and

(b)with such other modifications (if any) as may be so specified.

(2)The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F179Words in s. 154 substituted (1.7.1992) by virtue of Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para.61.

155 Rent.E+W+S

(1)In section 14 of the M67Rent Act 1977 (tenancy not protected when landlord’s interest belongs to certain bodies), there shall be inserted after paragraph (f) “or

(g)an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980;”.

(2)F180

Textual Amendments

Modifications etc. (not altering text)

C45The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

156 Other provisions relating to corporation as landlords.E+W+S

(1) (2)

F181(3)

F182(4)[F183Part III of the M68Housing (Scotland) Act 1987] shall have effect as if a reference to an urban development corporation were included in any reference in those provisions to a development corporation established by an order made, or having effect as if made, under the M69New Towns (Scotland) Act 1968.

Textual Amendments

Marginal Citations

[F184 Private streets]E+W

Textual Amendments

F184Ss. 157, 157A, 157B and cross heading substituted (11.10.1993) for s. 157 by 1993 c. 28, s.178; S.I. 1993/2134, art. 4(b) (with Sch. 1 para. 8)

[F185157Adoption of private streets.E+W

(1)Where any street works have been executed on any land in an urban development area which was then or has since become a private street (or part of a private street), the urban development corporation may serve a notice (an “adoption notice”) on the street works authority requiring the authority to declare the street (or part) to be a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.

(2)Within the period of two months beginning with the date on which the adoption notice was served, the street works authority may appeal against the notice to the Secretary of State.

(3)After considering any representations made to him by the corporation and the street works authority, the Secretary of State shall determine an appeal under subsection (2) above by setting aside or confirming the adoption notice (with or without modifications).

(4)Where, under subsection (3) above, the Secretary of State confirms the adoption notice—

(a)he may at the same time impose conditions (including financial conditions) upon the corporation with which it must comply in order for the notice to take effect; and

(b)with effect from such date as the Secretary of State may specify, the street (or part) shall become a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.

(5)Where a street works authority neither complies with the adoption notice, nor appeals under subsection (2) above, the street (or part) shall become, upon the expiry of the period of two months referred to in subsection (2) above, a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.

(6)In this section—

  • “highway” has the same meaning as in the Highways Act 1980;

  • “private street”, “street works” and “street works authority” have the same meanings as in Part XI of that Act.

(7)This section does not extend to Scotland.]

Textual Amendments

F185Ss. 157, 157B substituted (11.10.1993) for s. 157 by 1993 c. 28, s.178; S.I. 1993/2134, art. 4(b) (with Sch. 1 para. 8)

[F186157A Connection of private streets to highway.E+W

(1)An urban development corporation may serve a notice (a “connection notice”) on the local highway authority requiring the authority to connect a private street in the urban development area to an existing highway (whether or not it is a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense).

(2)A connection notice must specify—

(a)the private street and the existing highway;

(b)the works which appear to the corporation to be necessary to make the connection; and

(c)the period within which those works should be carried out.

(3)Before serving a connection notice an urban development corporation shall consult the local highway authority about the proposed contents of the notice.

(4)Within the period of two months beginning with the date on which the connection notice was served, the local highway authority may appeal against the notice to the Secretary of State.

(5)After considering any representations made to him by the corporation and the local highway authority, the Secretary of State shall determine an appeal under subsection (4) above by setting aside or confirming the connection notice (with or without modifications).

(6)A connection notice becomes effective—

(a)where no appeal is made within the period of two months referred to in subsection (4) above, upon the expiry of that period;

(b)where an appeal is made within that period but is withdrawn before it has been determined by the Secretary of State, on the date following the expiry of the period of 21 days beginning with the date on which the Secretary of State is notified of the withdrawal;

(c)where an appeal is made and the connection notice is confirmed by a determination under subsection (5) above, on such date as the Secretary of State may specify in the determination.

(7)Where a connection notice becomes effective, the local highway authority shall carry out the works specified in the notice within such period as may be so specified and may recover from the corporation the expenses reasonably incurred by them in doing so.

(8)If the local highway authority do not carry out the works specified in the notice within such period as may be so specified, the corporation may themselves carry out or complete those works or arrange for another person to do so.

(9)In this section—

  • “highway” and “local highway authority” have the same meanings as in the Highways Act 1980;

  • “private street” has the same meaning as in Part XI of that Act.

(10)This section does not extend to Scotland.]

Textual Amendments

F186Ss. 157, 157A, 157B substituted (11.10.1993) for s. 157 by 1993 c. 28, s.178; S.I. 1993/2134, art. 4(b) (with Sch. 1 para. 8)

[F187157B Traffic regulation orders for private streets.E+W

(1)Where—

(a)an urban development corporation submits to the Secretary of State that an order under this section should be made in relation to any road in the urban development area which is a private street; and

(b)it appears to the Secretary of State that the traffic authority do not intend to make an order under section 1 or, as the case may be, section 6 of the Road Traffic Regulation Act 1984 (orders concerning traffic regulation) in relation to the road,

the Secretary of State may by order under this section make in relation to the road any such provision as he might have made by order under that section if he had been the traffic authority.

(2)The Road Traffic Regulation Act 1984 applies to an order under this section as it applies to an order made by the Secretary of State under section 1 or, as the case may be, section 6 of that Act in relation to a road for which he is the traffic authority.

(3)In this section—

  • “private street” has the same meaning as in Part XI of the Highways Act 1980;

  • “road” and “traffic authority” have the same meanings as in the Road Traffic Regulation Act 1984.

(4)This section does not extend to Scotland.]

Textual Amendments

F187Ss. 157, 157A, 157B substituted (11.10.1993) for s. 157 by 1993 c. 28, s.178; S.I. 1993/2134, art. 4(b) (with Sch. 1 para. 8)

Sewerage etc.E+W+S

F188158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

159 Public health etc.E+W+S

(1)The Secretary of State may by order provide that an urban development corporation shall have in its area (or in such part of its area as may be specified in the order) the functions conferred on a local authority—

(a)by sections 83 and 84 of the M70Public Health Act 1936 and sections 35 to 37 of the M71Public Health Act 1961 (all of which relate to filthy or verminous premises or articles) or in relation to Scotland by section 40 of the M72Public Health (Scotland) Act 1897 (which makes similar provision for Scotland);

(b)by any enactment contained in Part III (nuisances and offensive trades) [F189or IX (common lodging houses)] of the Public Health Act 1936 or in relation to Scotland by Parts II or V of the Public Health (Scotland) Act 1897 (which respectively make similar provision for Scotland);

(c)by so much of Part XII of the Public Health Act 1936 as relates to any of the enactments mentioned in paragraphs (a) and (b) above; and

(d)by Part I of the M73Prevention of Damage by Pests Act 1949 (rats and mice) [F190, and

(e)sections 39 to 42 of the M74Public Health (Control of Disease) Act 1984, and so much of Part VI of that Act as relates to those sections.]

(2)On the order coming into force, the corporation shall have the functions conferred in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3)The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

(4)The order shall have effect, subject to such savings and transitional and supplementary provisions as may be specified in the order.

(5)The power to make an order under this section shall be exercisable by statutory instrument.

(6)No order under this section shall have effect until approved by a resolution of each House of Parliament.

Textual Amendments

Marginal Citations

M701936 c. 49 (100:1).

M711961 c. 64 (100:1).

M721897 c. 38 (100:2).

M731949 c. 55 (100:3).

M741984 c. 22 (100:1).

Loans for buildingE+W+S

160 Loans for building.E+W+S

(1)For the purpose of enabling any person to whom an urban development corporation has sold or let any land to erect a building on the land, the corporation may, subject to this section, lend money to that person.

(2)A loan made under this section, together with interest on the loan, shall be secured by a mortgage of the land (or in Scotland a standard security over the land) in respect of which the loan is made.

(3)The amount of the principal of a loan made under this section shall not exceed whichever of the following is less:—

(a)three quarters of the value of the mortgaged security (or in Scotland the security subjects) at the time the loan is made.

(b)one half of the value which it is estimated the mortgaged security (or in Scotland the security subjects) will bear when the building for the erection of which the loan is made has been erected.

(4)A loan made under this section shall carry interest at such rate as may be specified by the Treasury.

(5)The mortgage deed (or in Scotland standard security) securing a loan made under this section shall provide—

(a)for repayment being made, subject to paragraphs (c) and (d) below, within such period, not exceeding 30 years, as may be specified in the deed (or standard security);

(b)for repayment being made, subject to paragraphs (c) and (d) below, either by instalments of principal or by an annuity of principal and interest combined;

(c)that, in the event of any of the conditions subject to which the loan is made not being complied with, the balance for the time being unpaid shall become repayable on demand by the corporation;

(d)that the said balance, or such part of it as may be provided for in the mortgage (or standard security), may, in any event other than that specified in paragraph (c) above, be repaid on any such conditions as may be specified in the mortgage (or standard security) after one month’s written notice of intention to repay has been given to the corporation;

(e)where repayment is to be made by an annuity of principal and interest combined, for determining the amount by which the annuity or the life of the annuity is to be reduced when a part of the loan is paid off otherwise than by way of an instalment of the annuity.

161 Loans in pursuance of building agreements.E+W+S

(1)This section applies where an urban development corporation enters into an agreement with a person (“the builder") by which provision is made—

(a)authorising the builder to enter on land belonging to the corporation for the purpose of the builder erecting a building on the land;

(b)for the sale of the land to the builder, if the building is erected to the satisfaction of the corporation, or, as the agreement may provide, for the grant of a lease to him if the building is so erected;

(c)for the corporation to lend money to the builder for the purpose of enabling him to erect the building;

(d)for securing that, on such a sale or, as the case may be, grant of a lease, any amount lent as mentioned in paragraph (c) above will, together with the interest on the loan, be secured by a mortgage of the land (or in Scotland standard security over the land).

(2)In that case the corporation may, subject to this section, lend money to the builder for the purpose mentioned in subsection (1)(c) above.

(3)The amount of the principal of a loan made under this section shall not exceed whichever of the following is less:—

(a)three quarters of the value of the land at the time the agreement mentioned in subsection (1) above is made;

(b)one half of the amount which it is estimated will be the value of the security for the mortgage (or in Scotland of the security subjects) for which the agreement provides when the building for the erection of which the loan is made has been erected.

(4)Subsections (4) and (5) of section 160 above apply to a loan made under this section as to one made under that.

Inner urban areasE+W+S

162 Inner urban areas.E+W+S

(1)In this section “the 1978 Act” means the M75Inner Urban Areas Act 1978, and “designated district” and “designated district authority” have the same meanings as in that Act.

(2)In this section “relevant land” means an area of land which is at the same time situated in both an urban development area and a designated district.

(3)An urban development corporation shall have (as regards relevant land) the same power as the designated district authority has (as regards the designated district) under the provisions of the 1978 Act mentioned in subsection (4) below; and the sections which are or contain those provisions shall apply accordingly (with the necessary modifications).

(4)The provisions are:—

section 2(1) (loans for acquiring land etc.)

section 3(1) (loans and grants for co-operative enterprises etc.)

sections 4 to 6 (loans and grants in improvement areas)

sections 8 to 11 (loans and grants in special areas).

(5)Subsections (6) and (7) below apply where—

(a)the Secretary of State or Ministers wish to enter into arrangements under subsection (1) of section 7 of the 1978 Act as respects any district [F191or Welsh county or county borough] (arrangements to determine action in case of special social need), and

(b)any area of land is situated both in an urban development area and that district [F191or (as the case may be) Welsh county or county borough].

(6)In that case, arrangements under that subsection may be entered into with—

(a)the urban development corporation, or

(b)the council or councils mentioned in paragraph (a) [F191or (aa)]of that subsection, or

(c)subject to subsection (7) below, both the urban development corporation and the council or councils mentioned in that paragraph.

(7)Arrangements under that subsection which are entered into by virtue of subsection (6)(c) above may not be entered into jointly with the urban development corporation and the council or councils.

(8)Where arrangements under that subsection are entered into by virtue of subsection (6) above, they may also be entered into with such other person or persons (if any) as may appear to the Secretary of State or the Ministers appropriate.

Textual Amendments

F191Words in s. 162(5)(a)(b)(6)(b) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 59(2)(a)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Marginal Citations

M751978 c. 50 (81:4).

Supply of goods, etc, to Urban Development CorporationsE+W+S

163 Supply of goods etc. by local authorities.E+W+S

(1)Subject to subsection (2) below, in the M76Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” shall include any urban development corporation.

(2)The provisions of subsection (1) above shall have effect as if made by an order under section 1(5) of the M77Local Authorities (Goods and Services) Act 1970 (power to provide that a person or description of persons shall be a public body for the purposes of that Act).

(3)An order under the said section 1(5) may accordingly vary or revoke the provisions of subsection (1) above as they apply to an urban development corporation specified in the order.

Marginal Citations

M761970 c. 39 (81:4).

M771970 c. 39 (81:4).

Finance, accounts, reports, etc.E+W+S

164 Finance, accounts, reports, etc.E+W+S

(1)Schedule 31 below (finance, accounts, reports, etc. in relation to urban development corporations) shall have effect.

(2)The expenses of the Secretary of State in respect of the administration of this Part of this Act shall be paid out of money provided by Parliament.

Transfer of corporations’ undertakingsE+W+S

165 Power to transfer undertaking.E+W+S

(1)Subject to this section, an urban development corporation may, by an agreement made with any local authority [F192or other body] or any statutory undertakers and approved by the Secretary of State with the Treasury’s concurrence:—

(a)transfer to the local authority [F192or other body] the whole or any part of the corporation’s undertaking, or

(b)transfer to the statutory undertakers the whole or any part of the corporation’s undertaking which consists of a statutory undertaking,

upon such terms as may be prescribed by the agreement.

(2)Subsection (1) above is without prejudice to the powers of an urban development corporation under this Act to dispose of any of its property, including any trade or business carried on by it.

F193(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Before approving an agreement under this section the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated (except, in the case of an agreement made with such an authority, the authority with whom it is made).

(5)Before approving an agreement under this section for the transfer of a statutory undertaking, the Secretary of State shall publish in the London Gazette (or, in the case of an urban development area in Scotland, the Edinburgh Gazette) and in one or more newspapers circulating in the urban development area, a notice stating that the agreement has been submitted for approval and describing the general effect of the agreement.

(6)If within 28 days from publication of the notice in the London Gazette or Edinburgh Gazette in accordance with subsection (5) above any objection to the agreement is made by any statutory undertakers who, within the urban development area or any area adjacent to it, are carrying on or authorised to carry on a statutory undertaking similar to that proposed to be transferred by the agreement, subsection (1) above shall apply in relation to the agreement as if for the reference to the Secretary of State there were substituted a reference to him and the appropriate Minister.

(7)If the Secretary of State is satisfied that it is expedient, having regard to any agreement made or proposed to be made under this section, that the liability of the urban development corporation in respect of advances made to it by the Secretary of State under this Part of this Act should be reduced, he may, by order made with the consent of the Treasury, reduce that liability to such extent as may be specified in the order.

(8)An order under subsection (7) above shall be of no effect until it is approved by a resolution of the House of Commons.

(9)The following are local authorities for the purposes of this section [F194and [F195sections 165A to 166] below], namely—

(a)(in the application of [F196the sections] to England F197. . .) a county council, a district council, a London borough council, F198 and the Common Council of the City of London;

[F199(aa)(in the application of the sections to Wales) a county council or county borough council;]

(b)(in the application of [F196the sections] to Scotland) [F200any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 other than the councils for Orkney Island, Shetland Island and Western Isles].

Textual Amendments

F192Words in s. 165(1) inserted (11.10.1993) by 1993 c. 28, s. 180(1); S.I. 1993/2134, art. 4(a)

F193S. 165(3) repealed (11.10.1993) by 1993 c. 28, ss. 180(2), 187(2), Sch. 22; S.I. 1993/2134, art. 4(a)

F194Words in s. 165(9) inserted (11.10.1993) by 1993 c. 28, s. 180(3)(a); S.I. 1993/2134, art. 4(a)

F195Words in s. 165(9) substituted (24.9.1996) by 1996 c. 53, ss. 143(2), 150(2)

F196Words in s. 165(9) substituted (11.10.1993) by 1993 c. 28, s. 180(3)(b); S.I. 1993/2134, art. 4(a)

F197Words in s. 165(9)(a) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 59(3), Sch. 18 (ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F200Words in s. 165(9)(b) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 120(7) (with s. 128(8)); S.I. 1996/323, art. 4

Modifications etc. (not altering text)

C46S. 165 modified (5.11.1993) by 1993 c. 42, s. 27 (with s. 30(1), Sch. 2 para. 9)

[F201165A Transfer of property, rights and liabilities by order.E+W+S

(1)Subject to this section, the Secretary of State may at any time by order transfer to himself, upon such terms as he thinks fit, any property, rights or liabilities which—

(a)are for the time being vested in an urban development corporation, and

[F202(b)are not proposed to be transferred under section 165 above or 165B below.]

(2)An order under this section may terminate—

(a)any appointment of the corporation under subsection (1) of section 177 of the Leasehold Reform, Housing and Urban Development Act 1993 (power of corporations to act as agents of the Urban Regeneration Agency); and

(b)any arrangements made by the corporation under subsection (2) of that section.

(3)Before making an order under this section, the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated.

(4)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F201S. 165A inserted (11.10.1993 except in relation to the insertion of s. 165A(2) and 10.11.1993 so far as not already in force) by 1993 c. 28, s. 180(2); S.I. 1993/2134, art. 4(a); S.I. 1993/2762, art. 3

F202S. 165A(1)(b) substituted (24.9.1996) by 1996 c. 53, ss. 143(4), 150(2)

[F203165B Transfer of property, rights and liabilities to statutory bodies.E+W+S

(1)Subject to this section, the Secretary of State may at any time by order transfer to a statutory body, upon such terms as he thinks fit, any property, rights or liabilities which—

(a)are for the time being vested in an urban development corporation, and

(b)are not proposed to be transferred under section 165 or 165A above.

(2)An order under this section may terminate—

(a)any appointment of the corporation under subsection (1) of section 177 of the Leasehold Reform, Housing and Urban Development Act 1993 (power of corporations to act as agents of the Urban Regeneration Agency); and

(b)any arrangements made by the corporation under subsection (2) of that section.

(3)An order under this section may—

(a)establish new bodies corporate to receive any property, rights or liabilities to be transferred by an order under this section;

(b)amend, repeal or otherwise modify any enactment for the purpose of enabling any body established under any enactment to receive such property, rights or liabilities.

(4)An order under this section—

(a)may contain such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks necessary or expedient (including provisions amending, repealing or otherwise modifying any enactment); and

(b)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Before making an order under this section, the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated.

(6)In this section—

  • “enactment” includes any instrument made under any enactment;

  • “statutory body” means any body established under this section or any other enactment.]

Textual Amendments

F203S. 165B inserted (24.9.1996) by 1996 c. 53, ss. 143(1), 150(2)

Dissolution of corporationsE+W+S

166 Dissolution of corporations.E+W+S

[F204(1)Where all property, rights and liabilities of an urban development corporation have been transferred under or by one or more relevant instruments, the Secretary of State may make an order by statutory instrument under this section.]

[F205(1A)Any property, rights and liabilities retained by an urban development corporation for the purpose of preparing its final accounts and report and winding up its affairs shall be disregarded for the purposes of subsection (1) above.]

(2)Before making such an order the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated.

(3)On the order coming into force, the corporation shall cease to act except for the purpose of preparing its final accounts and report and winding up its affairs.

(4)The corporation shall (without more) be dissolved on a date specified in, or ascertained by reference to the provisions of, the order.

[F206(5)In this section “relevant instrument” means an agreement made under section 165 above or an order made under section 165A [F207or 165B]] above.

Textual Amendments

F204S. 166(1) substituted (11.10.1993) by 1993 c. 28, s. 180(4); S.I. 1993/2134, art. 4(a)

F205S. 166(1A) inserted (1.4.1998) by S.I. 1998/85, art. 4(1)

F206S. 166(5) substituted (11.10.1993) by 1993 c. 28, s. 180(5); S.I. 1993/2134, art. 4(a)

F207Words in s. 166(5) inserted (24.9.1996) by 1996 c. 53, ss. 143(5), 150(2)

Modifications etc. (not altering text)

C47S. 166 extended (21.7.1994) by 1994 c. xiii, s. 39

MiscellaneousE+W+S

167 Power to survey land etc.E+W+S

(1)A person to whom this subsection applies may at any reasonable time:—

(a)survey any land, or estimate its value, in connection with a proposal by an urban development corporation to acquire the land compulsorily;

(b)for the purpose of surveying, or estimating the value of, any land in pursuance of paragraph (a) above, enter on the land and other land.

(2)Subsection (1) above applies—

(a)to a person authorised in writing by the urban development corporation; and

(b)to an officer of the Valuation Office.

(3)The power to survey land conferred by subsection (1) above includes power for a person to whom that subsection applies by virtue of subsection (2)(a) above to search and bore on and in the land for the purpose of ascertaining the nature of the subsoil or whether minerals are present in the subsoil, and the power to enter on land conferred by that subsection includes power for such a person to place and leave, on or in the land, apparatus for use in connection with the survey in question and to remove the apparatus.

(4)A person authorised by an urban development corporation to enter on land in pursuance of subsection (1) above—

(a)shall, if so required before or after entering on the land, produce evidence of his authority to enter;

(b)may take with him on to the land such other persons and such equipment as are necessary for the survey in question;

(c)shall not (if the land is occupied) demand admission to the land as of right unless notice of the intended entry has been served by the corporation on the occupier not less than 28 days before the demand;

(d)shall (if the land is unoccupied when he enters or the occupier is then temporarily absent) leave the land as effectually secured against trespassers as he found it;

(e)shall not place or leave apparatus on or in the land or remove apparatus from the land—

(i)unless notice of his intention to do so has been served by the corporation on an owner of the land, and if the land is occupied on the occupier, not less than 28 days before he does so, and

(ii)If the land is held by local authority or statutory undertakers who within that period serve on the corporation a notice stating that they object to the placing or leaving or removal of the apparatus on the ground that to do so would be seriously detrimental to the performance of any of their functions or, as the case may be, the carrying on of their undertakings unless he has a written Ministerial authorisation to do so;

(f)shall not search or bore on or in the land which is the subject of the survey in question if the land is held by a local authority or statutory undertakers—

(i)unless notice of his intention to do so has been served by the corporation on the authority or undertakers not less than 28 days before he does so, and

(ii)if within that period the authority or undertakers serve on the corporation a notice stating that they object to the searching or boring on the ground that do so would be seriously detrimental to the performance of any of their functions or, as the case may be, the carrying on of their undertaking, unless he has a written Ministerial authorisation to do so.

(5)In subsection (4) above “Ministerial authorisation” means—

(a)in relation to land held by a local authority, the authorisation of the Secretary of State; and

(b)in relation to land held by statutory undertakers, the authorisation of the Secretary of State and the appropriate Minister.

(6)In exercising the powers of this section to survey land held by a local authority or statutory undertakers a person to whom subsection (1) above applies shall comply with all reasonable conditions imposed by the authority or undertakers with regard to the entry on, surveying of, searching or boring on or in the land, or placing or leaving on, or removal of apparatus from land.

[F208(7)Where it is proposed to search or bore in pursuance of this section in a street within the meaning of Part III of the New Roads and Street Works Act 1991 or, in Scotland, a road within the meaning of Part IV of that Act—

(a)section 55 or 114 of that Act (notice of starting date of works), so far as it requires notice to be given to a person having apparatus in the street or road which is likely to be affected by the works,

(b)section 69 or 128 of that Act (requirements to be complied with where works likely to affect another person’s apparatus in the street or road), and

(c)section 82 or 141 of that Act (liability for damage or loss caused),

have effect in relation to the searching or boring as if they were street works within the meaning of the said Part III or, in Scotland, road works within the meaning of the said Part IV.]

(8)If, in connection with such a proposal of a corporation as is mentioned in subsection (1)(a) above, a person interested in any land suffers damage in consequence of the exercise of a power conferred by subsection (1) or (4)(b) above or a failure to perform the duty imposed by subsection (4)(d) above in respect of the land, he shall be entited to recover compensation for the damage from the corporation.

(9)Any dispute as to a person’s entitlement to compensation in pursuance of subsection (8) above or as to the amount of the compensation shall be determined by the Lands Tribunal, and sections 2(2) to (5) and 4 of the M78Land Compensation Act 1961 (which relate to the conduct of certain proceedings before the Tribunal and costs) shall with the necessary modifications apply in relation to the determination by the Tribunal of such a dispute.

(10)If a person—

(a)wilfully obstructs another person in the exercise of a power conferred on the other person by subsection (1) or (4)(b) above; or

(b)while another person is on any land in pursuance of the said subsection (4)(b), wilfully obstructs him in doing things connected with the survey in question; or

(c)removes or otherwise interferes with apparatus left on or in land in pursuance of this section,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F209level 3 on the standard scale]

(11)If a person who has entered on any land in pursuance of this section discloses to another person information obtained by him there about a manufacturing process or trade secret, then, unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter on the land, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.

(12)It is hereby declared that references to surveying in this section include references to surveying from the air.

(13)In the application of this section to Scotland, for the reference in subsection (9) to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland, and for the reference in that subsection to sections 2(2) to (5) and 4 of the Land Compensation Act 1961 there shall be substituted a reference to sections 9(2) to (5) and 11 of the M79Lands Compensation (Scotland) Act 1963 (which make similar provision for Scotland).

(14)In this section—

  • F210. . .

  • “the Valuation Office” means the Valuation Office of the Inland Revenue Department.

F211(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F210Definition in s. 167(14) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 2

F211S. 167(15) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group2.

Modifications etc. (not altering text)

C48S. 167 applied (with modifications) (27.7.1998) by 1998 c. iv, s. 11

C49S. 167 applied (5.11.1993) by 1993 c. 42, ss. 5, 6, Sch. 4 para. 5, Sch. 5 para.3 (with s. 30(1), Sch. 2 para. 9)

Marginal Citations

M781961 c. 33 (28:1).

168 Service of notices.E+W+S

(1)This section has effect in relation to any notice required or authorised by this Part of this Act to be served on any person by an urban development corporation.

(2)Any such notice may be served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

(3)Any such notice may—

(a)in the case of a body corporate, be given to or served on the secretary or clerk of that body;

(b)in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.

(4)For the purposes of this section and of section 7 of the M80Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to or on whom a notice is to be given or served shall be his last known address, except that—

(a)in the case of a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of that body;

(b)in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.

(5)If the person to be given or served with any notice mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the M81Interpretation Act 1978 as his proper address.

(6)If the name or address of any owner, lessee or occupier of land to or on whom any notice mentioned in subsection (1) above is to be served cannot after reasonable inquiry be ascertained, the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

Modifications etc. (not altering text)

C50S. 168 modified (5.11.1993) by 1993 c. 42, s. 28 (with s. 30(1), Sch. 2 para. 9)

Marginal Citations

M801978 c. 30 (115:1).

M811978 c. 30 (115:1).

169 Ecclesiastical property.E+W

(1)[F212Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant], it shall be treated for the purposes of a compulsory acquisition of the property under this Part of this Act as being vested in the [F213Diocesan Board of Finance for the diocese in which the land is situated], and any notice to treat shall be served, or be deemed to have been served, accordingly.

(2)Where under this Part of this Act any notice, other than a notice to treat, is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the [F213Diocesan Board of Finance for the diocese in which the land is situated].

(3)This section does not extend to Scotland.

Textual Amendments

F212Words in s. 169 substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 21(1)(b); 2006 No. 2, Instrument made by Archbishops

F213Words in s. 169 substituted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 21(1)(a); 2006 No. 2, Instrument made by Archbishops

170 Interpretation: statutory undertakers etc.E+W+S

(1)In this Part of this Act, unless the context otherwise requires, “statutory undertakers” means—

(a)persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of F214, F215[F216or hydraulic power]

(b). . . F217the Civil Aviation Authority, F218. . ., [F219a universal service provider in connection with the provision of a universal postal service] and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of [F220the 1990 Act] or of [F221 the 1997 Act].

(c)any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph, and

(d)any wholly-owned subsidiary [F222as defined by section 736][F223of the M82Companies Act 1985] of any person, authority, body or undertakers mentioned in paragraphs (a) and (b) above or specified in an order made under paragraph (c) above,

and “statutory undertaking” shall be construed accordingly.

(2)In section 141 above “statutory undertakers” also includes British Shipbuilders F224F225 . . ., and any wholly-owned subsidiary [F222as defined by section 736][F223of the M83Companies Act 1985] of any of them.

[F226(2A)The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Part of this Act; and references in this Part of this Act to his undertaking shall be construed accordingly.

(2B)In subsection (1) and (2A) above “universal service provider" has the same meaning as in the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act.]

(3)In this Part of this Act the expression “the appropriate Minister", and any reference to the Secretary of State and the appropriate Minister—

(a)in relation to any statutory undertakers who are also statutory undertakers for the purposes of any provision of Part XI of [F220the 1990 Act] or [F221Part X of the 1997 Act], shall have the same meanings as in [F221the said Part X], and

(b)in relation to any other statutory undertakers, shall have the meanings given by an order made by the Secretary of State under this subsection.

(4)If, in relation to anything required or authorised to be done under this Part of this Act, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(5)An order made under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F218S. 170: words repealed (13.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 25(1), Sch. 11 Pt. II; S.I. 1994/2553, art. 2

F219S. 170(1) words substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 48(4)

F221Words in s. 170(1)(b)(3)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(7)

F226S. 170(2A)(2B) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 48(5)

Marginal Citations

171 Interpretation: general.E+W+S

In this Part of this Act, except in so far as the context otherwise requires—

  • “ecclesiastical property” means land belonging to an ecclesiastical benefice [F227of the Church of England], or being or forming part of a church subject to the jurisdiction of a bishop, of any diocese [F227of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction;

  • [F228“the1981 Act” means the M84Acquisition of Land Act 1981]

  • “the 1947 Act” means the M85Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

  • “the [F2291990] Act” means the Town and Country Planning Act [F2291990]

  • “the [F2301997] Act” means the M86Town and Country Planning (Scotland) Act [F2301997];

  • [F231“urban development area” means so much of an area designated by an order under subsection (1) of section 134 above as is not excluded from it by an order under subsection (3A) of that section;]

  • “urban development corporation” means a corporation established by an order under section 135 above.

Textual Amendments

F227Words in s. 171 inserted (E.) (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 21(2); 2006 No. 2, Instrument made by Archbishops

F230Words in s. 171 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(8)

F231Definition in s. 171 substituted (11.10.1993) by 1993 c. 28, s. 179(5); S.I. 1993/2134, art. 4(a)

Marginal Citations

M841981 c. 67 (28:1).

M851947 c. 42 (28:2).

M861972 c. 52 (123:2).

172 Extent of Part XVI.E+W+S

This Part of this Act (except paragraph 18 of Schedule 26) does not extend to Northern Ireland.

Part XVIIE+W+S Caravan Sites

173 Duty of local authorities to provide caravan sites for gipsies. E+W

There are hereby repealed—

(a)in subsection (2) of section 6 of the Act of 1968 (limitation of duty to provide adequate accommodation for gipsies and provision for exemption), the words from “and the Minister" to the end; and

(b)section 190(2) of the M87Local Government Act 1972 (certain exemptions from the duty mentioned in paragraph (a) above to be continued in force).

Modifications etc. (not altering text)

C51The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

174 Removal of unlawfully parked caravans and their occupants. E+W

For section 11 of this Act of 1968 (removal of unlawful encampments) there is substituted the following section:—

“11 Order for removal of unlawfully parked caravans and their occupants.

(1)In any area to which section 10 of this Act applies, a magistrates’ court may, on a complaint made by a local authority, and if satisfied that a caravan is stationed on land within that Authority’s area in contravention of that section, make an order requiring any caravan (whether or not identified in the order) which is so stationed on the land to be removed together with any person residing in it.

(2)An order under this section may authorise the local authority to take such steps as are reasonably necessary to ensure that the order is complied with and in particular, may authorise the authority, by its officers and servants—

(a)to enter upon the land specified in the order; and

(b)to take, in relation to any caravan to be removed pursuant to the order, such steps for securing entry and rendering it suitable for removal as may be so specified.

(3)The local authority shall not enter upon any occupied land unless they have given to the owner and occupier at lease 24 hours notice of their intention to do so, or unless after reasonable inquiries they are unable to ascertain their names and addresses.

(4)A person who intentionally obstructs any person acting in the exercise of any power conferred on him by an order under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

(5)A constable in uniform may arrest without warrant anyone whom he reasonably suspects to be guilty of an offence under this section.

(6)Where a complaint is made under this section, a summons issued by the court requiring the person or persons to whom it is directed to appear before the court to answer to the complaint may be directed—

(a)to the occupant of a particular caravan stationed on the land in question; or

(b)to all occupants of caravans stationed there, without naming him or them.

(7)Where it is impracticable to serve such a summons on a person named in it, it shall be treated duly served on him if a copy of it is fixed in a prominent place to the caravan concerned ; and where such a summons is directed to the unnamed occupants of caravans, it shall be treated as duly served on those occupants if a copy of it is fixed in a prominent place to every caravan stationed on the land in question at the time when the service is thus effected.

(8)The local authority shall take such steps as may be reasonably practicable to secure that a copy of any such summons is displayed on the land in question (otherwise than by being fixed to a caravan) in a manner designed to ensure that it is likely to be seen by any person camping on the land.

(9)Notice of any such summons shall be given by the local authority to the owner of the land in question and to the occupier of that land unless, after reasonable inquiries, the authority is unable to ascertain the name and address of the occupier ; and the owner of any such land and any occupier of any such land shall be entitled to appear and to be heard in the proceedings.

(10)Section 55(2) of the Magistrates’s Courts Act 1980 (warrant for arrest of defendant failing to appear) does not apply to proceedings on a complaint made under this section.”.

Modifications etc. (not altering text)

C52The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

175 Designation of areas for purpose of making unauthorised camping unlawful.E+W

(1)For section 12 of the Act of 1968 (designation of areas of counties and London boroughs as areas to which provisions of section 10 of that Act prohibiting unauthorised camping apply) there is substituted the following section:—

“12 Designation of areas.

(1)Subject to subsection (3) below, the Minister may by order made on the application of a county council or London borough council designate the area of that council as an area to which section 10 of this Act applies.

(2)Subject to subsection (3) below, the Minister may by order made on the joint application of a county council and one or more councils of districts within that county designate the area of the district or, as the case may be, the combined areas of the districts, as an area to which section 10 of this Act applies.

(3)The Minister shall not make an order under subsection (1) or (2) above in respect of any area unless it appears to him either that adequate provision is made in the area for the accommodation of gipsies residing in or resorting to the area, or that in all the circumstances it is not necessary or expedient to make any such provision.

(4)An order under this section may be revoked by an order made by the Minister, either on the application of the authority or authorities which made the original application or without such an application.

(5)The power of the Minister to make orders under this section shall be exercisable by statutory instrument ; and any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Where an order under this section is made in respect of any area it shall be the duty of the county council for that area or, as the case may be, the London borough council concerned to take such steps as area reasonably practicable to inform gipsies within the area of the making and effect of the order.”.

(2)Where by virtue of the M88Local Government Act 1972 (which, among other things, reorganised local authority areas) a designation made before 1st April 1974 under section 12 of the 1968 Act as originally enacted (and not revoked) relates to part of only of the area of a county, any order which is made on the application of the council of that county under subsection (1) or (2) of the section substituted for section 12 of the 1968 Act by subsection (1) above shall be made to extend only to an area which does not include the area designated before 1st April 1974.

Modifications etc. (not altering text)

C53The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M881972 c. 70 (81:1).

176 Site licences: exemption for sites provided for gipsies by county councils of regional councils. E+W+S

In Schedule 1 to the Act of 1960 (cases where site licence is not required), the following is inserted after paragraph 11:—

“ Gipsy sites occupied by county councils or regional councils

11AA site licence shall not be required for the use of land occupied by a county council, or in Scotland a regional council, as a caravan site provising accommodation for gipsies.”.

Modifications etc. (not altering text)

C54The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

177 Interpretation of Part XVII.E+W+S

In this Part of this Act—

  • “the Act of 1960” means the M89Caravan Sites and Control of Development Act 1960;

  • “the Act of 1968” means the M90Caravan Sites Act 1968;

  • “caravan” has the same meaning as in the Act of 1960; and

  • “gipsy” has the same meaning as in the Act of 1968.

Marginal Citations

M891960 c. 62 (46:3).

M901968 c. 52 (46:3).

178 Commencement and extent of Part XVII.E+W+S

(1)Section 174 of this Act shall commence at the expiry of the period of three months beginning with the date on which this Act is passed.

(2)In section 173 above, the repeal effected by paragraph (b) shall not take effect until the expiry of the period of twelve months beginning with the date on which this Act is passed.

(3)Subject to subsections (1) and (2) above, this Part of this Act shall commence at the expiry of the period of one month beginning with the date on which this Act is passed.

(4)Sections 173, 174 and 175 above do not extend to Scotland.

Part XVIIIE+W+S Enterprise Zones

179 Enterprise zones.E+W+S

Schedule 32 below (which makes special provision about planning [F232and rates] in zones designated under the Schedule) shall have effect.

Textual Amendments

F232Words repealed (E.W.) by S.I. 1990/776, art. 3, Sch. 1

Part XIXU.K. Miscellaneous and Supplementary

Honorary FreemenE+W

180 Honorary freemen. E+W

In section 249(5) of the M91Local Government Act 1972 after “royal borough" where it first occurs insert “ or any parish or community having by grant under the royal prerogative the status of city and any parish or community entitled by such grant to be called and styled a royal town ”, and after ther further references to “royal borough" in that subsection and in section 249(6) insert “ or parish or community as aforesaid. ”.

Modifications etc. (not altering text)

C55The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Land DrainageE+W+S

F233181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F233S. 181 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3, Pt.I (with Sch. 2, paras. 10, 14(1) and 15)

F234182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

Social ServicesE+W

183 Relaxation of Ministerial controls over social services. E+W

(1)The following section shall be substituted for section 3 of the M92Local Authority Social Services Act 1970 (under which no matter, other than a matter which by virtue of section 2 of the that Act stands referred to a local authority’s social services committee may be referred to or dealt with by the committee except with the consent of the Secretary of State):—

“3 Business of Social Services Committee.

(1)A local Authority may delegate to their social services committee any of the functions matters relating to which stand referred to the committee by virtue of section 2 of this Act (hereafter in this Act referred to as “social services functions") and, before exercising any of those functions themselves, the authority shall (unless the matter is urgent) consider a report of the committee with respect to the matter in question.

(2)Nothing in section 2 of this Act prevents a local authority from referring to a committee a matter which by virtue of that section stands referred to the social services committee and which in the authority’s opinion ought to be referred to the other committee of the ground that it relates to a general service of the authority; but before referring any such matter the authority shall receive and consider a report of the social services committee with respect to the subject matter of the proposed reference.”.

(2)The following section shall be inserted after that section:—

“3A Power of local authority to refer or delegate to social services committee.

A local authority may refer to their social services committee any matter which in their view may appropriately be referred to that committee, but which would not otherwise stand referred to that committee by virtue of this Act, and may delegate to that committee any of their functions relating to a matter so referred.”

(3)Section 6(3) and (4) of that Act (which give the Secretary of State power to make regulations prescribing the qualifications requisite for a person’s appointment as a local authority’s director of social services and make provision for his concurrence in such appointments, until regulations are made) shall cease to have effect.

Modifications etc. (not altering text)

C56The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Commissioners for Local AdministrationE+W+S

184 Disclosure of information to Commissioners for Local Administration.E+W+S

(1)In subsection (3) of section 32 of the M93Local Government Act 1974 (which empowers a Minister of the Crown or an authority subject to investigation to give notice to a Local Commissioner that in the opinion of the Minister or authority disclosure of certain documents or information would be contrary to the public interest and which prevents any person from communicating any such document or information to any other person, or for any purpose) for the words “any person" there shall be substituted the words “ the Local Commissioner or any member of the staff of a Commission who is allocated to assist him ”.

F235(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F235S. 184(2) repealed (S.) (23.10.2002) by 2002 asp 11, s. 25, Sch. 6 para. 4 (with Sch. 7); S.S.I. 2002/467, art. 2

Modifications etc. (not altering text)

C57The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Pleasure BoatsE+W+S

185 Pleasure boats bye laws.E+W

(1)Subject to the provisions of this section, any of the following authorities, namely

(i)a district council;

(ii)a London borough council;

(iii)the Common Council of the City of London,

[F236(iv)the council of a Welsh county or county borough,]

may make byelaws—

(a)for regulating the numbering and maning of pleasure boats and vessels which are let for hire to the public and the mooring places for such boats and vessels; and

(b)for fixing the qualifications of the boatmen or other persons in charge of such boats or vessels; and

(c)for securing their good and orderly conduct while in charge.

(2)No authority mentioned in subsection (1) above shall have power to make byelaws under that subsection in relation to pleasure boats or vessels operating—

(a)on any water owned by the British Waterways Board;

[F237(b)on any inland waters (within the meaning of the Water Resources Act 1991) in respect of which the National Rivers Authority may make byelaws by virtue of paragraph 1 of Schedule 25 to that Act]

(c)subject to subsection (3) below, on any canal or other inland navigation which a navigation authority, as defined in section 135(1) of the M94Water Resources Act 1963, are required or empowered to manage or maintain under any enactment; or

(d)on any harbour maintained or managed by a harbour authority, as defined in section 57(1) of the M95Harbours Act 1964.

(3)Subsection (2)(c) above does not preclude a local authority making byelaws under subsection (1) above in relation to pleasure oats or vessela operating on any canal or inland navigation which they themselves are required or empowered to manage or maintain.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

186 Amendment of s. 94 of the Public Health Acts (Amendment) Act 1907. E+W

The following subsections shall be added at the end of section 94 of the M96Public Health Acts (Amendment) Act 1907—

“(8)No licence under this section shall be required in respect of pleasure boats and pleasure vessels on any canal owned or managed by the British Waterways Board.

(9)In subsections (1) and (3) of this section “let for hire” means let for hire to the public.”.

Modifications etc. (not altering text)

C59The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

F238187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F239188, 189.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F240190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

191 Amendments of Inner Urban Areas Act 1978. E+W+S

(1)The following subsection shall be substituted for subsection (3) of section 6 of the M97Inner Urban Areas Act 1978 (which limits the amount of a grant under that section for converting or improving a building to 50 per cent. of the cost of carrying out the works or a fixed amount for each job which, in the opinion of the authority making the grant, is likely to be created or preserved as a result of the carrying out of the works, whichever is the less):—

“(3)The amount of a grant under this section shall not exceed 50 per cent. of the cost of carrying out the works.”.

(2)The following sub-paragraph shall be substituted for paragraph 2(1) of the Schedule to that Act (Secretary of State’s notification that all or part of an improvement area is no longer to be such an area):—

“2(1)If the area declared to be an improvement area by a resolution under paragraph 1(1) above is wholly or partly included in an area of land designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the Secretary of State, if it appears appropriate to him—

(a)may at any time before the resolution takes effect send to the authority a notification that the land included in the urban development area is not to be or to be included in the improvement area by virtue of the resolution; and

(b)may at any time after the resolution takes effect, send them a notification that the land included in the urban development area is no longer to be or to be included in the improvement area by virtue of it.”.

Modifications etc. (not altering text)

C60The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

SupplementaryU.K.

192 Finance-general.E+W+S

There shall be paid out of money provided by Parliament any increase in money so payable under any other Act which is attributable to the provisions of this Act.

193 Minor and consequential amendments. E+W+S

The enactments specified in Schedule 33 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

Modifications etc. (not altering text)

C61The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

194 Repeals. U.K.

The enactments specified in Schedule 34 to this Act (which include enactments which are obsolete or unnecessary before the passing of this Act) are repealed to the extent specified in the third column of that Schedule.

Modifications etc. (not altering text)

C62The text of ss. 24, 25(1)–(3)(5), 26(4), 27, 32, 46 61(4A), 68(2), 69(3), 92(1)—(4)(6)—(8), 112, 114, 118, 131(3), 145, 155(1), 173, 174, 175(1), 176, 180, 181(1)–(3), 183, 92(1)–(4)(6)–(8), 184(1)(2), 186, 191, 193, 194 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

195 Scotland.E+W+S

(1)Parts IV, V, IX, XII, XIV, XV and XVII of this Act apply to Scotland to the extent specified in sections 27, 47, 92, 111, 125, 133 and 178 respectively.

(2)Parts VI, VIII and X of this Act do not apply to Scotland.

(3)In this Part of this Act sections 180, 181, 183, 185, 186 and 190 do not extend to Scotland.

196 Northern Ireland.E+W+S

The following provisions of this Act extend to Northern Ireland, that is to say—

section 101;

section 123; in Schedule 17, so much of paragraph 5 as relates to section 123;

in Schedule 22, paragraph 15;

in Schedule 26, paragraph 18;

so much of Part XI of Schedule 34 as repeals any enactment which extends to Northern Ireland;

but except as aforesaid, and except so far as it relates to the commencement of those provisions, this Act does not extend to Northern Ireland.

197 Citation.E+W+S

This Act may be cited as the Local Government, Planning and Land Act 1980.

SCHEDULES

Section 1(1).

SCHEDULE 1E+W+S Provisions to which section 1(1) refers

Prevention of damage by Pests Act 1949 (c. 55)E+W+S

1E+W+SSection 2 (power to direct keeping of records etc.)

2E+W+SSection 12 (directions)

Rag Flock and other Filling Materials Act 1951 (c. 63)E+W+S

3E+W+SSection 6 (appeals).

4E+W+SSection 7 (appeals)

5E+W+SSection 15 (regulations about fees for tests).

Food and Drugs Act 1955 (4 & 5 Eliz. 2) (c. 16)E+W+S

[F2416E+W+SSection 99 (requirement to transmit copy of public analyst’s report to Minister).]

Textual Amendments

7E+W+SSection 109 (institution of proceedings).

Agriculture Act 1970 (c. 40)E+W+S

8E+W+SSection 67 (reports).

9E+W+SSection 80 (institution of prosecutions).

Local Government Act 1972 (c. 70)E+W+S

10E+W+SSection 138 (emergencies and disasters).

Slaughterhouses Act 1974 (c. 3)E+W+S

F24211E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

12E+W+SSection 12(1) (requirement to make byelaws).

F24313E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 1(2).

SCHEDULE 2E+W+S Relaxation of Controls Over Functions Relating to Clean Air and Pollution

Modifications etc. (not altering text)

C63The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Clean Air Act 1956 (c. 52)E+W+S

F2441E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2452E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2463E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2474E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2485E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Clean Air Act 1968 (c. 62)E+W+S

F2496E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Control of Pollution Act 1974 (c. 40)E+W+S

7E+W+SIn section 2—

(a)in subsection (2) (waste disposal plans; power to modify required contents by regulations) omit the words from “but provision may be made by regulations" to the end;

(b)in subsection (3)(a) (duty to consult) in paragraph (vi) omit “and such other persons as are prescribed";

(c)omit subsection (7) (power of Secretary of State to give authority direction as to the time by which it is to perform duty).

8E+W+SIn section 5—

(a)in subsection (1) (application for disposal licence to be made in writing and include prescribed information) omit “and include such information as is prescribed";

(b)in subsection (2) (disposal licences and planning) omit the words from “but provision may be made by regulations" to the end;

(c)in subsection (4)(a) (disposal authority to refer proposal to certain persons) omit “and to any other prescribed person"; and

(d)in subsection (5)(a) (which make similar provision in relation to Scotland) omit “and

(iii)any other prescribed person;”.

9(1)The following provisions (which relate to procedural matters connected with waste disposal) shall cease to have effect, namely—E+W+S

(a)in section 6(1), the words “as to the conditions which are or are not to be specified in a disposal licence, and"; and

(b)in section 11(3)(c) and (4)(a) the words “and to any other prescribed person".

(2)in section 6(4)(a), for “prescribed particulars" substitute “ copies ”.

(3)In section 11(10) for “particulars" substitute “ copies ”.

10(1)The following subsections shall be substituted for subsection (1) of section 13 (dustbins etc.):—E+W+S

“(1)Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice.

(1A)A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.”

(2)In subsection (3) of that section—

(a)for the words “the kind or number of the receptacles required by" there shall be substituted the words “ any requirement specified in ”; and

(b)in paragraph (c), for the words “the kind or number of receptacles" there shall be substituted the words “ any requirement ”.

(3)The following subsections shall be substituted for subsection (5):—

“(5)If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice.

(5A)A person who fails to comply with any requirement specified in the notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £100.”.

(4)In subsection (6), for the words “the kind or number of receptacles" there shall be substituted the words “ any requirement ”.

(5)The following subsections shall be substituted for subsection (7):—

“(7)A notice under subsection (1) or (5) of this section may make provision with respect to—

(a)the size, construction and maintenance of receptacles for controlled waste;

(b)the placing of receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;

(c)the placing of receptacles for that purpose of highways;

(d)the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and

(e)the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises.

(7A)A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on highways unless—

(a)the relevant highway authority have given their consent to their being so placed; and

(b)arrangements have been made as to the liability for any damage arising out of their being so placed.”

11(1)In section 23 (prohibition of parking to facilitate street cleaing) for subsection (2), substitute—E+W+S

“(2)Such a notice must specify the relevant area, the relevant day and the hours in question; and a copy of the notice must—

(a)be served on the occupier of any premises adjoining the relevant area; and

(b)be conspicuously displayed at places in the relevant area.

(2A)The effect of the giving of such a notice and of the service and display of copies of it as required by subsection (2) of this section shall be to suspend during the hours of the relevant day specified in the notice the operation of any provision which is contained in an order under the Road Traffic Regulation Act 1967 or a local enactment and which authorises, designates or regulates the use of a street parking place in the relevant area.

(2B)The authority giving the notice shall cover up traffic signs and parking meters in the relevant area during the hours if the relevant day specified in the notice, but without prejudice to the effect of the notice.”.

(2)Omit section 22(3).

(3)For subsection (5) substitute:—

“(5)If, either before or during the hours on the relevant day which are specified in a notice given by an authority as mentioned in subsection (1) of this section, the authority displays notices in the relevant area stating that the prohibition on parking is not to come into force or is to cease to be in force, the effect of the notices under this subsection shall be to prevent the prohibition coming into force or, as the case may be, to terminate it.”.

(4)After subsection (6) insert:—

“(6A)No authority shall issue a notice under this section whose effect would be to suspend the operation of provisions of an order not made by the highway authority without first consulting the authority who made the order.”.

(5)After subsection (8) insert:—

“(9)In this section “parking meter", “street parking place" and “traffic sign" have the same meanings respectively assigned to them by sections 36(2)(a), 104(1) and 54 of the Road Traffic Regulation Act 1967.”.

12E+W+SIn section 27(1)(b) (interference with receptacles for waste) for “regulations made by virtue of section 13(7)" substitute “ a notice under section 13(1) or (5) ”.

13E+W+SIn section 28(1), (supplementary provisions relating to pipes), omit “in the prescribed form".

14E+W+SIn section 63 (designation of noise abatement zones), except in its applcation to orders made but not confirmed before the passing of this Act, omit the following words—

(a)in subsection (1), “confirmed by the Secretary of State";

(b)in subsection (3), “and confirmed", in both places where they occur; and

(c)in subsection (4), “confirmation and".

15E+W+SOmit section 73(2)(a) (determination by Secretary of State of questions as to local authority area).

F25016E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

17E+W+SIn section 90(2)(b) (interest on sums payable to water or other authorities) for the words from “the rate", in the first place where they occur to the end substitute “ such reasonable rate or rates as the authority may determine ”.

18E+W+SFor Schedule 1 substitute—

“SCHEDULE 1E+W+S Noise Abatement Zones

1Before making a noise abatement order the local authority—

(a)shall serve on every owner, lessee and occupier (other than tenants for a month or any period less than a month) of any of the premises within the area and of a class to which the order will relate; and

(b)shall publish in the London Gazette and once at least in two successive weeks in some newspaper circulating in the area to which the order will relate,

a notice complying with the requirement set out in the following paragraph.

2The requirments referred to in the preceding paragraph are that the notice—

(a)shall state that the local authority propose to make the order, and its general effect;

(b)shall specify a place in the area of the local authority where a copy of the order and of any map or plan referred to in it may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the last publication of the notice; and

(c)shall state that within the said period any person who will be affected by the order may by notice in writing to the local authority object to the making of the order.

3(1)If an objection is duly made to the local authority within the said period, and is not withdrawn, the local authority shall not make the order without first considering the objection.

(2)The local authority may make the order without complying with sub-paragraph (1) of this paragraph if they are satisfied that compliance is unnecessary having regard—

(a)to the nature of the premises to which the order will relate when it comes in to force; or

(b)to the nature of the interests of the persons who have made objections which have not been withdrawn.

(3)Where the order varies or revokes a previous order, the local authority may, in acting under this paragraph disregard any objection to the order which in their opinion amounts in substance to an objection which was made to the previous order.

4(1)Subject to paragraph 5 below, an order shall come into operation on such date after it is made as may be specified in it.

(2)Except in the case of an order revoking an existing order or varying an existing order by excluding from it any specified class of premises, the date specified under sub-paragraph (1) above shall not be a date earlier than one month from the date on which the order is made.

5If, before the date on which the order is to come into operation, the local authority—

(a)passes a resolution postponing the coming into operation of the order; and

(b)publishes a notice stating the effect of the resolution in the London Gazette and once at least in each of two successive weeks in a newspaper circulating in the area to which the order relates,

the order shall, unless there is a further postponement under paragraph (a) above, come into operation in the date specified in the resolution.”

Section 1(3)

SCHEDULE 3E+W+S Relaxion of Controls Over Functions Relating to Amenity Etc.

Modifications etc. (not altering text)

C64The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Commons Act 1876 (c. 56)E+W+S

1E+W+SOmit section 8 (surburban commons procedure).

Commons Act 1899 (c. 30)E+W+S

2(1)In section 2 (procedure for making schemes)—E+W+S

(a)in subsection (1), omit the second sentence;

(b)in subsection (2), for “Board of Agriculture" substitute “ council ”;

(c)in subsection (3), for “Board of Agriculture" and “Board" substitute “ council ”;

(d)in subsection (4), for “Board of Agriculture" and for “Board", in both places where it occurs, substitute “ Council ”.

(2)Accordingly, for section 11 substitute—

“11All expenses of incidental to the preparation and execution of a scheme under this Part of this Act shall be paid by the district council.”.

3E+W+SIn section 12 (contributions towards expenses) omit the words “and subject to the approval of the Local Government Board".

National Parks and Access to the Countryside Act 1949 (c. 97)E+W+S

4E+W+SOmit section 37 (power of Minister to expedite maps etc.).

5E+W+SIn section 61(3), omit paragraph (b) of the proviso (directions as to application of enactments).

F2516E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F251Sch. 3 para. 6 repealed (1.4.2001 (E.); 1.5.2001 (W.); 28.5.2005 (S.)) by 2000 c. 37, s. 102, Sch. 16 Pt. I; S.I. 2001/114, art. 2(k), (with art. 3); S.I. 2001/1410, art. 2(m) (with art. 3); S.I. 2005/423, art. 2(i)

7E+W+SFor section 69 substitute—

“69 Suspension of public access to avoid exceptional risk of fire.

If, upon application made the the county planning authority by any person interested in land comprised in an access agreement or order, or by any other person appearing the that authority to have a sufficient interest in the matter, the authority are satisfied that, by reason of any exceptional conditions of weather for the time being prevailing, access by the public to the land or any part of it is likely to result in fires occurring on it, the authority may direct that subsection (1) of section 60 of this Act shall not have effect in relation to the land during such period as may be specified in the direction.”.

8E+W+SOmit section 79 (access to woodlands).

9E+W+SIn section 80(3), (variation of access agreements) omit “made with the approval of the Minister".

Caravan Sites and Control of Development Act 1960 (c. 62)E+W+S

10(1)In section 3(2) (issue of site licences by local authorities) for the words from “particulars" to the end substitute “ other information as they may reasonably require. ”.E+W+S

(2)In subsections (4) and (5), for “particulars prescribed under" substitute “ information required by virtue of ”.

London Government Act 1963 (c. 33)E+W+S

11E+W+SFor section 58(1) (parks and open spaces) substitute—

“(1)The Open Spaces Act 1906, except section 14 shall have effect as if the London borough councils and the Greater London Council were included among the local authorities to whom it applies.”

Countryside Act 1968 (c. 41)E+W+S

12E+W+SOmit section 17 (access orders: agricultural land).

Caravan Sites Act 1968 (c. 52)E+W+S

13E+W+SFor section 9 substitute—

“9 Power of Secretary of State to direct local authorities to provide sites.

The Secretary of State may, if at any time it appears to him to be necessary so to do, give directions to any local authority to which subsection (1) of section 6 of this Act applies requiring them to provide, pursuant to that section, such sites or additional sites, for the accommodation of such numbers of caravans, as may be specified in the directions ; and any such directions shall be enforceable, on the application of the Secretary of State, by mandamus.”.

Refuse Disposal (Amenity) Act 1978 (c. 3)E+W+S

14E+W+SIn section 3(2) (which empowers a local authority to give notice in the prescribed manner that they propose to remove an abandoned motor vehicle but provides that they shall not be entitled to remove it if the person to whom the notice is given objects to their proposal in the prescribed manner and within the prescribed perriod) omit “in the prescribed manner" and “in the prescribed manner and".

15E+W+SOmit section 4(4) (under which the Secretary of State may by regulations require a local authority by whom a vehicle is disposed of to give such information relating to the disposal as may be prescribed to such person as may be prescribed).

16E+W+SIn section 6(2) (under which a local authority are not entitled to exercise their power too remove refuse other than motor vehicles which is situated on land appearing to the authority to be occupied by any person unless they have given him notice in the prescribed manner that they propose to remove it and he has failed to object to the proposal in the prescribed manner and within the prescribed period) omit “in the prescribed manner" and “in the prescribed manner and".

Section 1(4).

F252SCHEDULE 4E+W+S Relaxation of Controls Over Functions Relating to Weights and Measures and Trade

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 1(5).

F253SCHEDULE 5E+W+S Allotments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 1(6).

SCHEDULE 6E+W+S Relaxation of Controls Over Charges and Rates of Interest Etc.

Town Police Clauses Act 1847 (c. 89)E+W+S

1E+W+SIn section 46 of the Town Police Clauses Act 1847 (drivers of hackney carriages not to act without first obtaining a licence) for the words from “and a fee" to “paid" there shall be substituted the words “ and such fees as the commissioners may determine shall be paid ”.

Modifications etc. (not altering text)

C65The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F2542, 3.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Public Health Act 1936 (c. 49)E+W+S

4E+W+SIn section 291(3) (rates of interest on charges for works)—

(a)after the word “such" there shall be inserted the word “ reasonable ”; and

(b)the proviso shall cease to have effect.

Modifications etc. (not altering text)

C66The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Coast Protection Act 1949 (c. 74)E+W+S

5E+W+SIn section 10(2) of the Coast Protection Act 1949 (regulations as to rates of interest) for the words from “rate" to the end there shall be substituted the words “ reasonable rate as may be determined by the authority ”.

Modifications etc. (not altering text)

C67The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Rag Flock and Other Filling Materials Act 1951 (c. 63)E+W+S

F2556E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2567—9.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Public Libraries and Museums Act 1964 (c. 75)E+W+S

10E+W+SIn section 8(2) of the Public Libraries and Museums Act 1964 (charges for services) the words “noot exceeding such amount as may be specified in that behalf by the Secretary of State" shall cease to have effect.

Modifications etc. (not altering text)

C68The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Theatres Act 1968 (c. 54)E+W+S

11E+W+SIn paragraph 3 of Schedule 1 to the Theatres Act 1968 (fees for licences) for the words “fee as may be prescribed by the Secretary of State by order made by statutory instrument" there shall be substituted the words “ reasonable fee as the authority may determine ”.

Modifications etc. (not altering text)

C69The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Mines and Quarries (Tips) Act 1969 (c. 10)E+W+S

12E+W+SIn section 23(5) of the Mines and Quarries (Tips) Act 1969 (expenses) for the words “rate as may be specified by order made by the Minister" there shall be substituted the words “ reaonable rate as the authority may determine ”.

Modifications etc. (not altering text)

C70The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Poisons Act 1972 (c. 66)E+W+S

In section 5(3) of the Poisons Act 1972 for the words “the prescribed fees" there shall be substituted the words “ any fees determined by the authority under section 6(2) below ”.

(2)In section 6(2) of that Act for the words “fees as may be prescribed" there shall be substituted the words “ reasonable fees as the authority may determine ”.

Modifications etc. (not altering text)

C71The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Greater London Council (General Powers) Act 1972 (c. xl)E+W+S

14E+W+SIn section 19(6)(a) of the Greater London Council (General Powers) Act 1972 (by virtue of which a London borough council may recover expenses in respect of the restoration of gas and electricity services, together with interest) after the word “thereon" there will be inserted the words “ at such reasonable rate as the borough council may determine ”.

Modifications etc. (not altering text)

C72The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Breeding of Dogs Act 1973 (c. 60)E+W+S

F25715E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F257Sch. 6 para. 15 repealed (31.12.1999) by 1999 c. 11, ss. 10, 11(2), Sch.

Local Government (Scotland) Act 1973 (c. 65)E+W+S

16E+W+SIn section 121(1) omit the words “section 10(2) of the Coast Protection Act 1949" and “section 23(5) of the Mines and Quarries (Tips) Act 1969".

Modifications etc. (not altering text)

C73The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F25817—20.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)E+W+S

21E+W+SIn the following provisions of the Local Government (Miscellaneous Provisions) Act 1976, namely—

(a)section 24(6) (expenses in relation to dangerous trees); and

(b)section 33(3) (expenses in relation to the restoration or continuation of a supply of water, gas or electricity),

for the words “the rate fixed by section 171(2) of the Local Government Act 1972", in both places where they occur, there shall be substituted the words “ such reasonable rate as the council may determine ”.

Modifications etc. (not altering text)

C74The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 1(7), (8).

SCHEDULE 7E+W+S

Part IE+W+S Highways

Relaxation of Ministerial controls over the provision of ferriesE+W+S

1(1)So much of section 53 of the M98National Parks and Access to the Countryside Act 1949 (ferries for purposes of long-distance routes)—E+W+S

(a)as makes the exercise of a highway authority’s powers subject to the approval of any Minister; or

(b)as confers upon any Minster any power to give a local highway authority directions,

shall cease to have effect.

(2)F259

Textual Amendments

Marginal Citations

M981949 c. 97 (46:1).

Relaxation of Ministerial controls in respect of footpaths and bridlewaysE+W+S

(1)

2F260(2)In section 30 of that Act (which relates to the making up of new footpaths and bridleways)—E+W+S

(a)subsections (2) and (3) (which relate to the settlement by the Secretary of State of disputes as to works for that purpose) shall cease to have effect; and

(b)in subsection (4) (which relates to the carrying out of such works and the recovery of expenses incurred in carrying them out), for the words from the beginning to “thereof", in the first place where it occurs, there shall be substituted the words “ It shall be the duty of the highway authority to carry out any works specified in a certificate under subsection (1) of this section ”.

(3), (4)

F260(5 )In section 126 of that Act (authorisation of erection of stiles etc. in footpath or bridleway) subsection (2) which gives the Secretary of State power to determine certain disputes about such authorisation) shall cease to have effect.

(6)In section 29(4) of the M99Countryside Act 1968 (by virtue of which a highway authority are required to consult the Minster of Agriculture, Fisheries and Food before refusing to make an order under that section relating to the making giid of the surface of a footpath or bridleway after it has been ploughed up) the words “and the highway authority shall before refusing to make an order under subsection (2) of this section consult the Minister of Agriculture, Fisheries and Food" shall cease to have effect.

Textual Amendments

Modifications etc. (not altering text)

C75The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Abolition of Ministerial powers in respect of certain expensesE+W+S

(1)

3F261(2)The proviso to section 211(3) of that Act (by virtue of which an order may fic the maximum amount to be charged under a charging order in respect of expenditure on street works) shall cease to have effect.E+W+S

(3)F261

Textual Amendments

Modifications etc. (not altering text)

C76The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Abolition of Ministerial powers in relation to toll highwaysE+W+S

4E+W+SIn section 233 of the Highways Act 1959 (transfer of toll highways to highway authorities)—

(a)in subsection (2) (by virtue of which a right to charge highway tolls which is transferred to a county council continues to be exercisable for such number of years only as may be allowed, where the county is in England, by the Minister of Transport, and where it is in Wales, by the Secretary of State) the words from “but" to the end shall cease to have effect; and

(b)in subsection (5) (by virtue of which agreements in relation to toll highways may only be made between two or more county councils with the approval, where their counties are in England, of the Minister of Transport, and where they are in Wales, of the Secretary of State) the words “subject to the approval of the Minister" shall cease to have effect.

Modifications etc. (not altering text)

C77The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F2625E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Abolition of certain procedures for settlement of disputes by MinisterE+W+S

6(1)This paragraph shall have effect for the purpose of abolishing certain powers of the Seecretary of State or the Minister of Transport to determine disputes.E+W+S

(2)The following subsection shall be substituted for section 5(3) of the M100Local Government (Miscellaneous Provisions) Act 1953 (provision of omnibus shelters etc. by local authorities) :—

“(3)Where the consent of the Secretary of State or the Minister of Transport is required under this section, disputes between the Minister whose consent is required and the local authority as to whether the consent of that Minister is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any shelter or other accommodation in accordance with any condition of the consent is reasonable required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers.”.

(3)In section 108(10) of the M101Highways Act 1959 (which provides that any consent of an authority which is required for the diversion of a highway shall not be unreasonably withheld) the words “and any question arising under this subsection whether the eithholding of a consent is unreasonable shall be determined by the Minister" shall cease to have effect.

(4)Section 246(2) of that Act (disputes as to nature of sums paid or recovered under Act) shall cease to have effect.

(5)

F263(6)Section 29(3) of the M102Local Government Act 1966 (which gives a lighting authority a right to appeal in case of dispute as to the exercise of their powers for purposes of the lighting of a highway for which they are not the highway authority) shall cease to have effect.

Textual Amendments

Modifications etc. (not altering text)

C78The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Abolition of certain Ministerial controls relating to structures on and near highwayE+W+S

7E+W+SThe following provisions, namely—

(a)in the M103Highways Act 1959—

(i)the proviso to section 73(1) (requirement to notify of proposed building lines for classified roads); and

(ii)sections 95 and 96 (regulations about cattlegrids);

and

(b)section 120 of the Transport Act 1968 (orders prescribing minimum heights for parapets of bridges carrying roads over railways);

shall cease to have effect.

Modifications etc. (not altering text)

C79The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Miscellaneous amendments of Highway Acts and associated legislationE+W+S

8(1)Section 280(2), (3) and (4) of the Highways Act 1959 (which give powers ti prescribe the form of various notices, orders, advertisements, certificates and other documents and provise that if forms are prescribed in exercise of those powers, those forms or forms to the like effect shall be used in all cases to which those forms are applicable) shallcease to have effect.E+W+S

(2)The following enactments, namely—

(a)section 288 of the Highways Act 1959;

(b)section 16(4) of the Highways (Miscellaneous Provisions) Act 1961; and

(c)Section 85 of the Highways Act 1971,

each of which gives a power to repeal or amend local Acts) shall cease to have effect.

(3)The repeal of the enactments specified in sub-paragraph (2) above shall not affect any application made under any of them before the passing of this Act; and any power conferred by any of them may accordingly be exercised after the passing of this Act in pursuance of any applciation.

(4)Any order made under an enactment specified in sub-paragraph (2) above shall continue to have effect notwithstanding the repeal of that enactment.

Modifications etc. (not altering text)

C80The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F2649—13.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Traffic on bridges etc.E+W+S

14(1)The following enactments (which relate to the control of traffic on brisges and, amongst other things, give certak=in powers in relation to its control) shall cease to have effect—E+W+S

(a)section 6 of the M104Locomotive Act 1861;

(b)section 7 of the M105Locomotives Act 1898;

(c)section 11 of the M106Ministry of Transport Act 1919;

(d)section 17 of the M107Road Traffic Regulation Act 1967.

(2)Nothing in sub-paragraph (1) abvoe shall effect—

(a)any requirement to obtain consent under section 6 of the M108Locomotive Act 1861 which subsists at the passing of this Act by virtue of the placing of a notice on any bridge, or an yliability for failure to obtain consent under that section; or

(b)any appeal to the Minister of Transport or, as the case may be, to the Secretary of State, under section 7 of the M109Locomotives Act 1898 or section 11 of the M110Ministry of Transport Act 1919 which is pending on the passing of this Act.

(3)From the passing of this Act any notice placed on a bridge by authority of a person such as is mentioned in section 6 of the M111Locomotive Act 1861 shall be deemed to have been placed there—

(a)if the bridge is outside Greater London, in pursuance of an order under section 1 of the Road Traffic Regulation Act [F2651984], and

(b)if it is in Greater London, in pursuance of an order under section 6 of that Act.

(4)Nothing in this paragraph affects a bridge which does not carry a road (within the meaning of [F266section 142] of the Road Traffic Regulation Act [F2651984]

Textual Amendments

Modifications etc. (not altering text)

C81The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1081861 c. 70 (107:1).

M1091898 c. 29 (107:1).

M1111861 c. 70 (107:1).

MiscellaneousE+W+S

15(1)Section 1(9) of the Road Traffic Regulation Act 1967 (power of appropriate Minister to repeal local Acts extending the powers of section 26 of the M112Road Traffic Act 1960) shall cease to have effect.E+W+S

(2)Any order made under section 1(9) of the Road Traffic Regulation Act 1967 shall continue to have effect notwithstanding the repeal of that subsection.

Modifications etc. (not altering text)

C82The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Section 53.

F267SCHEDULE 8E+W Enactments Mentioned in Section 53(11)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F267Sch. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

Section 55.

F268SCHEDULE 9E+W Domestic Rate Relief Grant

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 63

F269SCHEDULE 10E+W Adjustment of Block Grant in Connection with Education etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F270SCHEDULE 11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F271SCHEDULE 12E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 81.

SCHEDULE 13E+W

F2721—8.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2739E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27410E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F275SCHEDULE 14E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 90.

SCHEDULE 15E+W

F2761E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2772—15.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27816E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27917—20.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28021E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28122E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28223E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28324E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28425—28.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 93.

SCHEDULE 16E+W Bodies to whom Part X Applies

Modifications etc. (not altering text)

[F2851AE+WA county borough council.]

Textual Amendments

F285Sch. 16 para. 1A inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 59(5); S.I. 1996/396, art. 4, Sch. 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2E+WA district council.

F2863E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F286Sch. 15 para. 24, Sch. 16 para. 3, Sch. 32 Pt. III para. 23(3) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

4E+WA London borough council.

5E+WThe Common Council of the City of London.

[F287F2885AE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

5BE+WA joint authority established by Part IV of the Local Government Act 1985.

Modifications etc. (not altering text)

C84Para. 5B amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(5)

[F2895BBE+W The London Fire and Emergency Planning Authority.]

Textual Amendments

[F2905CE+WA police authority established under [F291section 3 of the Police Act 1996].]

Textual Amendments

F290Sch. 16 para. 5C inserted (1.10.1994 for certain purposes and 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 22; S.I. 1994/2520, art. 6(1)(2)(6); S.I. 1994/3262, art. 4, Sch.

[F2925CCE+W The Metropolitan Police Authority.]

Textual Amendments

F2935DE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F293Sch. 16 para. 5D repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, Sch. 6 Pt. II para. 38, Sch. 7 Pt. V; S.I. 2002/344, art. 3(j)(k)(m) (with transitional provisions in art. 4)

6E+WThe Commission for the New Towns.

7E+WA development corporation established under the [F294M113New Towns Act 1981]

Textual Amendments

Marginal Citations

M1131981 c. 64 (123:3).

8E+WAn urban development corporation established under this Act.

[F2958AE+WA housing action trust established under Part III of the Housing Act 1988.]

Textual Amendments

9E+WThe Housing Corporation.

[F2969aE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F296Sch. 16 para. 9A repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5

F29710E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

11E+WThe Civil Aviation Authority.

12E+WBritish Shipbuilders.

F29813E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

14E+W[F299The Coal Authority]

Textual Amendments

F299Words in Sch. 16 para. 14 substituted (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 25(2) (with ss. 40(7), 66); S.I. 1994/2553, art. 2

15E+WThe British Broadcasting Corporation.

F30016E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30117E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F301Sch. 16 para. 17 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2

[F30217AE+WThe National Rivers Authority]

Textual Amendments

18E+WStatutory undertakers.

In paragraph 18 above “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal inland navigation, dock or harbour undertaking, or any undertaking for the supply of F303, F304[F305or hydraulic power]

Provided that where any persons carry on a business to the main purpose of which any such undertaking is merely ancillary those persons shall not be treated as statutory undertakers for the purposes of paragraph 18 above.

Textual Amendments

Section 101.

SCHEDULE 17U.K. Community Land Act

Part IU.K. Preliminary

1(1)In this Schedule “the 1975 Act” means the M114Community Land Act 1975.E+W+S

(2)In this Schedule references to sections, Schedules and Parts are to those of the 1975 Act (unless the contrary is indicated).

(3)In this Schedule “the 1971 Act” means the M115Town and Country Planning Act 1971 and “the Scottish Act of 1972” means the M116Town and Country Planning (Scotland) Act 1972.

Marginal Citations

M1151971 c. 78 (123:1).

M1161972 c. 52 (123:2).

Part IIE+W+S Repeals

2E+W+SSubject to the following provisions of this Schedule, the 1975 Act shall be repealed on the passing of this Act.

3(1)The following provisions of the 1975 Act shall be repealed on the appointed day:—E+W+S

  • section 1 (authorities),

  • section 2 (joint boards),

  • in section 6, in subsection (1) the definitions of enactment, local authority and new town authority, and subsection (6),

  • section 7 and Schedule 2 (appointed days etc.),

  • section 26 (compensation payable in transaction between certain authorities),

  • section 40 (grants to authorities who buy or rent Crown land),

  • section 43 (accounts and records),

  • section 44 (community land surplus accounts), except (in subsection (3) the words from “or (b)" to the end,

  • section 51 (power to obtain information),

  • section 52 (service of documents),

  • section 53 (orders),

  • section 54 (directions and consents),

  • section 55 (local inquiries),

  • section 56 (offences by corporations),

  • section 57 (finance),

  • section 58 (extent etc.).

(2)In sub-paragraph (1) above “the appointed day” means, in relation to any provision of the 1975 Act, the day appointed for its repeal by an order of the Secretary of State made by statutory instrument.

(3)Different days may be so appointed in relation to different provisions of the 1975 Act or for different purposes in relation to any such provision.

Modifications etc. (not altering text)

C85Power of appointment conferred by para. 3(2) fully exercised in England, Scotland and Wales : 1.6.1983 appointed by S.I. 1983/673, art. 2

Part IIIU.K. Provisions Re-Enacted Etc.

F3064E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

5U.K.Each provision of the 1975 Act mentioned in column 1 below is re-enacted (in certain cases with modifications) in the corresponding provision of this Act mentioned in column 2—

1975 ACTTHIS ACT
Section 37 (acquisition and disposal of land by the Crown)Section 122
Section 38 (acquisition of land by Crown in Northern Ireland)Section 123
[F307Section 41 (exclusion of special parliamentary procedure)][F307Section 120]
Section 47 (certification of appropriate alternative development)Section 121
In Schedule 10 (minor and consequential amendments)—
paragraph 2Schedule 33, paragraph 1
paragraph 3Schedule 33, paragraph 3
paragraph 4(1) to (3) and (5)Schedule 33, paragraph 5
paragraph 5(1) to (3) and (5)Schedule 33, paragraph 7
paragraph 6(1)(a)Schedule 15, paragraph 2
paragraph 7(1)(a)Section 92(1)
paragraph 8(2)Schedule 33, paragraph 13

Textual Amendments

Part IVE+W+S Savings and Supplementary

GeneralE+W+S

6E+W+SThis Part of this Schedule contains savings and supplementary provisions in respect of certain provisions of the 1975 Act repealed by this Act.

OffencesE+W+S

7E+W+SNo repeal by section 101 above and this Schedule affects liability for any offence committed before the repeal takes effect.

Suspension of planing permissionE+W+S

8(1)Sub-paragraphs (2) to (5) below shall have effect in consequence of the repeal by this Act of section 22.E+W+S

(2)Where planning permission has been suspended under section 19 or 20—

(a)no enforcement notice under Part V of the 1971 Act or under Part V of the Scottish Act of 1972 may be served after the passing of this Act if it could not have been served before then apart from section 22(1);

(b)if such a notice has been served before the passing of this Act and it could not have been served apart from section 22(1), the notice shall be disregarded (subject to paragraph 7 above, which has the effect of saving liability for an offence committed before the repeal of section 22(1).

(3)Where planning permission has been suspended under section 19 or 20, in determining, after the passing of this Act, the value of any land for the purpose of compensation, section 22(2) and (3) shall be ignored.

(4)Where—

(a)planning permission has been suspended under section 19 or 20, and

(b)by virtue of section 22(6) the right to serve a blight notice has arisen in respect of an interest in any land (“the blighted land"), and

(c)a notice has been served in respect of the interest before the passing of this Act,

then, notwithstanding the repeal of section 22, 192(1) of the 1971 Act (and in Scotland section 181(1) of the Scottish Act of 1972) shall continue to have effect as if the land specified therein included the blighted land.

(5)Where planning permission has been suspended under section 19 or 20 and a time limit is accordingly extended under section 22(7), the period of the extension shall expire on the ending of the suspension by virtue of this Act (if it has not expired before then.)

Land Authority for WalesE+W+S

F3089E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

LandE+W+S

10(1)This paragraph applies where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act.E+W+S

(2)In that case, section 15 shall continue to apply as it applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

11(1)Where, immediately before the passing of this Act, an authority holds land for the purposes of Part III, the land shall on the passing of this Act be treated as follows.E+W+S

(2)Land held by the council of a county, district or London borough, the Common Council of the City of London, the Greater London Council or the Council of the Isles of Scilly shall be treated as if it had been acquired by the council concerned for planning purposes (within the meaning of section 133(1) of the 1971 Act).

(3)Land held by a regional, general or district planning authority shall be treated as if it had been acquired by the authority concerned for planning purposes (within the meaning of section 122(1) of the Scottish Act of 1972).

(4)Land held by a new town authority (that is, a development corporation as defined in section 2 of the M117New Towns Act 1965, or in section 2 of the M118New Towns (Scotland) Act 1968) shall be treated as if it had been acquired by the authority under that Act.

(5)Land held by the Peak Park Joint Planning Board or the Lake District Special Planning Board shall be treated as if it had been acquired by the Board concerned under section 119 of this Act.

Marginal Citations

M1181968 c. 16 (123:4).

General duties of authoritiesE+W+S

12(1)Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal of section 17 and Schedule 6.E+W+S

(2)In exercising any function after the passing of this Act an authority need not have regard to the matters specified in section 17 and Schedule 6.

(3)In disposing, or agreeing to dispose, of an interest in land after the passing of this Act, an authority need not have regard to an application (whenever made) under paragraph 2 of Schedule 6.

Planning permission for relevant developmentE+W+S

13(1)Sub-paragraphs (2) to (8) below shall have effect in consequence of the repeal by this Act of sections 19 and 20 and Schedule 7.E+W+S

(2)Where an election is made under section 19(2) before the passing of this Act, an authority on whom the notice is served need not—

(a)send a copy to any other authority under section 19(2), or

(b)serve a notice under paragraph 4 of Schedule 7 (notice about intention to acquire).

(3)Where an application is made before the passing of this Act for planning permission to which section 20 applied immediately before the passing of this Act, an authority need not serve a notice under paragraph 5 of Schedule 7.

(4)An authority who have before the passing of this Act abandoned their power to purchase land (as mentioned in section 19(5) or 20(2) are not prevented by section 19(5) or 20(2) from acquiring the land under the 1971 Act or under the Scottish Act 1972 in pursuance of a compulsory purchase order.

(5)Planning permission suspended before the passing of this Act by virtue of section 19(6) or 20(3) shall on the passing of this Act no longer be suspended.

(6)Any notice served under paragraph 4 or 5 of Schedule 7 before the passing of this Act shall cease to be a local land charge on the passing of this Act; and where any such notice has been registered as a local land charge the registration shall, without prejudice to any rules made under the M119Local Land Charges Act 1975, be cancelled accordingly.

(7)No authority is under a duty to serve a notice under paragraph 6 of Schedule 7 after the passing of this Act.

(8)After the passing of this Act, no copy of an application or notification (in each case, whenever made) need be sent under Part III of Schedule 7 (transmission of information).

Marginal Citations

Disposal notification areasE+W+S

14E+W+SAny saving having effect immediately before the passing of this Act by virtue of pargraph 7 of Schedule 8 shall continue to have effect notwithstanding the repeal of that paragraph by this Act.

Direction to dispose of landE+W+S

15E+W+SThe repeal by this Act of section 45 does not affect a direction made under that section before the passing of this Act.

Section 102.

F309SCHEDULE 18E+W The Land Authority for Wales

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 103.

F311SCHEDULE 19E+W Public Authorities

Textual Amendments

1E+WThe public authorities for the purposes of section 103(5) above are—

(a)a county council,

[F312(aa)a county borough council,

(ab)a joint planning board in Wales,]

(b)a district council,

(c)a community council,

(d)a Government department,

(e)the Welsh Development Agency,

F313(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F314(fa)a National Park authority;]

(g)a development corporation of a new town whose area (as designated by an order under section 1 of the M120New towns Act 1965) is wholly or partly situated in Wales,

(h)any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry, and

(i)statutory undertakers.

Textual Amendments

Marginal Citations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 104.

F318SCHEDULE 20E+W Land Authority for Wales: Acquisition of Land

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 106.

F332SCHEDULE 21E+W Land Authority for Wales: Further Provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 110.

F342SCHEDULE 22E+W+N.I. Supplementary Provisions (Wales)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 118.

SCHEDULE 23E+W+S Land : Miscellaneous Amendments

Part IS Amendments of Acquisition of Land (Authorisation Procedure) Act 1946

F3441S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part IIE+W+S Amendments of National Parks and Access to the Countryside Act 1949

Modifications etc. (not altering text)

C87The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2(1)Subsection (4) of section 77 of the M135National Parks and Access to the Countryside Act 1949 (under which the power to acquire land for public access to the open country in a National Park is in certain circumstances exercisable by the Minister of Agriculture, Fisheries and Food) shall cease to have effect.E+W+S

(2)Accordingly, in subsections (5) of that section, for the words from the beginning to “be" there shall be substituted the words “ The Secretary of State ”.

Marginal Citations

Part IIIE+W+S Amendments of Town and Country Planning Act 1959

Modifications etc. (not altering text)

C88The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

3E+W+SThe following subsection shall be substituted for section 23(2) of the M136Town and Country Planning Act 1959:—

“(2)Before exercising any power of appropriation in relation to land which consists or forms part of open space, not being land which consists or forms part of a common or of a fuel or field garden allotment, an authority to whom this Part of this Act applies—

(a)shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and

(b)shall consider any objections to the proposed appropriation which may be made to them.”.

Marginal Citations

4E+W+SIn section 23(3) of that Act the words following paragraph (ii) shall cease to have effect.

5E+W+SThe following subsection shall be substituted for subsection (2) of section 26 of that Act (disposal):—

“(2)Before disposing of any land which consists or forms part of an open space, not being land which consists or form a part of a common or of a fuel or field garden allotment, an authority to which this Part of this Act applies—

(a)shall publish notice of their intention to do so for at least two consecutive weeks in a newspaper circultaing in their area; and

(b)shall consider any objections to the proposed disposal which may be made to them.”.

6E+W+SIn the said section 26—

(a)subsection (3); and

(b)in subsection (5), the words following paragraph (ii)

shall cease to have effect.

7E+W+SSection 30(5) (supplementary) of that Act shall cease to have effect.

F3458—11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part VE+W+S Amendments of Local Government Act 1972

Modifications etc. (not altering text)

C89The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

12(1)In section 122 of the M137Local Government Act 1972 (appropriation of land by principal councils) the words in subsection (2) following paragraph (b) shall cease to have effect.E+W+S

(2)The following subsections shall be inserted after that subsection:—

“(2A)A principal council may not appropriate under subsection (1) above any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them.

(2B)Where land appropriated by virtue of subsection (2A) above is held—

(a)for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

(b)in accordance with section 10 of the Open Space Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.”.

Marginal Citations

13E+W+SSubsections (3) and (5) of that section shall cease to have effect.

14E+W+SThe following subsections shall be inserted after subsection (2) of section 123 of that Act (disposal of land by principal councils):—

“(2A)A principal council may not dispose under subsection (1) above any land consisting or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.

(2B)Where by virtue of subsection (2A) above a council dispose of land which is held—

(a)for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

(b)in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the disposal be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.”.

15E+W+SSubsections (3), (4) and (5) of that section shall cease to have effect.

16E+W+SSection 123A of that Act (consent for disposals of land by principal councils) shall cease to have effect.

17(1)In section 126 of that Act (appropriation of land by parish and community councils and by parish meetings) the words in subsection (4) following paragraph (b) shall cease to have effect.E+W+S

(2)The following subsections shall be inserted after that subsection:—

“(4A)Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objetions to the proposed appropriation which may be made to them.

(4B)Where land is appropriated by virtue of subsection (4A) above is held—

(a)for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

(b)in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.”.

18E+W+SSubsection (5) of that section shall cease to have effect.

19E+W+SThe following subsection shall be substituted for section 127(3) of that Act (which applies certain provisions of section 123 to disposals of land held by parishes and communities):—

“(3)Subsections (2A) and (2B) of section 123 above shall apply in relation to the disposal of land under this section as they apply inr elation to the disposal of land under that section, with the substitution of a reference to a parish or community council or the parish trustees of a parish for the reference to a principal council in the said subsection (2A).”.

20E+W+SThe following definition shall be inserted in section 270(1) of that Act after the definition of “1963 Act" :—

““open space” has the meaning assigned to it by section 290(1) of the Town and Country Planning Act 1971 ;”.

Part VIE+W+S Amendment of Local Government (Scotland) Act 1973

Modifications etc. (not altering text)

C90The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

21E+W+SSection 74A of the M138Local Government (Scotland) Act 1973 (no local authority in Scotland to dispose of certain interests in land without Secretary of State’s consent) shall cease to have effect.

Marginal Citations

Section 121.

SCHEDULE 24E+W+S Land Compensation Acts as Amended

Part IE+W+S Section 17 of M139Land Compensation Act 1961

Marginal Citations

Certification of appropriate alternative development.E+W+S

17(1)Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, and that land or part thereof does not consist or form part of—

(a)an area defined in the development plan as an area of comprehensive development, or

(b)an area shown in the development plan as an area allocated primarily for a use which is of a residential, commercial or industrial character, or for a range of two or more uses any of which is of such a character,

then, subject to subsection (2) of this section, either of the parties directly concerned may apply to the local planning authority for a certificate under this section.

(2)If, in the case of an interest in land falling within subsection (1) of this section, the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority, and a reference has been made to the Lands Tribunal to determine the amount of the compensation payable in respect of that interest, no application for a certificate under this section shall be made by either of the parties directly concerned after the date of that reference except either—

(a)with the consent in writing of the other of those parties, or

(b)with the leave of the Lands Tribunal.

(3)An application for a certificate under this section—

(a)shall state whether or not there are, in the applicant’s opinion, any classes of development which, either immediately or at a future time, would be appropriate for the land in question if it were not proposed to be acquired by any authority possessing compulsory purchase powers and, if so, shall specify the classes of development and the times at which they would be so appropriate;

(b)shall state the applicant’s grounds for holding that opinion; and

(c)shall be accompanied by a statement specifying the date on which a copy of the application has been or will be served on the other party directly concerned.

(4)Where an application is made to the local planning authority for a certificate under this section in respect of an interest in land, the local planning authority shall, not earlier than twenty-one days after the date specified in the statement mentioned in paragraph (c) of subsection (3) of this section, issue to the applicant a certificate stating either of the following to be the opinion of the local planning authority regarding the grant of planning permission in respect of the land in question, if it were not proposed to be acquired by an authority possessing compulsory purchase powers, that is to say—

(a)that planning permission for development of one or more classes specified in the certificate (whether specified in the application or not) would have been granted; or

(b)that planning permission would not have been granted for any development other than the development (if any) which is proposed to be carried out by the authority by whom the interest is proposed to be acquired.

(5)Where, in the opinion of the local planning authority, planning permission would have been granted as mentioned in paragraph (a) of subsection (4) of this section, but would only have been granted subject to conditions, or at a future time, or both subject to conditions and at a future time, the certificate shall specify those conditions, or that future time, or both, as the case may be, in addition to the other matters required to be contained in the certificate.

(6)For the purposes of subsection (5) of this section, a local planning authority may formulate general requirements applicable to such classes of case as may be described therein; and any conditions required to be specified in the certificate in accordance with that subsection may, if it appears to the local planning authority to be convenient to do so, be specified by reference to those requirements, subject to such special modifications thereof (if any) as may be set out in the certificate.

(7)In determining, for the purposes of the issue of a certificate under this section, whether planning permission for any particular class of development would have been granted in respect of any land, the local planning authority shall not treat development of that class as development for which planning permission would have been refused by reason only that it would have involved development of the land in question (or of that land together with other land) otherwise than in accordance with the provisions of the development plan relating thereto.

(8)Where an application for a certificate under this section relates to land of which part (but not the whole) consists or forms part of such an area as is mentioned in paragraph (a) or paragraph (b) of subsection (1) of this section, any certificate issued under this section in pursuance of that application shall be limited to so much of that land as does not fall within any such area.

(9)On issuing to one of the parties directly concerned a certificate under this section in respect of an interest in land, the local planning authority shall serve a copy of the certificate on the other of those parties.

Part IIE+W+S Section 25 of M140Land Compensation (Scotland) Act 1963

Marginal Citations

Certification of appropriate alternative development.E+W+S

25(1)Where an interest in land is proposed to be acquired by an an authority possessing compulsory purchase powers, and that land or part thereof does not consist or form part of—

(a)an area defined in the development plan as an area of comprehensive development, or

(b)an area shown in the development plan as an area allocated primarily for a use which is of a residential, commercial or industrial character, or for a range of two or more uses any of which is of such a character,

then, subject to subsection (2) of this section, either of the parties directly concerned may apply to the planning authority for a certificate under this section.

(2)If, in the case of an interest in land falling within subsection (1) of this section, the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority, and a reference has been made to the Land Tribunal for Scotland to determine the amount of the compensation payable in respect of that interest, no application for a certificate under this section shall be made by either of the parties directly concerned after the date of that reference except either—

(a)with the consent in writing of the other of those parties, or

(b)with the leave of the Lands Tribunal for Scotland.

(3)An application for a certificate under this section—

(a)shall state whether or not there are in the applicant’s opinion, any classes of development which, either immediately or at a future time, would be appropriate for the land in question if it were not proposed to be acquired by any authority possessing compulsory purchase powers and, if so, shall specify the classes of development and the times at which they would be so appropriate;

(b)shall state the applicant’s grounds for holding that opinion; and

(c)shall be accompanied by a statement specifying the date on which a copy of the application has been or will be served on the other party directly concerned.

(4)Where an application is made to the planning authority for a certificate under this section in respect of an interest in land, the planning authority shall, not earlier than twenty-one days after the date specified in the statement mentioned in subsection (3)(c) of this section, issue to the applicant a certificate stating that, in the opinion of the planning authority in respect of the land in question, either—

(a)planning permission for development of one or more classes specified in the certificate (whether specified in the application or not) would have been granted; or

(b)planning permission would not have been granted for any development other than the development (if any) which is proposed to be carried out by the authority by whom the interest is proposed to be acquired.

(5)Where, in the opinion of the planning authority, planning permission would have been granted as mentioned in subsection (4)(a) of this section, but would only have been granted subject to conditions, or at a future time, or both subject to conditions and at a future time the certificate shall specify those conditions, or that future time, or both, as the case may be, in addition to the other matters required to be contained in the certificate.

(6)For the purposes of subsection (5) of this section, a planning authority may formulate general requirements applicable to such classes of case as may be described therein; and any conditions required to be specified in the certificate in accordance with that subsection may, if it appears to the planning authority to be convenient to do so, be specified by reference to those requirements, subject to such special modifications thereof (if any) as may be set out in the certificate.

(7)In determining, for the purposes of the issue of a certificate under this section, whether planning permission for any particular class of development would have been granted in respect of any land, the planning authority shall not treat development of that class as development for which planning permission would have been refused by reason only that it would have involved development of the land in question (or of that land together with other land) otherwise than in accordance with the provisions of the development plan relating thereto.

(8)Where an application for a certificate under this section relates to land of which part (but not the whole) consists or forms part of such an area as is mentioned in subsection (1)(a) or subsection (1)(b) of this section, any certificate issued under this section in pursuance of that application shall be limited to so much of that land as does not fall within any such area.

(9)On issuing to either of the parties directly concerned a certificate under this section in respect of an interest in land, the planning authority shall serve a copy of the certificate on the other of those parties.

Section 133.

SCHEDULE 25E+W+S New Towns

F3461—6.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part IIE+W+S Amendment of M141New Towns (Scotland) Act 1968

Modifications etc. (not altering text)

C91The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

7E+W+SIn section 18(4) of the 1968 Act, after “disposal thereof by way of" insert “ sale ”.

Part IIIE+W+S Amendment of Land Compensation Act 1961

Modifications etc. (not altering text)

C92The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

8(1)After paragraph 8 of Schedule 1 to the M142Land Compensation Act 1961 (disregard of development in certain cases, including cases where land forms part of a new town area) there shall be inserted the following:E+W+S

“9(1)This paragraph applies where, before the date of service of the notice to treat for the purposes of a compulsory acquisition (the relevant acquisition), the land has been disposed of by an authority or body in circumstances where paragraph 3 or 3A of this Schedule would have applied if (at the time of the disposal) the authority or body had been compulsorily acquiring the land.

(2)In that case, paragraphs 3 and 3A shall not apply for the purposes of the relevant acquisition.”

(2)This paragraph does not apply where a notice to treat has been served before this paragraph comes into force.

Marginal Citations

Part IVE+W+S Amendments of Land Compensation (Scotland) Act 1963

Modifications etc. (not altering text)

C93The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

9(1)In Schedule 1 to the M143Land Compensation (Scotland) Act 1963 there shall be inserted below the words “Schedule 1" a new cross heading “ Part I ” and at the end of that Schedule there shall be added the following:—E+W+S

“Part IIE+W+S Special Provision as to New Towns

5(1)This paragraph applies where, before the date of service of the notice to treat for the purposes of a compulsory acquisition (the relevant acquisition), the land has been disposed of by an authority or body in circumstances where paragraph 3 or 3A of this Schedule would have applies if (at the time of the disposal) the authority or body had been compulsorily acquiring the land.

(2)In that case, paragraphs 3 and 3A shall not apply for the purposes of the relevant acquisition.”.

(2)(a)in sections 13, 14 and 15 of the said Act after the words “first column" and the words “second column" wherever they occur there shall be inserted the words “ of Part I ”;

(b)in section 13 of the said Act after subsection (2) there shall be inserted a new subsection as follows:

“(2A)The provisions of Part II of Schedule 1 to this Act shall have effect with regard to paragraphs 3 and 3A of Part I of that Schedule.”.

(3)This paragraph shall not apply where a notice to treat has been served before this paragraph comes into force.

Marginal Citations

Section 135.

[F347SCHEDULE 26U.K. Urban Development Corporations

Textual Amendments

F347Sch. 26 shall cease to have effect for specified purposes (E.W.) (1.10.1996) by virtue of 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 22(1)(b)(3); S.I. 1996/2402, art. 3, Sch.

MembersE+W+S

1E+W+SAn urban development corporation (in this Schedule referred to as a “corporation") shall consist of a chairman, a deputy chairman and such number of other members (not less than five but not exceeding 11) as the Secretary of State may by order under section 135 above prescribe.

2(1)The members of a corporation shall be appointed by the Secretary of State.E+W+S

(2)In appointing members of the corporation the Secretary of State shall have regard to the desirability of securing the services of people having special knowledge of the locality in which the urban development area is or will be situated.

(3)In relation to the possible appointment of people falling within sub-paragraph (2) above, the Secretary of State shall consult such local authorities as appear to him to be concerned with the regeneration of the urban development area.

(4)The Secretary of State shall appoint two of the members to be respectively chairman and deputy chairman of the corporation.

3E+W+SSubject to the following provisions of this Schedule, a member of the corporation, and the chairman and deputy chairman of the corporation, shall hold and vacate office as such in accordance with the terms of the instrument by which they are respectively appointed.

4E+W+SIf the chairman or deputy chairman ceases to be a member of the corporation, he shall also cease to be chairman or deputy chairman, as the case may be.

5E+W+SAny member of the corporation may, by notice in writing addressed to the Secretary of State, resign his membership; and the chairman or deputy chairman may, by the like notice, resign his office as such.

6E+W+SIf the Secretary of State is satisfied that a member of the corporation (including the chairman or deputy chairman)—

(a)has become bankrupt or made an arrangement with his creditors (or in Scotland has had his estate sequestrated or has made a trust deed for the behoof of his creditors or a composition contract), or

(b)is incapacitated by physical or mental illness, or

(c)has been absent from meetings of the corporation for a period longer than 3 consecutive months without the permission of the corporation, or

(d)is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member,

the Secretary of State may remove him from his office.

7E+W+SA member of the corporation who ceases to be a member or ceases to be chairman or deputy chairman shall be eligible for reappointment.

RemunerationE+W+S

8E+W+S The corporation may pay to each member such remuneration and allowances as the Secretary of State may determine [F348with the consent of the Minister for the Civil Service].

Textual Amendments

F348Words in Sch. 26 para. 8 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3, Sch.

Modifications etc. (not altering text)

C94Sch. 26 para. 8: certain functions of the Minister for the Civil Service transferred to the Treasury by S.I. 1981/1670, art. 2; and any requirement in Sch. 26 for the consent or approval of the Treasury shall cease to have effect (E.W.) (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 22(1)(b)(3); S.I. 1996/2402, art. 3, Sch.

9E+W+S The corporation may pay or make provision for paying, to or in respect of any member, such sums by way of pensions, allowances and gratuities as the Secretary of State may determine [F349with the consent of the Minister of the Civil Service].

Textual Amendments

F349Words in Sch. 26 para. 9 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3, Sch.

Modifications etc. (not altering text)

C95Sch. 26 para. 9: certain functions of the Minister for the Civil Service transferred to the Treasury by S.I. 1981/1670, art. 2; and any requirement in Sch. 26 for the consent or approval of the Treasury shall cease to have effect (E.W.) (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 22(1)(b)(3); S.I. 1996/2402, art. 3, Sch.

10E+W+SWhere a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the corporation may make to him payment of such amount as the Secretary of State may determine [F350with the consent of the Minister for the Civil Service].

Textual Amendments

F350Words in Sch. 26 para. 10 repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3, Sch.

Modifications etc. (not altering text)

C96Sch. 26 para. 10: certain functions of the Minister for the Civil Service transferred to the Treasury by S.I. 1981/1670, art. 2; and any requirement in Sch. 26 for the consent or approval of the Treasury shall cease to have effect (E.W.) (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 22(1)(b)(3); S.I. 1996/2402, art. 3, Sch.

StaffE+W+S

11(1)A corporation may, with the approval of the Secretary of State, appoint such officers and servants as the corporation may determine.E+W+S

(2)References in paragraph 12 below to employees of a corporation are to persons appointed in pursuance of this paragraph.

12(1)Employees of a corporation shall be appointed at such remuneration and on such other terms and conditions as the corporation may determine.E+W+S

(2)A corporation may pay such pensions, allowances or gratuities as it may determine to or in respect of any of its employees, make such payments as it may determine towards the provision of pensions, allowances or gratuities to or in respect of any of its employees or provide and maintain such schemes as it may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of its employees.

(3)The reference in sub-paragraph (2) above to pensions, allowances or gratuities to or in respect of any of a corporation’s employees includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the corporation’s employees who suffer loss of office or employment or loss or diminution of emoluments.

(4)If an employee of a corporation becomes a member and was by reference to his employment by the corporation a participant in a pension scheme maintained by the corporation for the benefit of any of its employees, the corporation may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the corporation whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 9 above.

(5)A determination of the corporation for the purposes of this paragraph is ineffective unless made with the approval of the Secretary of State given [F351with the consent of the Minister for the Civil Service]

Textual Amendments

F351Words in Sch. 26 para. 12(5) repealed (E.W.) (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt. XIII; S.I. 1996/2402, art. 3, Sch.

Modifications etc. (not altering text)

C97Sch. 26 para. 12: certain functions of the Minister for the Civil Service transferred to the Treasury by S.I. 1981/1670, art. 2; and any requirement in Sch. 26 for the consent or approval of the Treasury shall cease to have effect (E.W.) (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. IV para. 22(1)(b)(3); S.I. 1996/2402, art. 3, Sch.

Meetings and proceedingsE+W+S

13E+W+SThe quorum of the corporation and the arrangements relating to its meetings shall, subject to any directions given by the Secretary of State, be such as the corporation may determine.

14E+W+SThe validity of any proceedings of the corporation shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.

[F352Delegation of planning functionsU.K.

Textual Amendments

F352Sch. 26 paras. 14A, 14B and cross-headings inserted (13.7.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(6), Sch. 7 para. 10(7) (with s. 111, Sch. 7 para. 10(6))

14A(1)This paragraph applies in relation to any function conferred on the corporation by virtue of an order under section 149 above.U.K.

(2)The corporation may appoint committees and such committees may appoint sub-committees.

(3)Anything which is authorised or required to be done by the corporation—

(a)may be done by any member of the corporation or of its staff who is authorised for the purpose either generally or specifically;

(b)may be done by a committee or sub-committee which is so authorised.

(4)The corporation may—

(a)determine the quorum of a committee or sub-committee;

(b)make such arrangements as it thinks appropriate relating to the meetings and procedure of a committee or sub-committee.

(5)Anything done for the purposes of sub-paragraph (4) is subject to directions given by the Secretary of State.

(6)The validity of anything done by a committee or sub-committee is not affected by—

(a)any vacancy among its members;

(b)any defect in the appointment of any of its members.

(7)This paragraph does not extend to Scotland.

Delegation of planning functionsU.K.

14B(1)This paragraph has effect in relation to the membership of committees and sub-committees appointed under paragraph 14A.U.K.

(2)A committee may consist of—

(a)such members of the corporation as it appoints;

(b)such other persons as the corporation (with the consent of the Secretary of State) appoints.

(3)A sub-committee of a committee may consist of—

(a)such members of the committee as it appoints;

(b)such persons who are members of another committee of the corporation (whether or not they are members of the corporation) as the committee appoints;

(c)such other persons as the corporation (with the consent of the Secretary of State) appoints.

(4)The membership of a committee or sub-committee—

(a)must always include at least one person who is a member of the corporation;

(b)must not include any person who is a member of the staff of the corporation.]

Instruments, etc.E+W+S

15E+W+SThe fixing of the seal of the corporation shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the corporation to act for that purpose.

16E+W+SAny contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the corporation by any person generally or specially authorised by it to act for that purpose.

17E+W+SAny document purporting to be a document duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

House of Commons disqualificationU.K.

18U.K.In Part III of Schedule 1 to the M144House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place in alphabetical order:—

“Any member, in receipt of remuneration, of an urban development corporation (within the meaning of Part XVI of the Local Government Planning and Land Act 1980)”.]

Modifications etc. (not altering text)

C98The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Section 141.

SCHEDULE 27E+W+S Vesting of Land in Urban Development Corporations

1—8.F353E+W+S

Textual Amendments

9E+W+SThe M145Land Compensation Act 1961 shall have effect in relation to orders under section 141 above subject to the modifications specified in paragraphs 10 to 14 below.

Marginal Citations

10E+W+SReferences to the date of service of a notice to treat shall be treated as references to the date on which an order under that section comes into force.

11E+W+SSection 17(2) shall be treated as if for the words “the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority" there were substituted the words “ an order under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation has come into force, or an agreement has been made for the sale of the interest to such a corporation ”.

12E+W+SIn section 22—

(a)subsection (2) shall be treated as if at the end of paragraph (c) there were added the words “or

(d)where an order has been made under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation.”; and

(b)subsection (3) shall be treated as if in paragraph (a) the words “or (d)" were inserted after the words “paragraph (b)".

13E+W+SAny reference to a notice to treat in section 39(2) shall be treated as a reference to an order under section 141 above.

F35414E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part IIE+W+S Modification of Enactments: Scotland

15E+W+SParagraphs 6 to 13 and 16 to 39 of [F355Schedule 15 to the Town and Country Planning (Scotland) Act 1997] shall have effect in relation to orders under section 141 above, subject to the modifications specified in paragraphs 16 to 20 below.

Textual Amendments

F355Words in Sch. 27 para. 15 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(9)

16E+W+SAny reference to a general vesting declaration shall be treated as a reference to an order under that section.

17E+W+SThe references in paragraphs 6 and 7 to the end of the period specified in a general vesting declaration shall be treated as references to the date on which such an order comes into force and the reference in paragraph 9 to the acquiring authority having made a general vesting declaration shall be treated as a reference to such an order having come into force.

18E+W+SIn paragraph 6—

(a)the reference to every person on whom, under section 17 of the M146Lands Clauses Consolidation (Scotland) Act 1845, the acquiring authority could have served a notice to treat, shall be treated as a reference to every person whose interest in the land to which such an order relates is vested by the order in the urban development corporation; and

(b)Paragraph (a) shall be omitted.

Marginal Citations

M1461845 c 19 (28:2).

19E+W+SThe reference in paragraph 20(2) to the date on which the notice required by paragraph 4 is served on any person shall be treated as a reference to the date on which such an order comes into force.

20E+W+SIn paragraph 29—

(a)sub-paragraph (1)(a) shall be omitted; and

(b)the reference in sub-paragraph (1)(b) to the date on which a person first had knowledge of the execution of the general vesting declaration shall be treated as a reference to the date on which an order under section 141 above came into force.

21E+W+SThe M147Land Compensation (Scotland) Act 1963 shall have effect in relation to orders under section 141 above subject to the modifications specified in paragraphs 22 to 26 below.

Marginal Citations

22E+W+SReferences to the date of service of a notice to treat shall, be treated as references to the date on which an order under that section comes into force.

23E+W+SSection 25(2) shall be treated as if for the words “the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority" there were substituted the words “an order under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation has come into force, or an agreement has been made for the sale of the interest to such a corporation."

24E+W+SIn section 30—

(a)subsection (2) shall be treated as if at the end of paragraph (c) there were added the words “or

(d)where an order has been made under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation.”; and

(b)subsection (3) shall be treated as if in paragraph (a) the words “or (2)(d)" were inserted after the words “sub-section (2)(b)".

25E+W+SAny reference to a notice to treat in section 45(2) shall be treated as a reference to an order under section 141 above.

26E+W+SIn Schedule 2, paragraph 1(2)(a) shall be treated as if the words “or the coming into force of an order under section 141 of the Local Government, Planning and Land Act 1980 for the vesting of the land in an urban development corporation" were inserted after the word “land".

Section 144.

SCHEDULE 28E+W+S Urban Development Corporations: Land

Part IE+W+S Modifications of [F3561981] and 1947 Acts

Textual Amendments

1E+W+SF357... The 1947 Act shall apply in relation to the compulsory acquisition of land under section 142 or 143 above with the modifications made by the following provisions of this Part of this Schedule F357...

Textual Amendments

2(1)Where a compulsory purchase order authorising the acquisition of any land is submitted to the Secretary of State in accordance with Part I of Schedule 1 then, if the Secretary of State—E+W+S

(a)is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised therein, but

(b)has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land,

he may confirm the order so far as it relates to the land mentioned in paragraph (a) above, and give directions postponing the consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified.

(2)Where the Secretary of State gives directions under sub-paragraph (1) above, the notices required by paragraph 6 of Schedule 1 to be published and served shall include a statement of the effect of the directions.

[F3583(1)Notwithstanding anything in paragraph 10 of Schedule 1, a compulsory purchase order under section 142 or 143 above authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking may be confirmed without a certificate under that paragraph.E+W+S

(2)Except where the appropriate Minister’s certificate is given, a compulsory purchase order to which this paragraph applies shall be of no effect unless it is confirmed by the appropriate Minister jointly with the Minister or Ministers who would apart from this sub-paragraph have power to confirm it.

In this sub-paragraph “the appropriate Minister’s certificate” means such a certificate as is mentioned in paragraph 10 of Schedule 1.

(3)Sections 238 to 240 of the Act of 1971 (measure of compensation for statutory undertakers) and sections 227 to 229 of the 1972 Act (which make similar provision for Scotland) shall apply in respect of a compulsory acquisition which is effected by a compulsory purchase order which by virtue of this paragraph is confirmed without a certificate.]

Textual Amendments

Part IIE+W+S Acquisition of Land by Agreement

4(1)The provisions of Part I of the M148Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under section 142 above; and in the said Part I as so applied “land" shall have the meaning given by the M149Interpretation Act 1978.E+W+S

(2)For the purpose of the acquisition by agreement of land in Scotland under section 142 of this Act, the Lands Clauses Acts (except the provisions relating to the purchase of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 of the M150Lands Clauses Consolidation (Scotland) Act 1845) and sections 6 and 70 of the M151Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act, as originally enacted and not as amended for certain purposes by section 15 of the M152Mines (Working Facilities and Support) Act 1923 shall be incorporated with section 142 of this Act, and in construing those Acts for the purpose of that section, that section shall be deemed to be the special Act, and the urban development corporation to be promoters of the undertaking or company, as the case may require; and in those Acts as so incorporated “land" shall have the meaning given by the M153Interpretation Act 1978.

Marginal Citations

M1491978 c. 30 (115:1).

M1531978 c. 30 (115:1).

Part IIIE+W+S Land: Supplementary

Extinguishment of rights over landE+W+S

5(1)Subject to this paragraph, on an order under section 141 above coming into force or the completion by an urban development corporation or local highway authority of a compulsory acquisition of land under this Part of this Act, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and any such apparatus shall vest in the corporation or (as the case may be) authority.E+W+S

(2)Sub-paragraph (1) above does not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of carrying on their undertaking [F359or to any right conferred by or in accordance with [F360the electronic communications code] on the operator of [F361an electronic communications code network] or to any [F362electronic communications apparatus] kept installed for the purposes of any [F363such network]].

(3)In respect of any right or apparatus not falling within sub-paragraph (2) above, sub-paragraph (1) above shall have effect subject—

(a)to any direction given by the Secretary of State before the coming into force of the order (or, as the case may be, by the corporation before the completion of the acquisition) that sub-paragraph (1) above shall not apply to any right or apparatus specified in the direction, and

(b)to any agreement which may be made (whether before or after the coming into force of the order or completion of the acquisition) between the Secretary of State (or corporation) and the person in or to whom the right or apparatus in question is vested or belongs.

(4)Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the corporation.

(5)Any compensation payable under this paragraph shall be determined in accordance with the M154Land Compensation Act 1961 or the M155Land Compensation (Scotland) Act 1963.

Textual Amendments

F360Words in Sch. 28 para. 5 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F361Words in Sch. 28 para. 5 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F362Words in Sch. 28 para. 5 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F363Words in Sch. 28 para. 5 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Marginal Citations

Power to override easementsE+W+S

6(1)The erection, construction or carrying out, or maintenance, of any building or work on land which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act, whether done by the corporation or authority or by any other person, is authorised by virtue of this paragraph if it is done in accordance with planning permission, notwithstanding that it involves interference with an interest or right to which this paragraph applies, or involves a breach of a restriction as to the user of land by virtue of a contract.E+W+S

(2)Nothing in sub-paragraph (1) above shall authorise interference with an right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking [F364of a right conferred by or in accordance with [F365the electronic communications code] on the operator of [F366an electronic communications code network]].

(3)This paragraph applies to the following interests and rights, that is to say, any easement, servitude, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

(4)In respect of any interference or breach in pursuance of sub-paragraph (1) above, compensation shall be payable under section 7 or 10 of the M156Compulsory Purchase Act 1965 (or section 61 of the M157Lands Clauses Consolidation (Scotland) Act 1845 and section 6 of the M158Railways Clauses Consolidation (Scotland) Act 1845), to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase by an urban development corporation or local highway authority or the injury arises from the execution of works on land acquired by such a corporation or authority.

(5)Where a person other than the urban development corporation or local highway authority by or in whom the land in question was acquired or vested is liable to pay compensation by virtue of sub-paragraph (4) above, and fails to discharge that liability, the liability shall (subject to sub-paragraph (6) below) be enforceable against the corporation or authority.

(6)Nothing in sub-paragraph (5) above shall be construed as affecting any agreement between the corporation or authority and any other person for indemnifying the corporation or authority against any liability under that sub-paragraph.

(7)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit(or in Scotland at the instance) of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1) above.

(8)Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.

Textual Amendments

F365Words in Sch. 28 para. 6 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F366Words in Sch. 28 para. 6 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Marginal Citations

Consecrated land and burial groundsE+W

7(1)Any consecrated land, whether including a building or not, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may (subject to the following provisions of this paragraph) be used by the corporation or authority, or by any other person, in any manner in accordance with planning permission, notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.E+W

(2)Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground.

(3)Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land, not being consecrated land, vested or acquired as mentioned in that sub-paragraph which at the time of acquisition included a church or other building used or formerly used for religious worship or the site thereof, shall be subject to compliance with the prescribed requirements with respect to the removal and reinterment of any human remains, and the disposal of monuments and fixtures and furnishings; and, in the case of consecrated land, shall be subject to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land.

(4)Any regulations made for the purposes of sub-paragraph (3) above—

(a)shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;

(b)shall contain requirements relating to the disposal of any such land as is mentioned in sub-paragraph (3) above such as appear to the Secretary of State requisite for securing that the provisions of that sub-paragraph shall be complied with in relation to the use of the land; and

(c)may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear to the Secretary of State to be expedient for the purposes of the regulations.

(5)Any land consisting of a burial ground or part of a burial ground, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may be used by the corporation or authority in any manner in accordance with plannning permission, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.

(6)Sub-paragraph (5) above shall not have effect in respect of any land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains, and the disposal of monuments, in or upon the land have been complied with.

(7)Provision shall be made by any regulation made for the purposes of sub-paragraph (3) above and sub-paragraph (6) above—

(a)for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments;

(b)for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and reinterment of the remains of the deceased, and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, reinterment and disposal, not exceeding such amount as may be prescribed;

(c)for requiring compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal, and the place and manner of reinterment of any human remains, and the disposal of any monuments, and with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains.

(8)Subject to the provisions of any such regulations, no faculty shall be required for the removal and reinterment in accordance with the regulations of any human remains, or for the removal or disposal of any monuments, and the provisions of section 25 of the M159Burial Act 1857 (which prohibits the removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the regulations.

(9)Any power conferred by this paragraph to use land in a manner therein mentioned shall be construed as a power so to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not.

(10)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in sub-paragraph (1) of sub-paragraph (5) above.

(11)Sub-paragraph (8) of paragraph 6 above shall apply in relation to this paragraph as it applies in relation to that.

(12)In this paragraph “burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and “monument” includes a tombstone or other memorial.

(13)In this paragraph “prescribed” means prescribed by regulations made by the Secretary of State.

(14)The power to make regulations under this paragraph shall be exercisable by statutory instrument; and any statutory instrument containing regulations made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(15)This paragraph shall not apply to Scotland.

Marginal Citations

Churches and burial grounds in ScotlandE+W+S

8..E+W+S[F367Section 197 of the 1997 Act]shall have effect in relation to land in Scotland which is required by an urban development corporation or a local highway authority for the purposes of this Part of this Act as it has in relation to land acquired by a planning authority as mentioned in subsection (1) of that section.

Textual Amendments

F367Words in Sch. 28 para. 8 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(10)(a)

Open spacesE+W+S

9(1)Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may be used by the corporation or authority, or by any other person, in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.E+W+S

(2)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit(or in Scotland at the instance)of any person on any grounds other than contravention of any such enactment as is mentioned in sub-paragraph (1) above.

(3)Sub-section (8) of paragraph 6 above shall apply in relation to this paragraph as it applies in relation to that.

(4)In the application of this paragraph to Scotland, the words “or fuel or field garden allotment" shall be omitted.

Displacement of personsE+W+S

10E+W+SIf the Secretary of State certifies that possession of a house which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this part of this Act and is for the time being held by that corporation or authority for the purposes for which it was acquired, is immediately required for those purposes, nothing in the M160Rent (Agriculture) Act 1976 or the M161Rent Act 1977 [F368or the Housing Act 1988] or the Rent (Scotland) Acts 1971 to 1975 [F369or the M162Rent (Scotland) Act 1984 [F370or the Housing (Scotland) Act 1988]] shall prevent that corporation or authority from obtaining possession of the house.

Textual Amendments

Marginal Citations

Extinguishment of public rights of wayE+W+S

11(1)Where any land has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act and is for the time being held by that corporation or authority for those purposes, the Secretary of State may by order extinguish any public right of way over the land.E+W+S

(2)Where the Secretary of State proposes to make an order under this paragraph, he shall publish in such manner as appears to him to be requisite a notice—

(a)stating the effect of the order, and

(b)specifying the time (not being less than 28 days from the publication of the notice) within which, and the manner in which, objections to the proposal may be made,

and shall serve a like notice—

(i)on the district planning authority [F371or, in Wales, the local planning authority] (or in Scotland the planning authority [F372within the meaning of section 1 of the 1997 Act]) in whose area the land is situated, and

(ii)on the relevant highway authority.

In this sub-paragraph “the relevant highway authority” means any authority which is a highway authority in relation to the right of way proposed to be extinguished by the order, other than an authority which has applied for the order to be made.

(3)Where an objection to a proposal to make an order under this paragraph is duly made and is not withdrawn, the provisions of paragraph 12 below shall have effect in relation to the proposal.

(4)For the purposes of this paragraph an objection to such a proposal shall not be treated as duly made unless—

(a)it is made within the time and in the manner specified in the notice required by this paragraph, and

(b)a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

(5)Where it is proposed to make an order under this paragraph extinguishing a public right of way over a road on land acquired for the purposes of this Act by an urban development corporation, and compensation in respect of restrictions imposed under section 1 or 2 of the M163Restriction of Ribbon Development Act 1935 in respect of that road has been paid by the highway authority (or, in the case of a trunk road, by the authority which, when the compensation was paid, was the authority for the purposes of section 4 of the M164Trunks Roads Act 1936), the order may provide for the payment by the urban development corporation to that authority, in respect of the compensation so paid of such sums as the Secretary of State, with the consent of the Treasury, may determine.

(6)Where the Secretary of State is satisfied that the construction or improvement of a road is or will be needed in consequence of the extinguishment under this paragraph of a public right of way, section 143 above shall apply as it applies where the Secretary of State is satisfied that the construction or improvement of a road is needed as mentioned in subsection (1) of that section.

(7)Where the Secretary of State makes an order under this paragraph on the application of an urban development corporation or local highway authority, he shall send a copy of it to [F373the universal service provider (within the meaning of the Postal Services Act 2000) who provides a universal postal service (within the meaning of that Act) for the area in which the land is situated].

Textual Amendments

Marginal Citations

M1641936 c. 5. (1 Edw. 8 & 1 Geo. 6).

12(1)In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification, if any, ought to be made.E+W+S

(2)Unless the Secretary of State decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the Secretary of State shall, before making a final decision, consider the grounds of the objection as set out in the statement comprised in or submitted with the objection, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

(3)In so far as the Secretary of State, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the Secretary of State may treat the objection as irrelevant for the purpose of making a final decision.

(4)If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the Secretary of State is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the Secretary of State may make a final decision without further investigation as to those matters.

(5)Subject to sub-paragraphs (3) and (4) above, the Secretary of State, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State; and if the objectors avails himself of that opportunity, the Secretary of State shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, urban development corporation or other person, if any, on whose representation the order is proposed to be made, and to any other persons to whom it appears to the Secretary of State to be expedient to afford such an opportunity.

(6)Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the Secretary of State that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.

Telegraphic linesE+W+S

[F37413(1)Where an order under paragraph 11 above extinguishing a public right of way is made on the application of an urban development corporation or local highway authority, and at the time of the publication of the notice required by sub-paragraph (2) of that paragraph any [F375electronic communications apparatus] was kept installed for the purposes of [F376an electronic communications code network] under, in, on, over, along or across the land over which the right of way subsisted—E+W+S

(a)the power of the operator of [F377the network] to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of [F377the network] has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be;

(b)the operator of [F377the network] may by notice given in that behalf to the corporation or authority not later than the end of the said period of three months abandon the [F375electronic communications apparatus] or any part of it;

(c)subject to paragraph (b), the operator of [F377the network] shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove;

(d)the operator of [F377the network] shall be entitled to recover from the corporation or authority the expense of providing, in substitution for the apparatus and any other [F375electronic communications apparatus] connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any [F375electronic communications apparatus] in such other place as the operator may require;

(e)where under the preceding provisions of this sub-paragraph the operator of [F377the network] has abandoned the whole or any part of any [F375electronic communications apparatus], that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of [F376an electronic communications code network].

(2)As soon as practicable after the making of an order under paragraph 11 above extinguishing a public right of way in circumstances in which sub-paragraph (1) above applies in relation to the operator of [F376an electronic communications code network], the Secretary of State shall give notice to the operator of the making of the order.]

Textual Amendments

F375Words in Sch. 28 para. 13 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F376Words in Sch. 28 para. 13 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F377Words in Sch. 28 para. 13 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Statutory undertakersE+W+S

14(1)Where any land has been acquired by an urban development corporation under section 142 above and—E+W+S

(a)there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over that land; or

(b)there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking,

the corporation, if satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice stating that, at the end of the period of 28 days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of that period, the apparatus shall be removed.

(2)The statutory undertakers on whom a notice is served under sub-paragraph (1) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the corporation stating that they object to all or any provisions of the notice and specifying the grounds of their objection.

(3)If no counter-notice is served under sub-paragraph (2) above—

(a)any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice; and

(b)if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the corporation may remove the apparatus and dispose of it in any way it may think fit.

(4)If a counter-notice is served under sub-paragraph (2) above on a corporation, the corporation may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph embodying the provisions of the notice with or without modification.

(5)Where by virtue of this paragraph any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the corporation.

(6)[F378Sections 280 and 282 of the 1990 Act] or as the case may be [F379sections 233 and 235 of the 1997 Act] (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (5) above as they apply to compensation under [F378section 279(2) of the 1990 Act], or as the case may be [F379section 232(4) of the 1997 Act].

[F380(7)Except in a case in which paragraph 13 above has effect—

(a)the reference in paragraph (a) of sub-paragraph (1) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with [F381the electronic communications code] on the operator of [F382an electronic communications code network]; and

(b)the reference in paragraph (b) of that sub-paragraph to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to [F383electronic communications apparatus] kept installed for the purposes of any [F384such network];

and for the purposes of this sub-paragraph, in this paragraph (except the said paragraphs (a) and (b)) and in paragraph 15 below, references to statutory undertakers shall have effect as references to the operator of any [F384such network] and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.]

Textual Amendments

F379Words in Sch. 28 para. 14(6) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(10)(c)

F381Words in Sch. 28 para. 14 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F382Words in Sch. 28 para. 14 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F383Words in Sch. 28 para. 14 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F384Words in Sch. 28 para. 14 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

15(1)Before making an order under paragraph 14(4) above the Ministers proposing to make the order—E+W+S

(a)shall afford to the statutory undertakers on whom notice was served under paragraph 14(1) above an opportunity of objecting to the application for the order; and

(b)if any objection is made, shall consider the objection and afford to those statutory undertakers and to the corporation on whom the counter-notice was served, an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State and the appropriate Minister for the purpose,

and may then, if they think fit, make the order in accordance with the application either with or without modification.

(2)Where an order is made under paragraph 14(4) above—

(a)any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and

(b)if, at the end of the period so specified in relation to any apparatus, and requirement of the order as to the removal of the apparatus has not been complied with, the corporation may remove the apparatus and dispose of it in any way it may think fit.

16(1)Subject to this paragraph, where any land has been acquired by an urban development corporation under section 142 above and—E+W+S

(a)there is on, under or over the land apparatus vested in or belonging to statutory undertakers; and

(b)the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,

the undertakers may serve on the corporation a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

(2)Where, after the land has been acquired as mentioned in sub-paragraph (1) above, development of the land is begun to be carried out, no notice under this paragraph shall be served later than 21 days after the beginning of the development.

(3)Where a notice is served under this paragraph, the corporation on which it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice stating that it objects to all or any of the provisions of the notice and specifying the grounds of its objection.

(4)If no counter-notice is served under sub-paragraph (3) above, the statutory undertakers shall, after the end of the said period of 28 days, have the rights claimed in their notice.

(5)If a counter-notice is served under sub-paragraph (3) above, the statutory undertakers who served the notice under this paragraph may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.

(6)Where by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the corporation for the works to be carried out by the corporation, under the superintendence of the undertakers, instead of by the undertakers themselves.

(7)Where works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the corporation.

(8)[F385Sections 280 and 282 of the 1990 Act] or as the case may be [F386sections 233 and 235 of the 1997 Act](measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (7) above as they apply to compensation under [F385section 279(4) of the 1990 Act] or, as the case may be, [F386section 232(4) of the 1997 Act].

[F387(9)In sub-paragraph (1)(a) above, the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to [F388electronic communications apparatus] kept installed for the purposes of [F389an electronic communications code network]; and for the purposes of this sub-paragraph, in this paragraph references (except in the said sub-paragraph (1)(a) to statutory undertakers shall have effect as references to the operator of any [F390such network] and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.]

Textual Amendments

F386Words in Sch. 28 para. 16(8) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(10)(d)

F388Words in Sch. 28 para. 16 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F389Words in Sch. 28 para. 16 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F390Words in Sch. 28 para. 16 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 52(2)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

17(1)The powers conferred by this paragraph shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order—E+W+S

(a)to secure the provision for an urban development area of services which would not otherwise be provided, or which would not otherwise be satisfactorily provided, or

(b)to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in sub-paragraph (2) below.

(2)The said acts and events are—

(a)the acquisition under his Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question;

(b)the extinguishment of a right or the imposition of any requirements by virtue of paragraph 14 above.

(3)The powers conferred by this paragraph shall also be exercisable where, on a representation made by an urban development corporation, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified, in order to secure the provision of new services, or the extension of existing services, for the purposes of an urban development area under this Part of this Act.

(4)Where the powers conferred by this paragraph are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order to secure the provision of the services in question, as mentioned in sub-paragraph (1)(a) or (3) above, or to secure the adjustment in question, as mentioned in sub-paragraph (1)(b) above, as the case may be.

(5)Without prejudice to the generality of sub-paragraph (4) above, an order under this paragraph may make provision—

(a)for empowering the statutory undertakers to acquire (whether compulsorily or by agreement) any land specified in the order, and to erect or construct any buildings or works so specified;

(b)for applying, in relation to the acquisition of any such land or the construction of any such works, enactments relating to the acquisition of land and the construction of works;

(c)where it has been represented that the making of the order is expedient for the purposes mentioned in sub-paragraph (1)(a) or (3) above, for giving effect to such financial arrangements between the urban development corporation and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;

(d)for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.

18(1)As soon as may be after making such a representation as is mentioned in sub-paragraph (1) or (3) of paragraph 17 above—E+W+S

(a)the statutory undertakers, in a case falling within sub-paragraph (1); or

(b)the urban development corporation, in a case falling within sub-paragraph (3),

shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Secretary of State and the appropriate Minsiter, serve a like notice on such persons, or persons of such classes, as may be so directed.

(2)Orders under paragraph 17 above shall be subject to special parliamentary procedure.

19(1)Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligations incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this sub-paragraph applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.E+W+S

(2)Sub-paragraph (1) above applies to the following acts and events:—

(a)the compulsory acquisition under the Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers;

(b)the extinguishment of a right or the imposition of any requirement by virtue of paragraph 14 above.

(3)As soon as may be after making a representation to the appropriate Minister under sub-paragraph (1) above, the appropriate statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices.

(4)If any objection to the making of an order under this paragraph is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.

(5)Immediately after an order is made under his paragraph by the appropriate Minister, he shall publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and shall serve a like notice—

(a)on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this sub-paragraph, specifying an address for service, and

(b)on such other persons (if any) as the appropriate Minister thinks fit.

(6)Subject to the following provisions of this paragraph, an order under this paragraph shall become operative on the date on which the notice required by sub-paragraph (5) above is first published.

(7)Where in accordance with sub-paragraph (4) above the order is subject to special parliamentary procedure, sub-paragraph (6) above shall not apply.

(8)If any person aggrieved by an order under this paragraph wishes to question the validity of the order on the ground that it is not within the powers conferred by this paragraph, or that any requirement of this paragraph has not been complied with in relation to the order, he may, within six weeks from the date on which the notice required by sub-paragraph (5) above is first published, make an application to the High Court (or in Scotland the Court of Session) under this paragraph.

(9)On any application under sub-paragraph (8) above the High Court (or the Court of Session)—

(a)may by interim order wholly or in part suspend the operation of the order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;

(b)if satisfied that the order is wholly or to any extent outside the powers conferred by this paragraph, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of this paragraph, may wholly or in part quash the order, either generally or in so far as it affects any property of the applicant.

(10)Subject to sub-paragraph (8) above, the validity of an order under this paragraph shall not be questioned in any legal proceedings whatsoever, either before or after the order has been made.

20(1)For the purposes of paragraphs 17 and 19 above, an objection to the making of an order thereunder shall not be treated as duly made unless—E+W+S

(a)the objection is made within the time and in the manner specified in the notice required by paragraph 18 or (as the case may be) 19 above; and

(b)a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

(2)Where an objection to the making of such an order is duly made in accordance with sub-paragraph (1) above and is not withdrawn, the following provisions of this paragraph shall have effect in relation thereto; but, in the application of those provisions to an order under paragraph 17 above, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.

(3)Unless the appropriate Minister decides apart from the objection not to make an order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision, shall consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

(4)In so far as the appropriate Minister, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.

(5)If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters.

(6)Subject to sub-paragraphs (4) and (5) above, the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, local authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.

(7)Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.

(8)In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.

Part IVE+W+S Acquisition of Rights

GeneralE+W+S

21(1)[F391The 1946 Act and] the M165Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make them apply to the compulsory purchase of rights by virtue of section 142(4) above as they apply to the compulsory purchase of land so that, in appropriate contexts, references in those Acts to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context.E+W+S

(2)Without prejudice to the generality of sub-paragraph (1) above, in relation to the purchase of rights in pursuance of section 143(4) above—

(a)[F392Part III of Schedule 1 to the 1946 Act (which provides for special parliamentary procedure in the case of the purchase of land of certain descriptions) shall have effect with the adaptations specified in paragraph 22 below:]

(b)Part I of the said Act of 1965 (which relates to compulsory purchases under the 1946 Act) shall have effect with the modifications specified in paragraph 23 below; and

(c)the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.

Textual Amendments

Marginal Citations

F39322E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Adaptation of Part I of 1965 ActE+W+S

23(1)In the M166Compulsory Purchase Act 1965 (hereafter in this Part of this Schedule referred to as “the Act”) for section 7 (which relates to compensation) there shall be substituted the following—E+W+S

“7(1)In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent, if any, to which the value of the land over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.

(2)The modifications subject to which subsection (1) of section 44 of the M167Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words “land is acquired or taken" there shall be substituted the words “ a right over land is purchased ” and for the words “acquired or taken from him" there shall be substituted the words “ over which the right is exercisable ””.

(2)For section 8 of the Act (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following—

“8(1)Where in consequence of the service on a person in pursuance of section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (hereafter in this subsection referred to as “the relevant land”)—

(a)a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal (hereafter in this section referred to as “the Tribunal”); and

(b)before the Tribunal has determined that question the person satisfies the Tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and—

(i)where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land, or

(ii)where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, the compulsory purchase order to which the notice to treat relates shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the Tribunal directs.

(2)Any question as to the extent of the land in which a compulsory purchase order is deemed to authorise the purchase of an interest by virtue of the preceding subsection shall be determined by the Tribunal.

(3)Where in consequence of a determination of the Tribunal that it is satisfied as mentioned in subsection (1) of this section a compulsory purchase order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

(4)The modifications subject to which subsection (1) of section 58 of the M168Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to the duty of the Tribunal in determining whether it is satisfied as mentioned in subsection (1) of this section, are that at the beginning of paragraphs (a) and (b) there shall be inserted the words “a right over", for the word “severance" there shall be substituted the words “ right on the whole of the house, building or manufactory or of the house and the park or garden ” and for the words “part proposed" and “part is" there shall be substituted respectively the words “ right proposed ” and “ right is ””

(3)The following provisions of the Act (which state the effect of a deed poll executed in various circumstances, where there is no conveyance by persons with interests in the land), namely—

  • section 9(4) (failure of owners to convey);

  • paragraph 10(3) of Schedule 1 (owners under incapacity);

  • paragraph 2(3) of Schedule 2 (absent and untraced owners); and

  • paragraphs 2(3) and 7(2) of Schedule 4 (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overriden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.

(4)Section 11 of the Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff’s warrant in the event of obstruction) of the Act shall be modified correspondingly.

(5)Section 20 of the Act (compensation for short-term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.

(6)Section 22 of the Act (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation.

Marginal Citations

Section 149.

SCHEDULE 29E+W+S Planning Functions of Urban Development Corporations— England and Wales

Modifications etc. (not altering text)

Part IE+W+S

Enactments referred to in Section 149(3)(a)

[F394Sections [F395171C,] 172, 173, [F395173A,] 178, 183, 184, [F396187A,][F395 187B,] 188, [F395196A to 196C] 197, 198, 199, 201, 206, 207, 209, 211, 213 to 215, 219, 220 and 224 [F395324(1)(b) and (c) and (7)] of the 1990 Act.

Textual Amendments

Sections 3, 4, 8, 10, 11, 13 to 16, 20, 23 to 25, 38, 42, [F39744A,] 47, 48, 50, 53, 54, 60, 69 to 72, 74, 75 and 82 [F39788 and 88A] of the Planning (Listed Buildings and Conservation Areas) Act 1990.]

Textual Amendments

Part IIE+W+S Enactments Referred to in Section 149(3)(b)

An order made by virtue of section 149(3)(b) may make the following modifications in relation to the urban development corporation specified in the order and to land in that corporation’s area:—

[F398“1Section 139 of the 1990 Act shall have effect as if after the word “undertakers" there were inserted—

(a)in paragraph (b) of subsection (1) the words “or an urban development corporation";

(b)in paragraph (c) of that subsection, the words “or any urban development corporation"; and

(c)in subsection (3), the words “or urban development corporation".

2Section 140(2)(d) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation".

3Section 141(4) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation".

4Section 143(1)(b) of that Act shall have effect as if—

(a)after the word “undertakers" in the first place where it occurs, there were inserted the words “or an urban development corporation"; and

(b)after that word, in the second place where it occurs, there were inserted the words “or that corporation".

5The definition of “relevant provisions" in section 148 of that Act shall have effect as if after the word “unndertaking" there were added the words “or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980.".

6Section 249 of that Act shall have effect as if—

(a)in subsection (1) after the word “applies" there were inserted the words “subject to subsection (1A)"; and

(b)the following subsection were inserted after that subsection—

"(1A)Any reference in this section and in section 250 to a local planning authority is to be construed as including a reference to an urban development corporation."

7Section 251 of that Act shall have effect as if–

(a)in subsection (1), for the word “Where" there were substituted the words “Subject to subsection (1A), where"; and

(b)the following subsection was inserted after that subsection—

"(1A)Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area, the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required.".

8Section 258 of that Act shall have effect as if—

(a)in subsection (1), for the word “Where" there were substituted the words “Subject to subsection (1A), where"; and

(b)the following subsection were inserted after that subsection—

"(1A)Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area, then, subject to section 259, the urban development corporation may by order extinguish any public right of way across the land being a footpath or bridleway, if they are satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required.".

9Section 330 of that Act shall have effect as if—

(a)after the words “local authority" in the first place where they occur in subsection (1), there were inserted the words “or an urban development corporation"; and

(b)after those words, in the second place where they occur in subsection (1) and in subsection (3), there were inserted the words “or corporation".

10Section 33 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall have effect as if—

(a)in subsection (1)(b) after the word “undertakers" there were inserted the words “or an urban development corporation";

(b)in subsection (1)(c), after the word “undertakers" there were inserted the words “or an urban development corporation";

(c)in subsection (3), after the word “undertakers" there were inserted the words “or corporation".

11Section 34(2)(d) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation".

12Section 35(6) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation".

13Section 36(4) of that Act shall have effect as if after the word “undertakers" in the first place where it occurs there were inserted the words “or an urban development corporation" and in the second place where it occurs there were inserted the words “or that corporation".

14Section 91(2) of that Act shall have effect as if the words “urban development corporation" were inserted at the appropriate place.”]

Textual Amendments

Section 149

SCHEDULE 30E+W+S Planning Functions of Urban Development Corporations–Scotland

Part IE+W+S Enactments Referred to in Section 149(8)(a)

[F399Sections 125, 127 to 129, 135, 140, 141, 147, 159 to 161, 163, 167, 168, 170, 172, 174, 175, 179, 182 and 186 of the 1997 Act.

Textual Amendments

F399Words in Sch. 30 Pt. I substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(11)

Sections 3, 4, 7, 9, 12 to 14, 20 to 24, 34, 38, 42, 43, 45, 48(1), 49, 61 to 64, 66, 73(2) to (4) and 77 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.]

Part IIE+W+S Enactments Referred to in Section 149(8)(b)

An order made by virtue of section 149(7)(b) may make the following modifications in relation to the urban development corporation specified in the order and to land in that corporation’s area:—

[F4001E+W+SSection 90 of the 1997 Act shall have effect as if after “undertakers" there were inserted—

(a)in subsection (1)(b), “or an urban development corporation";

(b)in subsection (1)(c), “or any urban development corporation"; and

(c)in subsection (3), “or urban development corporation".]

Textual Amendments

F400Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

[F4012E+W+SSection 91(2)(c) of that Act shall have effect as if, after “undertakers", there were inserted “or an urban development corporation".]

Textual Amendments

F401Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

[F4023E+W+SSection 92(4) of that Act shall have effect as if, after “undertakers" in the first and second places where it occurs, there were inserted respectively “or an urban development corporation" and “or that corporation".]

Textual Amendments

F402Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

[F4034E+W+SSection 94(1)(b) of that Act shall have effect as if, after “undertakers" in the first and second places where it occurs, there were inserted respectively “or an urban development corporation" and “or that corporation".]

Textual Amendments

F403Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

[F4045E+W+SThe definition of “relevant provisions” in section 99 of that Act shall have effect as if, after “undertaking", there were added “or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980".]

Textual Amendments

F404Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

[F4056E+W+SSection 203 of that Act shall have effect as if—

(a)in subsection (1), after “applies" there were inserted “subject to subsection (1A)"; and

(b)the following subsection were inserted after that subsection—

"(1A)Any reference in this section and in section 203 to a competent authority is to be construed as including a reference to an urban development corporation."]

Textual Amendments

F405Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

[F4067E+W+SSection 205 of that Act shall have effect as if, after “authorities", there were inserted “and, in an urban development area, the urban development corporation".]

Textual Amendments

F406Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

[F4078E+W+SSection 206 of that Act shall have effect as if—

(a)in subsection (1), for “Where" there were substituted “Subject to subsection (1A), where"; and

(b)the following subsection were inserted after that subsection—

"(1A)Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area—

(a)the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required;

(b)subject to paragraphs 4 and 5 of Schedule 16 to this Act, the urban development corporation may by order extinguish any such right over the land, being a footpath or bridleway, if they are so satisfied."]

Textual Amendments

F407Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

[F4089E+W+SSection 272 of that Act shall have effect as if, in subsection (1), after “local authority" there were inserted “or an urban development corporation".]

Textual Amendments

F408Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

F40910E+W+SSection 29 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 shall have effect as if—

(a)in subsection (1)(b) and (c), after “undertakers" there were inserted “or an urban development corporation"; and

(b)in subsection (3), after “undertakers" there were inserted “or corporation".

Textual Amendments

F409Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

F41011E+W+SSection 30 of that Act shall have effect as if—

(a)in subsection (2)(c), after “undertakers" there were inserted “or an urban development corporation"; and

(b)in each of subsections (3), (4) and (5), after “undertakers" there were inserted “or corporation".

Textual Amendments

F410Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

F41112E+W+SSection 31(6) of that Act shall have effect as if after “undertakers" there were inserted “or an urban development corporation".

Textual Amendments

F411Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

F41213E+W+SSection 32(4) of that Act shall have effect as if after “undertakers" in the first and second places where it occurs there were inserted respectively “or an urban development corporation" and “or that corporation".

Textual Amendments

F412Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

[F41314E+W+SSection 81(2) of that Act shall have effect as if “urban development corporation" were inserted in the appropriate place.]

Textual Amendments

F413Sch. 30 Pt. II paras. 1-14 substituted (27.5.1997) for Sch. 30 Pt. II paras. 1-9 by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12)

Section 164.

SCHEDULE 31E+W+S Urban Development Corporations: Finance etc.

Part IE+W+S Preliminary

1(1)References in this Schedule to a corporation are to an urban development corporation.E+W+S

(2)The financial year of a corporation shall begin with 1 April and references to a financial year in relation to a corporation shall be construed accordingly.

Part IIE+W+S Finance

Financial dutiesE+W+S

2(1)After consultation with a corporation, the Secretary of State may, with the Treasury’s approval, determine the financial duties of the corporation, and different determinations may be made in relation to different corporations or for different functions and activities of the same corporation.E+W+S

(2)The Secretary of State shall give the corporation notice of every determination, and a determination may—

(a)relate to a period beginning before the date on which it is made;

(b)contain incidential or supplementary provisions;

(c)be varied by a subsequent determination.

Government grantsE+W+S

3(1)The Secretary of State may (out of money provided by Parliament and with the Treasury’s consent) pay to a corporation, in respect of the exercise of its functions and in respect of its administrative expenses, such sums as he may (with the Treasury’s approval) determine.E+W+S

(2)The payment may be made on such terms as the Secretary of State (with the Treasury’s approval) provides.

BorrowingE+W+S

4(1)A corporation may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions—E+W+S

(a)in sterling from the Secretary of State, or

(b)with the consent of the Secretary of State, or in accordance with any general authority given by the Secretary of State, either in sterling or in a currency other than sterling from a person other than the Secretary of State.

(2)A corporation may borrow otherwise than by way of temporary loan such sums as the corporation may require—

(a)in sterling from the Secretary of State, or

(b)with the consent of the Secretary of State, in a currency other than sterling from a person other than the Secretary of State.

(3)The Secretary of State may lend to a corporation any sums it has power to borrow from him sub-paragraph (1) or (2) above.

(4)The Treasury may issue to the Secretary of State out of the National Loans Fund any sums necessary to enable him to make loans under sub-paragraph (3) above.

(5)Loans made under sub-paragraph (3) above shall be repaid to the Secretary of State at such times and by such methods, and interest on the loans shall be paid to him at such times and at such rates, as he may determine.

(6)All sums received by the Secretary of State under sub-paragraph (5) above shall be paid into the National Loans Fund.

(7)References in this paragraph to the Secretary of State are references to him acting with the Treasury’s approval.

GuaranteesE+W+S

5(1)The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of [F414the payment of interest on and the discharge of any other financial obligation in connection with] any sums which a corporation borrows from a person or body other than the Secretary of State.E+W+S

(2)Immediately after a guarantee is given under this paragraph, the Treasury shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling a guarantee so given, the Treasury shall lay before each House of Parliament a statement relating to that sum, as soon as possible after the end of each financial year, beginning with which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.

[F415(3)Any sums required for fulfilling a guarantee under this paragraph shall be charged on and issued out of—

(a)the Consolidated Fund, if required by the Treasury, or

(b)the Welsh Consolidated Fund, if required by the Welsh Ministers.]

(4)If any sums are issued in fulfilment of a guarantee given under this paragraph, the corporation shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rates as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.

(5)Any sums received by the Treasury in pursuance of sub-paragraph (4) above shall be paid into the Consolidated Fund.

Textual Amendments

Modifications etc. (not altering text)

C100Sch. 31 para. 5(3) modified (temp.) (25.7.2006) by Government of Wales Act 2006 (c. 32), s. 161(2), Sch. 11 para. 59(a)

Assumed debtE+W+S

6(1)On any acquisition to which this paragraph applies, a corporation shall assume a debt to the Secretary of State of such amount as may be notified to the corporation in writing by him, with the Treasury’s approval.E+W+S

(2)This paragraph applies to any acquisition by the corporation of property held—

(a)by or on behalf of the Crown, or

(b)by a company all of whose shares are held by or on behalf of the Crown or by a wholly owned subsidiary of such a company.

(3)Subject to sub-paragraph (4) below, the amount to be notified is the aggregate of the following:–

(a)the consideration given when the property was first brought into public ownership, and

(b)the costs and expenses of and incidential to its being brought into public ownership.

(4)If it appears to the Secretary of State that there has been such a change in circumstances since the property was first brought into public ownership that its true value would not be reflected by reference to the consideration mentioned in sub-paragraph (3) above, the Secretary of State, with the Treasury’s approval, shall determine the amount to be notified.

(5)The rate of interest payable on the debt assumed by a corporation under this paragraph, and the date from which interest is to begin to accrue, the arrangements for paying off the principal, and the other terms of the debt shall be such as the Secretary of State, with the Treasury’s approval, may from time to time determine.

(6)Different rates and dates may be determined under sub-paragraph (5) above with respect to different portions of the debt.

(7)Any sums received by the Secretary of State under sub-paragraph (5) above shall be paid into the National Loans Fund.

Surplus fundsE+W+S

7(1)Where it appears to the Secretary of State, after consultation with the Treasury and the corporation, that a corporation has a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for its future requirements, the corporation shall, if the Secretary of State with the approval of the Treasury and after consultation with the corporation so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction.E+W+S

(2)Any sum received by the Secretary of State under this paragraph shall, subject to sub-paragraph (4) below, be paid into the Consolidated Fund.

(3)The whole or part of any payment made to the Secretary of State by a corporation under sub-paragraph (1) above shall, if the Secretary of State with the Treasury’s approval so determines, be treated as made by way of repayment of such part of the principal of loans under paragraph 4(3) above, and as made in respect of the repayments due at such times, as may be so determined.

(4)Any sum treated under sub-paragraph (3) above as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.

Financial limitsE+W+S

[F4168(1)The aggregate amount of the sums mentioned in sub-paragraph (2) below shall not exceed £30 million or such greater sum not exceeding £100 million as the Secretary of State may by order made by statutory instrument specify.E+W+S

(2)The sums are—

(a)sums borrowed by all corporations under paragraph 4 above minus repayments made in respect of those sums; and

(b)sums issued by the Treasury in fulfilment of guarantees under paragraph 5 above of debts of all corporations.

(3)No order under sub-paragraph (1) above shall have effect until approved by a resolution of the House of Commons.]

Textual Amendments

Modifications etc. (not altering text)

C101Sch. 31 para. 8: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

Grants and loans: accountsE+W+S

9(1)The Secretary of State shall prepare in respect of each financial year an account—E+W+S

(a)of the sums paid to corporations under paragraph 3 above,

(b)of the sums issued to him under paragraph 4(4) above and the sums received by him under paragraph 4(5) above and the disposal by him of those sums, and

(c)of the sums paid into the Consolidated Fund or National Loans Fund under paragraph 7 above.

(2)The Secretary of State shall send the account to the Comptroller and Auditor General before the end of the month of November next following the end of that year.

(3)The Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it and of his report before each House of Parliament.

(4)The form of the account and the manner of preparing it shall be such as the Treasury may direct.

Part IIIE+W+S General Accounts etc.

AccountsE+W+S

10E+W+S–

(1)A corporation shall keep proper accounts and other records in relation to them.

(2)The accounts and records shall show, in respect of the financial year to which they relate, a true and fair view of the corporation’s activities.

(3)A corporation shall prepare in respect of each financial year a statement of accounts complying with any requirement which the Secretary of State has (with the Treasury’s consent) notified in writing to the corporation relating to—

(a)the information to be contained in the statement;

(b)the manner in which the information is to be presented; and

(c)the methods and principles according to which the statement is to be prepared.

(4)Subject to any requirement notified to be corporation under sub-paragraph (3) above, in preparing any statement of accounts in accordance with that sub-paragraph the corporation shall follow, with respect to each of the matters specified in paragraphs (a) to (c) of that sub-paragraph, such course as may for the time being be approved by the Secretary of State with the Treasury’s consent.

[F41710A.(1)A corporation to which this paragraph applies shall send a copy of its accounts and statement of accounts for each financial year ending on or after 31st March 2005 to the Comptroller and Auditor General as soon as reasonably practicable after the end of that year.E+W+S

(2)This paragraph applies to the following corporations—

(a)Thurrock Development Corporation;

(b)London Thames Gateway Development Corporation;

(c)West Northamptonshire Development Corporation.

(3)The Comptroller and Auditor General shall examine, certify and report on the accounts and statement received under sub-paragraph (1).]

Textual Amendments

AuditE+W+S

11(1)[F418The accounts and statements of accounts of a corporation to which paragraph 10A does not apply] shall be audited by an auditor to be appointed annually by the Secretary of State in relation to the corporation.E+W+S

[F419(2)A person shall not be appointed under sub-paragraph (1) unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.]

(3)A person shall not be qualified for appointment under sub-paragraph (1) above if the person is—

(a)a member, officer or servant of the corporation, [F420; or]

(b)a partner of, or employed by, a member, officer or servant of the corporation, or

[F421(c)a body corporate of which a member, officer or servant of the corporation is a director or officer.]

Textual Amendments

F419Sch. 31, para. 11(2) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 37(a) (with reg. 4)

F420Word in Sch. 31, para. 11(3)(a) added (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 37(b)(i) (with reg. 4)

F421Sch. 31, para. 11(3)(c) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 37(b)(ii) (with reg. 4)

Transmission to Secretary of StateE+W+S

[F42212E+W+SAs soon as the accounts and statement of accounts of a corporation for any financial year have been audited under paragraph 10A(3) or 11(1), the corporation shall send to the Secretary of State a copy of the statement, together with—

(a)if the accounts and statement have been audited under paragraph 10A(3), a copy of the Comptroller and Auditor General’s report on the accounts and statement,

(b)if the accounts and statement have been audited under paragraph 11(1), a copy of any report made by the auditor on the accounts or on the statement.]

Textual Amendments

ReportsE+W+S

13(1)As soon as possible after the end of each financial year, a corporation shall make to the Secretary of State a report dealing generally with the corporation’s operations during the year, and shall include in the report a copy of its audited statement of accounts of that year.E+W+S

(2)Without prejudice to the generality of sub-paragraph (1) above, a report under this paragraph shall deal with the operation during the year of the corporation’s arrangements for consultation about the exercise of its powers with local authorities the whole or any part of whose area is included in the urban development area.

[F423(3)The Secretary of State shall lay before each House of Parliament—

(a)a copy of the report under this paragraph, and

(b)in the case of a corporation whose accounts and statement of accounts have been audited under paragraph 10A(3), a copy of the report sent to him under paragraph 12(a).]

Textual Amendments

InformationE+W+S

14E+W+SWithout prejudice to paragraph 13 above, a corporation shall provide the Secretary of State with such information relating to its undertaking as he may require, and for that purpose shall permit any person authorised by the Secretary of State to inspect and make copies of the accounts, books, documents or papers of the corporation and shall afford such explanation of them as that person or the Secretary of State may reasonably require.

Section 179.

SCHEDULE 32E+W+S Enterprise Zones

Part IE+W+S Designation of Zones

Invitation to prepare schemeE+W+S

1(1)The bodies which may be invited to prepare a scheme under this Schedule are, in relation to England and Wales:—E+W+S

(a)a district council;

[F424(aa)the council of a Welsh county or county borough;]

(b)a London borough council;

(c)a new town corporation;

(d)an urban development corporation.

(2)The bodies which may be invited to prepare a scheme under this Schedule are, in relation to Scotland:—

(a)a district or general planning authority within the meaning of section 172(4) of the 1973 Act;

(b)a new town corporation;

(c)an urban development corporation.

(3)The Secretary of State may invite any of the bodies to prepare a scheme relating to the development of an area falling within the district [F425county, county borough], borough, district or general planning authority area, new town area or urban development area (as the case may be) and send the scheme to him in accordance with this Schedule.

(4)The invitation shall be made with a view to the designation as an enterprise zone of the area for which the scheme may be prepared.

(5)The invitation—

(a)shall specify the area for which the scheme may be prepared;

(b)may contain directions as to the drawing up of the scheme (in particular, as to its form or content or any consultations to be made).

(6)The invitation may specify an area in which publicity is to be given under paragraph 2(2)(b) below.

(7)In this paragraph—

  • “new town area” means an area designated as the site of a new town by an order under section 1 of the [F426M169New Towns Act 1981] or section 1 of the M170New Towns (Scotland) Act 1968;

  • “new town corporation” means a development corporation established under either of those Acts;

  • “urban development area” means an area designated as such under this Act;

  • “urban development corporation” means a corporation established as such under this Act.

Textual Amendments

Marginal Citations

M1691981 c. 64 (123:3).

M1701968 c. 16 (123:4).

2(1)A body which receives an invitation may prepare a scheme in draft in accordance with the terms of the invitation.E+W+S

(2)If it prepares a scheme under sub-paragraph (1) above, it shall take such steps as will in its opinion secure—

(a)that—

(i)if the area for which the scheme is to be prepared is within Greater London, adequate publicity is given to its provisions in Greater London;

(ii)if the area for which the scheme is to be prepared is in England F427... but outside Greater London, adequate publicity is given to its provisions in the county in which the area is situated;

[F428(iia)if the area for which the scheme is to be prepared is in Wales, adequate publicity is given to its provisions in the county or county borough in which the area is situated;] and

(iii)if the area for which the scheme is to be prepared is in Scotland, adequate publicity is given to its provisions in the region in which the area is situated; and

(b)that adequate publicity is also given to the provisions of the scheme in any area specified under paragraph 1(6) above;

(c)that persons who may be expected to want to make representations to the body with respect to the provisions are made aware that they are entitled to do so; and

(d)that such persons are given an adequate opportunity of making such representations within a period specified by the body (the specified period).

(3)The body shall consider any representation–

(a)which is made to it within the specified period, and

(b)which is made on the ground that all or part of the development specified in the scheme should not be granted planning permission in accordance with the terms of the scheme.

Textual Amendments

Adoption of schemeE+W+S

3(1)After the expiry of the specified period or, if any representations falling within paragraph 2(3) above have been made, after considering them, the body may adopt the scheme by resolution.E+W+S

(2)The scheme adopted may be the scheme prepared in draft or, subject to sub-paragraph (3) below, that scheme as modified to take account of any such representation or any matter arising out of the representation.

(3)A scheme may not be modified in any way inconsistent with the Secretary of State’s invitation under paragraph 1 above.

(4)As soon as practicable after adopting a scheme under this Schedule, the body shall—

(a)send a copy of the scheme to the Secretary of State,

(b)deposit a copy of the scheme at its principal office, and

(c)publish an advertisement in accordance with sub-paragraphs (7) and (8) below.

(5)Any member of the public may inspect the copy so deposited, and make copies of or extracts from it, at any reasonable time without payment.

(6)The body shall make available copies of the scheme, at a reasonable cost, to any member of the public.

(7)The advertisement shall contain—

(a)a statement that the scheme has been adopted;

(b)a statement that a copy of the scheme can be inspected without payment;

(c)a statement of the address where and times when it can be inspected; and

(d)a statement that, if the Secretary of State makes an order designating the area to which the scheme relates as an enterprise zone, the order will have effect to grant planning permission in accordance with the scheme.

(8)The advertisement shall be published—

(a)in the London Gazette or, if the scheme relates to an area in Scotland, the Edinburgh Gazette; and

(b)on at least two occasions, in a newspaper circulating in the area to which the scheme relates.

Questioning scheme’s validityE+W+S

4(1)If a person is aggrieved by a scheme adopted by a body under this Schedule and he wishes to question its validity on the ground that it is not within the powers conferred by this Schedule, or that any requirement of this Schedule has not been complied with, he may within the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above make an application under this paragraph to the High Court or, if the scheme relates to an area in Scotland, the Court of Session.E+W+S

(2)On such an application the High Court or the Court of Session, if satisfied—

(a)that the scheme is wholly or to any extent outside the powers conferred by this Schedule, or

(b)that the interests of the applicant would be substantially prejudiced by the failure to comply with any requirement of this Schedule if an order were made under this Schedule designating the area to which the scheme relates as an enterprise zone,

may order that the Secretary of State shall not make an order under this Schedule designating the area as an enterprise zone in pursuance of the scheme, but (in a case where sub-paragraph) (b) above applies) may further order that, if steps are taken to comply with the requirement concerned, an order may be made designating the area.

(3)No order made by the Court under sub-paragraph (2) above prejudices the making of an order under this Schedule designating the area as an enterprise zone in pursuance of another scheme (so long as this Schedule is complied with).

(4)Except as provided by this paragraph, the validity of a scheme adopted under this Schedule shall not be questioned in any legal proceedings whatsoever.

Designation of enterprise zoneE+W+S

5(1)If a body adopts a scheme under this Schedule, the Secretary of State may (if he thinks it expedient to do so) by order designate the area to which scheme relates as an enterprise zone.E+W+S

(2)No order may be made until—

(a)the expiry of the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above, or

(b)if an application in relation to the scheme is made under paragraph 4(1) above, the time at which any proceedings arising out of the application are disposed of,

whichever is the later.

(3)The power to make the order shall be exercisable—

(a)by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)only with the Treasury’s consent.

(4)The order shall—

(a)specify the date of the designation taking effect (the effective date);

(b)specify the period for which the area is to remain an enterprise zone;

(c)define the boundaries of the zone by means of a plan or map;

(d)designate as the enterprise zone authority the body which was invited to prepare the scheme.

(5)The power to amend orders conferred by section 14 of the M171Interpretation Act 1978 does not include power to amend an order made under this paragraph.

(6)The power to revoke orders conferred by that section does not include power to revoke an order made under this paragraph before the expiry of the period mentioned in sub-paragraph (4)(b) above.

(7)

F429F430(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In the following provisions of this Schedule references to a scheme are, in relation to an area designated as an enterprise zone under this paragraph, to the scheme adopted for the area under paragraph 3(1) above.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

M1711978 c. 30 (115:1).

Publicity of designationE+W+S

6(1)As soon as practicable after the making of an order under paragraph 5 above, the body which adopted the scheme shall publish an advertisement in accordance with sub-paragraphs (2) and (3) below.E+W+S

(2)The advertisement shall contain—

(a)a statement that the order has been made and will have effect to make the area an enterprise zone; and

(b)a statement that a copy of the scheme can be inspected without payment and a statement of the address where and times when it can be inspected.

(3)The advertisement shall be published—

(a)in the London Gazette, or, if the scheme relates to an area in Scotland, the Edinburgh Gazette; and

(b)on at least two occasions, in a newspaper circulating in the area to which the scheme relates.

Right of entryE+W+S

7(1)Any person duly authorised in writing by a body which has been invited to prepare a scheme under this Schedule may at any reasonable time enter any land in the area to which the scheme relates (or could relate) for the purpose of surveying the land in connection with the preparation or adoption of a scheme under this Schedule.E+W+S

(2)In relation to England and Wales, [F431subsection (8) of section 324 and section 325 of the 1990 Act] (giving of notice, compensation for damage, etc.) shall apply in relation to sub-paragraph (1) above as they apply in relation [F431to section 324].

(3)In relation to Scotland, [F432subsection (6) of section 269 and section 270of the 1997 Act] (giving of notice, compensation for damage, etc.) shall apply in relation to sub-paragraph (1) above as they apply in relation [F432to section 269].

Textual Amendments

F432Words in Sch. 32 para. 7(3) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(13)(a)

Acts referred to in Part IE+W+S

8E+W+SIn this Part of this Schedule—

  • “ [F4331990] Act” means the Town and Country Planning Act [F4331990]

  • “ [F4341997] Act” means the M172Town and Country Planning (Scotland) Act [F4341997];

  • “1973 Act” means the M173Local Government (Scotland) Act 1973.

Textual Amendments

F434Word in Sch. 32 para. 8 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 parr. 31(13)(b)

Marginal Citations

M1721972 c. 52 (123:2).

Part IIE+W+S Modification of Scheme, Etc.

Modification of schemeE+W+S

9(1)Where an order has been made under paragraph 5 above, the Secretary of State may invite the enterprise zone authority to prepare modifications to the scheme.E+W+S

(2)The invitation may contain directions as to the drawing up of the modifications (in particular, as to their form or content or any consultations to be made).

10(1)The enterprise zone authority may prepare modifications to a scheme in draft in accordance with the terms of the invitation.E+W+S

(2)Paragraphs 2(2) and (3), 3 and 4 above shall apply in relation to modifications to a scheme as they apply in relation to a scheme.

11(1)If an enterprise zone authority adopts modifications to a scheme, the Secretary of State may (if he thinks it expedient to do so) notify the authority of his approval of them.E+W+S

(2)No such notification may be given until—

(a)the expiry of the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above (as applied by paragraph 10 above); or

(b)if an application in relation to the scheme is made under paragraph 4(1) above (as so applied), the time at which any proceedings arising out of the application are disposed of,

whichever is the later.

(3)The notification shall specify the date of the modifications taking effect (the effective date of modification).

12(1)As soon as practicable after the date of the notification, the enterprise zone authority shall publish an advertisement in accordance with sub-paragraphs (2) and (3) below.E+W+S

(2)The advertisement shall contain—

(a)a statement that the Secretary of State has notified the authority of his approval of the modifictions; and

(b)a statement that a copy of the modifications can be inspected without payment; and

(c)a statement of the address where and times when they can be inspected.

(3)The advertisement shall be published—

(a)in the London Gazette or, if the scheme relates to an enterprise zone in Scotland, the Edinburgh Gazette; and

(b)on at least two occasions, in a newspaper circulating in the enterprise zone.

13E+W+SThe power to modify a scheme under the preceding provisions of this Part of this Schedule includes power wholly to replace a scheme.

14E+W+SIn the following provisions of this Schedule references to a modified scheme are references to a scheme modified under this Part of this Schedule.

Modification of orders by Secretary of StateE+W+S

15(1)Subject to sub-paragraph (3) below, the Secretary of State may (if he thinks it expedient to do so) by order modify any order made under paragraph 5 above.E+W+S

(2)Without prejudice to the generality of sub-paragraph (1) above, an order under this paragraph—

(a)may extend the period for which the zone is to remain an enterprise zone; and

F435(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The power conferred by sub-paragraph (1) above does not include—

(a)power to alter the boundaries of an enterprise zone;

(b)power to designate a different enterprise zone authority for the zone; or

(c)power to reduce the period for which the zone is to remain an enterprise zone.

(4)The power to make an order under this paragraph shall be exercisable—

(a)by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)only with Treasury’s consent.

(5)The power to amend orders conferred by section 14 of the M174Interpretation Act 1978 does not include power to amend an order made under this paragraph.

(6)The power to revoke orders conferred by that section does not include power to revoke any order made under this paragraph which extends the period for which a zone is to remain an enterprise zone before the expiry of the extended period.

Textual Amendments

Marginal Citations

Change of enterprise zone authorityE+W+S

16(1)This paragraph applies where—E+W+S

(a)the body designated as an enterprise zone authority is a new town corporation or an urban development corporation; and

(b)the Secretary of State intends to make an order dissolving that body under section 41 of the M175 New Towns Order 1965 (or section 36 of the M176New Towns (Scotland) Act 1968 or under section 166 above.

(2)Where this paragraph applies, the Secretary of State may by order made by statutory instrument designate as the enterprise zone authority for the zone any body which he could have invited to prepare a scheme for the area comprised in the zone under paragraph 1 above.

(3)An order under this paragraph shall specify the date on which the body is to become the enterprise zone authority.

Marginal Citations

M1761968 c. 16 (123:4).

Part IIIE+W+S Planning

GeneralE+W+S

F43617E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F436Sch. 32 para. 17 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Amendments of 1971 ActE+W+S

F43718E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendments of 1972 ActE+W+S

F43819E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F438Sch. 32 para. 19 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Enterprise zone authority as planning authorityE+W+S

(1)

20F439F440(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F44121E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F441Sch. 32 para. 21 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F44222E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F442Sch. 32 para. 22 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Structure and local plansE+W+S

23F443E+W+S

Textual Amendments

Structure and local plansE+W+S

F44424E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F444Sch. 32 para. 24 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

RegulationsE+W+S

F44525E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F445Sch. 32 para. 25 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

InterpretationE+W+S

26(1)In this part of this Schedule—E+W+S

  • “planning enactment” means any provision of [F446the 1990 Act, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990] or of [F447the 1997Act, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or the Planning (Hazardous Substances) (Scotland) Act 1997] or of any instrument made under either of them;

  • [F448 “the 1990 Act” means the Town and Country Planning Act 1990]

  • [F449“the 1997 Act” means the Town and Country Planning (Scotland) Act 1997].

F450(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any expression used in this Part of this Schedule and to which a meaning is assigned—

(a)in relation to England and Wales, by the [F4511990] Act; or

(b)in relation to Scotland, by the [F4471997] Act,

has, in relation to England and Wales or, as the case may be, in relation to Scotland, the meaning so assigned to it.

Textual Amendments

F449Sch. 32 para. 26(1): definition of

“the 1972 ACt”

substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(13)(c)(ii)

F452Part IVE+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F452Sch. 32 Pt. IV (paras. 27–32) repealed by S.I. 1990/776, art. 3, Sch. 1

Part VS Rates—Scotland

No rates on certain lands and heritagesS

33(1)No person shall be liable to pay rates in respect of exempt lands and heritages as regards any period during which the area in which the lands and heritages are situated is designated as an enterprise zone.S

[F453Provided that where the lands and heritages are situated only partially within any one enterprise zone their value shall, for the purpose of determining what rates (if any) are payable in respect of the lands and heritages, be apportioned between so much of them as lies within, and so much of them as lies outwith, that zone as if—

(i)the apportionment were by reason of their extending into two or more rating areas; and

(ii)the boundary of the enterprise zone were the boundary of such an area.]

(2)Lands and heritages are exempt lands and heritages for the purpose of this paragraph unless—

F454(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F455(b)the rateable values of the lands and heritages are prescribed under or determined by virtue of an order under section 6 of the Local Government (Scotland) Act 1975 (valuation by formula of certain lands and heritages),]

(c)they are occupied by a public utility undertaking and the value of such lands and heritages falls to be ascertained by reference to the profits of the undertaking carried on therein.

F456(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this paragraph—

  • F457. . .

  • F458. . .

  • F459. . . [F460; and “rating area” means the area of a rating authority.]

Textual Amendments

F457Sch. 32 para. 33(4): definition of

“private garage”

repealed (1.4.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1994/3150, art. 4(a), Sch. 1

F458Sch. 32 para. 33(4): definition of

“private storage premises”

repealed (1.4.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1994/3150, art. 4(a), Sch. 1

F459Sch. 32 para. 33(4): definition of

“rates”

repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

Grants to Compensate Rating Authorities for Loss of RevenueS

34(1)[F461For the financial year 1995-96,]The Secretary of State shall make grants to rating authorities who lose revenue [F461in respect of the non-domestic sewerage rate] from exempt lands and heritages in consequence of the provisions of this Part of this Schedule.S

(2)Such grants shall be paid out of money provided by Parliament.

(3)Such grants shall be paid at such times as the Secretary of State may, with consent of the Treasury, determine.

(4)A grant to a rating authority under this paragraph shall be of such an amount as will fully compensate the authority for the lost revenue mentioned in sub-paragraph (1) above.

Textual Amendments

SupplementaryS

35SThis Part of this Schedule applies only to Scotland.

Section 193.

SCHEDULE 33E+W+S Minor and Consequential Amendments

Commissioners of Works Act 1894 (c. 23)E+W+S

1(1)Section 1 of the Commissioners of Works Act 1894 shall continue to be amended as mentioned in this paragraph, notwithstanding the repeal by this Act of paragraph 2 of Schedule 10 to the M177Community Land Act 1975.E+W+S

(2)For subsection (1) of section 1 of the said Act of 1894 (which applies the Land Clauses Acts to acquisitions under the M178Commissioners of Works Act 1852), there shall in relation to England and Wales by substituted the following subsection—

“(1)For the purpose of purchase of land by the Secretary of State under the Commissioners of Works Act 1852, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply.

In the said Part I as so applied the word “land” means (except where the context otherwise requires) any corporeal hereditament, including a building, in relation to the acquisition of land under the said Act of 1852, includes any interest in or right over land.”.

(3)For subsection (1) of section 1 of the said Act of 1894 there shall in relation to Scotland by substituted the following subsection—

“(1)For the purpose of the purchase of land by the Secretary of State under the Commissioners of Works Act 1852, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845), and sections 6 and 70 of the Railway Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923) are hereby incorporated with the said Act of 1852, and, in construing those Acts for the purposes of the said Act of 1852, that Act shall be deemed to be the special Act and the Secretary of State shall be deemed to be the promoter of the undertaking or company, as the case may require.

In relation to the acquisition of land under the said Act of 1852, “land” includes any interest in or right over land.”.

(4)This paragraph shall have effect only in relation to agreements entered into after 12 December 1975.

Modifications etc. (not altering text)

C103The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Agricultural Land (Utilisation) Act 1931 (c. 41)E+W+S

2E+W+SThe following subsections shall be added after section 12(1) of the Agricultural Land (Utilisation) Act 1931 (power of county councils to provide cottage holdings)—

“(1A)If the tenant of a cottage holding feels aggreived by a prohibition such as is mentioned in the proviso to section 47(1) of the Small Holdings and Allotments Act 1908 (prohibition of improvements), he may appeal to the Minister of Agriculture, Fisheries and Food, who may confirm, vary or annul the prohibition, and the decision of the Minister shall be final.”.

Modifications etc. (not altering text)

C104The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Lands Tribunal Act 1949 (c. 42)E+W+S

3(1)Section 3 of the Lands Tribunal Act 1949 shall continue to be amended as mentioned in this paragraph, notwithstanding the repeal by this Act of paragraph 3 of Schedule 10 to the M179Community Land Act 1975.E+W+S

(2)In section 3 of the Lands Tribunal Act 1949 (rules regulating proceedings before the Land Tribunal) after subsection (6) there shall be inserted the following subsections—

“(6A)It is hereby declared that this section authorises the making of rules which allow the Tribunal to determine cases without an oral hearing.

(6B)The rules shall require that the determination without an oral hearing of any disputed claim for compensation which—

(a)is payable in respect of a compulsory acquisition of land, or

(b)depends directly or indirectly on the value of any land,

shall require the consent of the person making the claim.

(6C)Where the Tribunal determine a case without an oral hearing, subsection (3) of this section shall apply subject to such modifications as may be prescribed by the rules.”

(3)In sections 3(6)(b) of the M180Lands Tribunal Act 1949 (provision for the Tribunal to sit with assessors) for “sit with" there shall be substituted “ be assisted by ”.

Modifications etc. (not altering text)

C105The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Landlord and Tenant Act 1954 (c. 56)E+W+S

4(1)In subsection (2) of section 37 of the Landlord and Tenant Act 1954 (compensation where order for new tenancy precluded on certain grounds) the words “ the product of the appropriate multiplier and ” shall be inserted after the word “be" in paragraphs (a) and (b).E+W+S

(2)The following subsections shall be added after subsection (7) of that section :—

“(8)In subsection (2) of this section “the appropriate multiplier” means such multiplier as the Secretary of State may by order made by statutory instrument prescribe.

(9)A statutory instrument containing an order under subsection (8) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

Modifications etc. (not altering text)

C106The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Land Compensation Act 1961 (c. 33)E+W+S

5(1)Sections 2(2), 15(5) and 19(3) of the M181Land Compensation Act 1961 shall continue to be amended as mentioned in this paragraph notiwithstanding the repeal by this Act of paragraph 4(1) to (3) and (5) of Schedule 10 to the M182Community Land Act 1975.E+W+S

(2)At the end of section 2(2) of the Land Compensation Act 1961 (tribunal to sit in public) there shall be added—

“Provided that this subsection shall not prevent the determination of cases without an oral hearing pursuant to rules under section 3 of the Lands Tribunal Act 1949”.

(3)In section 15(5) of the Land Compensation Act 1961 (assumption as to planning permission) for the words “might reasonably have been expected to be" there shall be substituted the words “ would have been ” and after the word “thereof" there shall be inserted the words “ if it were not proposed to be acquired by any authority possessing compulsory purchase powers ”.

(4)In section 19(3) of the Land Compensation Act 1961 (extension of sections 17 and 18 to special cases) there shall be substituted for the words “paragraph (a)" the words “ paragraphs (a) and (b) ” and for the words “paragraph (b)" the words “ paragraph (c) ”.

(5)Sub-paragraphs (3) and (4) abvoe shall have effect only in relation to applications, or certificates issued in pursuance of applications made after 12 December 1975.

Modifications etc. (not altering text)

C107The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

F4626E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Land Compensation (Scotland) Act 1963 (c. 51)E+W+S

7(1)Sections 9(2), 23(5) and 27(5) of the Land Compensation (Scotland) Act 1963 shall continue to be amended as mentioned in this paragraph notwithstanding the repeal by this Act paragraph 5(1) to (3) and (5) of Schedule 10 to the M183Community Land Act 1975.E+W+S

(2)At the end of section 9(2) of the Land Compensation (Scotland) Act 1963 (tribunal to sit in public) there shall be added—

“Provided that this subsection shall not prevent the determination of cases without an oral hearing pursuant to rules under section 3 of the Lands Tribunal Act 1949.”.

(3)In section 23(5) of the Land Compensation (Scotland) Act 1963 (assumptions as to planning permission) for the words “might reasonably have been expected to be" there shall be substituted the words “ would have been ” and after the word “thereof" there shall be inserted the words “ if it were not proposed to be acquired by any authority possessing compulsory purchase powers ”.

(4)In section 27(5) of the Land Compensation (Scotland) Act 1963 (extension of sections 25 and 26 to special cases) there shall be substituted for the words “section 25(3)(a)" the words “ subsection (3)(a) and (b) of section 25 ” and for the words “subsection (3)(b)" the words “ subsection (3)(c) ”.

(5)Sub-paragrapphs (3) and (4) abvoe shall have effect only in relation to application to applications, or certificates isued in pursuance of applications, made after 12 December 1975.

(6)In Schedule 2 to the Land Compensation (Scotland) Act 1963 (acquisition of houses as being unfit for human habitation) at the end of paragraph 1(1) there shall be added “or

(h)an acquisition by means of an order under section 141 of the Local Government, Planning and Land Act 1980 vesting land in an urban development corporation; or

(i)an acquisition by such a corporation under section 142 of that Act.”.

Modifications etc. (not altering text)

C108The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

F4638E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4649—11.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46512E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Local Government Act 1972 (c. 70)E+W+S

13(1)Paragraph 55 of Schedule 16 to the Local Government Act 1972 shall continue to be amended as mentioned in this paragraph, notwithstanding the repeal by this Act of paragraph 8(2) of Schedule 10 to the M184Community Land Act 1975.E+W+S

(2)In the said paragraph 55 (which makes provision as to the exercise of functions under section 17 of the M185Land Compensation Act 1961 elsewhere than in Greater London) for the words “might reasonably have been expected to be granted", in both places where they occur, there shall be substituted the words “ would have been granted if the land in question were not proposed to be acquired by any authority possessing compulsory purchase powers. ”

This sub-paragraph shall have effect only in relation to applications made after 12 December 1975.

Modifications etc. (not altering text)

C109The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Housing Act 1980 (c. 51)E+W+S

14E+W+SIn Schedule 5 to the Housing Act 1980 (application of M186Landlord and Tenant Act 1954 to assured tenancies) the following paragraph shall be inserted after paragraph 7:—

“7AThe power to prescribe a multiplier conferred by subsection (8) of that section includes a power to prescribe a multiplier in relation to assured tenancies different from that prescribed in relation to other tenancies to which Part II of the Landlord and Tenant Act 1954 applies.”

Modifications etc. (not altering text)

C110The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Section 194.

SCHEDULE 34U.K. Repeals

Modifications etc. (not altering text)

C111The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IE+W+S Repeals Consequential on Section 1(1)—Various Controls

ChapterShort titleExtent of repeal
12, 13 & 14 Geo. 6. c. 55Prevention of Damage by Pests Act 1949.Section 2(2).
Section 12(1).
In section 21(1) the words “to give general directions under section twelve of this Act and".
14 & 15 Geo. 6. c. 63.Rag Flock and Other Filling Materials Act 1951.Section 6(5) and (6).
Section 7(5) and (6).
Section 15(5).
Section 27.
4 & 5 Eliz. 2. c. 16.Food and Drugs Act 1955.Section 99(2).
In section 109, in subsection (2) the words “Subject to the next following subsection," and subsection (3).
1970 c. 40.Agriculture Act 1970.Section 67(7).
Section 80(2), (3) and (4).
Section 86(8).
1972 c. 70.Local Government Act 1972.Section 138(2).
1974 c. 3.Slaughterhouses Act 1974.Section 2(6) and (7).
In section 12(1) the words “and shall if so required by the Minister".
In section 16(1)(a) the words “and shall if so required by the Minister".

Part IIE+W+S Repeals Consequential on Section 1(2)—Clean Air and Pollution

ChapterShort titleExtent of repeal
4 & 5 Eliz. 2 c. 52.Clean Air Act 1956Section 4.
In section 6, subsection (3), and in subsection (5) the words “under subsection (3) or".
In section 11, in subsection (1) the words “confirmed by the Minister", in subsection (5) the words “and confirmed" (in both places where they occur) and in subsection (6) the words “confirmation and".
In section 12(2) the words “and confirmed".
In section 31(6), the words from “or", in the second place where it occurs, to the end in their application to England and Wales.
Section 35(4).
1964 c. 56.Housing Act 1964.In section 95, in subsection (2), the words “as confirmed" and the words “then, if the order is confirmed," and subsection (2A).
1968 c. 62.Clean Air Act 1968.Section 4(3).
Section 6(3).
In section 10, subsections (1) to (4).
In section 12(1) the words “14 or".
Section 14(3).
1974 c. 40.Control of Pollution Act 1974.In section 2, in subsection (2), the words from “but provision may bemade by regulations" to the end, in subsection (3)(a)(vi) the words “and such other persons as may be prescribed", and subsection (7).
In section 5, in subsection (1), the words “and include such information as is prescribed", in subsection (2) the words from “but provision may bemade by regulations" to the end, in subsection (4)(a) the words “and to any other prescribed person", in subsection (4)(b) the words “or person" (in each place where they occur), in subsection (5)(a) the words “and (iii) any other prescribed person", and in subsection (5)(b) the words “or person" (in each place where they occur).
In section 6, in subsection (1) the words “as to the conditions which are not to be specified in a disposal licence, and", and in subsection (2) the words “Subject to regulations made in pursuance of the preceding subsection".
In section 11, in subsection (3), paragraph (b) and in paragraph (c) the words “and to any other prescribed person" in subsection (4)(a) the words “and to any other prescribed person", and, in subsection (6), paragraph (b) and the word “and" immediately preceding it.
In section 23, subsection (3) and, in subsection (4), the word “also".
In section 28(1) the words “in the prescribed form".
In section 63, in subsection (1) the words “confirmed by the Secretary of State", in subsection (3) the words “and confirmed" (in both places where they occur), and in subsection (4) the words “confirmation and".
Section 73(2)(a).
In section 79(5) the words “or with the consent of the Secretary of State".
In Schedule 3, paragraph 22.

Part IIIE+W+S Repeals Consequential on Section 1(3)—Amenity Etc.

ChapterShort titleExtent of repeal
39 & 40 Vict. c. 56.Commons Act 1876.Section 8.
62 & 63 Vict. c. 30.Commons Act 1899.In section 2, the second sentence.
In section 12 the words “and subject to the approval of the Local Government Board".
12, 13 & 14 Geo. 6. c. 97.National Parks and Acess to the Countryside Act 1949.Section 37.
In section 61(3) paragraph (b) of the proviso.
Section 62(4).
Section 79.
In section 80(3) the words “made with the approval of the Minister".
1968 c. 41.Countryside Act 1968.Section 17.
1978 c. 3.Refuse Disposal (Amenity) Act 1978.In section 3(2) the words “in the prescribed manner" and the words “in the prescribed manner and".
Section 4(4).
In section 6(2) the words “in the prescribed manner" and the words “in the prescribed manner and".

Part IVE+W+S Repeals Consequential on Section 1(4)—Weights and Measures and Trade

ChapterShort titleExtent of repeal
14 Geo. 6. c. 28.Shops Act 1950.In section 8(1) the words “and confirmed by the Secretary of State in manner provided in this Act".
In section 9, in subsection (2), the words from “and the order" to the end, and subsection (3).
Section 10.
1963 c. 31.Weights and Measures Act 1963.In section 5(1A) the words “with the approval of the Secretary of State".
In section 39, subsections (3), (4) and (5).
In section 41(2) the words from “and notice" to the end.
1968 c. 29.Trade Descriptions Act 1968.Section 26(3) and (4).
1974 c. 39.Consumer Credit Act 1974.Section 161(4), (5) and (6).
1979 c. 38.Estate Agents Act 1979.Section 26(5), (6), (7) and (8).
1979 c. 45.Weights and Measures Act 1979.In section 1(8)(a) the words from “and for the payment" to the end.
In section 4(3) the words from “to the investigation of a complaint" to “are not being properly discharged" the words “in sections 38(1)" and the words “39(3) the references".

Part VE+W+S Repeals Consequential on Section 1(5)—Allotments

ChapterShort titleExtent of repeal
8 Edw. 7. c. 36.Small Holdings and Allotments Act 1908.In section 28(3) the words “Rules under this section" to the end.
In section 32(2) the words “and which is approved by the Local Government Board".
In the proviso to section 47(1) the words from “but, if the tenant feels aggreived" to the end.
In section 49(2) the words “with the consent of, and subject to regulations made by, the Local Government Board".
Section 54.
Section 59.
9 & 10 Geo. 5. c. 59.Land Settlement (Facilities) Act 1919.In section 22(1) the words from “with the consent" to “may impose".
12 & 13 GGeo. 5. c. 51.Allotments Act 1922.Section 20.
15 & 16 Geo. 5. c. 61.Allotments Act 1925.Section 13.

PART VIE+W+S Repeals Consequential on Section 1(6)—Charges and Rates of Interest Etc.

ChapterShort titleExtent of repeal
26 Geo. 5 & 1 Edw. 8. c. 49.Public Health Act 1936.In section 291(3), the proviso.
5 & 6 Eliz. 2. c. 56.Housing Act 1957.Section 10(6).
9 & 10 Eliz. 2. c. 65.Housing Act 1961.Section 18(8).
1964 c. 75.Public Libraries and Museums Act 1964.In section 8(2), the words “not exceeding such amount as may be specified in that behalf by the Secretary of State".
1966 c. 42.Local Government Act 1966.In Schedule 3, in Part II, paragraphs 7, 15 and 32.
1966 c. 51.Local Government (Scotland) Act 1966.In Schedule 4, in Part II, paragraphs 13 and 22.
1968 c. 54.Theatres Act 1968.In Schedule 1, in paragraph 3, sub-paragraphs (2) and (3).
1972 c. 70.Local Government Act 1972.Section 171.
1972 c. xl.Greater London Council (General Powers) Act 1972.Section 19(6)(c).
1973 c. 60.Breeding of Dogs Act 1973.Section 1(3).
1973 c. 65.Local Government (Scotland) Act 1973.In section 121(1) the words “section 10(2) of the Coast Protection Act 1949" and “section 23(5) of the Mines and Quarries (Tips) Act 1969".
1974 c. 44.Housing Act 1974.Section 76(6).

Part VIIE+W+S Repeals Consequential on Section 1(7)—Highways

ChapterShort titleExtent of repeal
12, 13 & 14 Geo. 6. c. 97.National Parks and Access to the Countryside Act 1949.In section 53, in subsection (1), the words “with the approval of the Minister" in paragraph (b) and at the end of that paragraph the words “as the Minister may either generally or in any particular case direct", and subsections (3) and (4).
7 & 8 Eliz. 2 c. 25.Highways Act 1959.In section 30, subsections (2) and (3) and in subsection (4), the words “Subject to the provisions of subsection (2) of this section.".
Section 59(6).
In section 73(1) the proviso.
Sections 95 and 96.
In section 108(10), the words “and any question arising under this subsection whether the witholding of a consent is unreasonable shall be determined by the Minister".
In section 126, subsection (2), in subsection (3) the words “or the Minister of Housing and Local Government under the last foregoing paragraph", and in subsection (4), the words “or subsection (2)".
Section 181(5).
In section 211(2) the proviso.
In section 233, in subsection (2), the words from “but" to the end and in subsection (5) the words “subject to the approval of the Minister".
Section 246(2).
Section 264(5).
Section 280(2), (3) and (4).
Section 288.
In Schedule 24, paragraph 12(4).
9 & 10 Eliz. 2. c. 63.Highways (Miscellaneous Provisions) Act 1961.Section 16(4).
1966 c. 42.Local Government Act 1966.Section 29(3).
1968 c. 41.Countryside Act 1968.In section 29(4) the words “and the highway authority shall before refusing to make an order under subsection (22) of this section consult the Minister of Agriculture, Fisheries and Food".
1968 c. 73.Transport Act 1968.Section 120.
1971 c. 41.Highways Act 1971.Section 85.

Part VIIIE+W+S Repeals Consequential on Section 1(8)—Road Traffic

ChapterShort titleExtent of repeal
1967 c. 76.Road Traffic Regulation Act 1967.Section 1(9).
In section 9(5) the words “made by the Greater London Council".
Section 17.
Section 26(5).
Section 84B(1)(g).
In section 84D, in subsection (2)(d), the words “section 26(5) or" and subsection (3).
Section 113(2).
1968 c. 41.Countryside Act 1968.Section 32(9).
1972 c. 70.Local Government Act 1972.In Schedule 19, paragraph 11.
1973 c. 65.Local Government (Scotland) Act 1973.In Schedule 14, paragraph 63.

Part IXE+W+S Rates

ChapterShort titleExtent of repeal
1967 c. 9.General Rate Act 1967.In section 4(2), the words “of seven days".
Section 5(1)(g).
In section 19(6), the definition of “house".
In section 30(1), the word “(2)".
Section 48(4).
Section 50(2).
In Schedule 1, in paragraph 1(2), the words “and no reduction shall be made under section 48 of this Act in respect of any rates so payable".
Schedule 2.
In Schedule 10, paragraph 2, in paragraph 5(c) the words from “(apart" to “this Act)" and in paragraph 6 the words “in accordance with paragraph 1(a) of this Schedule".
1969 c. 19.Decimal Currency Act 1969.In Schedule 2, paragraph 28(3).
1973 c. xxx.Greater London Council (General Powers) Act 1973.Section 26.
1974 c. 7.Local Government Act 1974.In Schedule 7, paragraph 4.
1975 c. 5.General Rate Act 1975.The whole Act.
1976 c. 15Rating (Caravan Sites) Act 1976.In section 1(4) the words “in determining whether the hereditament is a mixed hereditament".

Part XE+W+S Town and Country Planning

ChapterShort titleExtent of repeal
1971 c. 78.Town and Country Planning Act 1971.In section 6, in subsection (2), the words “and shall, if directed to do so by the Secretary of State" and in subsection (5), the words “and, for the Secretary of State to direct them to institute,".
In section 7, in subsection (2), the words “during such period as the Secretary of State may direct" and the words from “and" to the end, and subsection (5).
In section 10C(2), the words “Subject to regulations under this section,".
In section 11, in subsection (3)(b), the words “or as the Secretary of State may in any particular case direct", in subsection (5), the words “or as the case may in any particular case be specified in directions given by the Secretary of State;" subsection (6), and in subsection (10), the words “the preceding provisions of".
In section 12, in subsection (1)(a), the words “to any relevant matter arising out of a survey carried out under section 6 or 11 of this Act and", in subsection (2), the words “and at such other places as may be prescribed" and in subsection (3), the words “containing such particulars, if any, as the case may be prescribed".
Section 50.
In section 55(2), the word “only" and in paragraph (a), the words “(in this Act referred to as “listed building consent")".
Section 56(2).
In section 60(5), paragraph (c) and in paragraph (d), the words “the Secretary of State or".
In section 61, in subsection (2)(b), the words from “or" to the end of the paragraph and subsection (3).
In section 277, subsection (3) and (5)(a) and (b).
In section 277A, subsection (3) and in subsection (4), the words “or to an individual building so specified".
Section 277B(3).
In Schedule 3, in paragraph 4, the word “58".
In Schedule 4, in paragraph 1, the words from “or" to the end, in paragraph 2, the words from “and" to the end, paragraph 6, in paragraph 11, in sub-paragraph (2)(b), the words “or as the Secretary of State may direct", and in sub-paragraph (3), the words “or as may in any particular case be specified in directions given by the Secretary of State", and in paragraph 12, in sub-paragraph (2), the words “and at such other places as may be prescribed" and in sub-paragraph (3), the word “such" and the words “if any, as may be prescribed".
In Schedule 11, paragraph 3, paragraph 12(1)(b) and the word “and" immediately preceding it and in paragraph 12(3), the words from “and the notice" to the end.
1972 c. 70.Local Government Act 1972.In Schedule 16, in paragraph 15(2), the words from “unless" to the end, in paragraph 25, in sub-paragraph (1), the words “Subject to sub-paragraph (2) below," and sub-paragraph (2), and paragraph 32(d).
In Schedule 17, paragraph 6(b).
1978 c. 50.Inner Urban Areas Act 1978.Section 12.

Part XIU.K. Community Land

ChapterShort titleExtent of repeal
1961 c. 33.Land Compensation Act 1961.In Schedule 2, paragraph 2(1)(i) and the word “or" immediately preceding it.
1963 c. 51.Land Compensation (Scotland) Act 1963.In Schedule 2, paragraph 1(1)(g) and the word “or" immeduately preceding it.
1971 c. 78.Town and Country Planning Act 1971.Section 34(1A).
1972 c. 52.Town and Country Planning (Scotland) Act 1972.In section 31(2) the words “and with respect to resolutions and notifications under Schedule 8 to the Community Land Act 1975".
Section 31(2A).
1974 c. 7.Local Government Act 1974.In section 25(1)(aa) the words from “and" to the end.
1975 c. 24.House of Commons Disqualification Act 1975.In Part II of Schedule 1, the entry relating to a Financial Tribunal within the meaning of section 27(1) of the Community Land Act 1975.
1975 c. 30.Local Government (Scotland) Act 1975.Section 23(1)(aa).
1975 c. 77.Community Land Act 1975.The whole Act.
1976 c. 75.Development of Rural Wales Act 1976.In Schedule 7, paragraph 16.
1977 c. 42.Rent Act 1977.In Schedule 23, paragraph 71.

Part XIIE+W+S Land Compensation

ChapterShort titleExtent of repeal
1973 c. 26.Land Compensation Act 1973.Section 14.
In section 19, in subsection (1) the definition of “claim period" and in subsection (3) the words from “but, if it does" onwards.
Section 32(8).
1973 c. 56.Land Compensation (Scotland) Act 1973.Section 12.
In section 17, in subsection (1) the definition of “claim period" and in subsection (3) the words from “but, if it does" onwards.
Section 29(8).

Part XIIIE+W+S Repeals Consequential on Section 118 England and Wales

ChapterShort titleExtent of repeal
9 & 10 Geo. 6. c. 49.Acquisition of Land (Authorisation Procedure) Act 1946.In Schedule 1, in paragraph 3(1), the words in head (b) from “except" to “case", head (c) and the proviso, and in paragraph 7A, the words “the confirming authority and to" and the words “or affixing of notices".
12, 13 & 14 Geo. 6. c. 97.National Parks and Access to the Countryside Act 1949.Section 77(4).
7 & 8 Eliz. 2. c. 53.Town and Country Planning Act 1959.In section 23(3), the words following paragraph (ii).
In section 26, subsection (3) and in subsection (5) the words following paragraph (ii).
Section 30(5).
1971 c. 78.Town and Country Planning Act 1971.Section 119(2).
In section 121(1) the words “open space".
Section 122(2)(a) and (3).
Section 123(2)(a) and (b), (3) to (6).
1972 c. 70.Local Government Act 1972.In section 122, in subsection (2), the words “open space" in paragraph (a) and the words following paragraph (b), and subsections (3), (5) and (6).
Section 123(3), (4) and (5).
Section 123A.
In section 126, in subsection (4), the words “open space" in paragraph (a) and the words following paragraph (b), and subsections (5) and (7).
SCOTLAND
1973 c. 65.Local Government (Scotland) Act 1973.Section 74A.

Part XIVE+W+S Town Development

ChapterShort titleExtent of repeal
15 & 16 Geo. 6 & 1 Eliz. 2. c. 54.Town Development Act 1952.In section 4(1), the words “county or".
Section 7(c).
In the second paragraph of section 8(1), paragraph (c).
In section 10(3), the words “county or".
Section 11.
1972 c. 70.Local Government Act 1972.Section 185(2) and (3).
In Schedule 18, paragraph 1 and in paragraph 4 the words from “the", in the first place where it occurs, to “and".

PART XVE+W+S New Towns

ChapterShort titleExtent of repeal
1964 c. 26.Licensing Act 1964.In section 112(1), in paragraph (a), sub-paragraph (ii) and the word “or" immediately preceding it and, in paragraph (b), sub-paragraph (ii) and the word “or" immediately preceding it.
In section 112(5) the words “or licensed premises".

PART XVIE+W+S Miscellaneous

ChapterShort titleExtent of repeal
38 & 39 Vict. c. 55.Public Health Act 1875.Section 172.
15 & 16 Geo. 6. & 1 Eliz. 2. c. 31.Cremation Act 1952.In section 1, in subsection (1) the words from “unless" to “nor" and the words “to be in accordance with such plans" and subsections (2) and (3).
7 & 8 Eliz. 2. c. 25.Highways Act 1959.In section 127(c) the words “or a gipsy."
4 & 5 Eliz. 2. c. 52.Clean Air Act 1956.Section 23.
1963 c. 33.London Government Act 1963.Section 73(2).
In Schedule 2, in paragraph 28(1), the words “with the approval of the Treasury".
1966 c. 42.Local Government Act 1966.In section 9(3), the words “to a local authority".
In Schedule 5, paragraph 1.
1968 c. 52.Caravan Sites Act 1968.In section 6(2), the words from “and the Minister" to the end.
1970 c. 42.Local Authority Social Services Act 1970.Section 6(3) and (4).
In section 13, in subsection (1), the words “and regulations" in subsection (3), the words “or regulations under section 6(3) thereof", and in subsection (5), the words “or regulations".
In section 15(2), the word “3".
1972 c. 70.Local Government Act 1972.Section 144(3).
Section 174(3).
In section 190, in subsection (1) the words from “and for the words" to the end, and subsections (2) and (3).
1973 c. 37.Water Act 1973.In Schedule 3, paragraph 11(2).
1973 c. 65.Local Government (Scotland) Act 1973.Section 46(2).
1974 c. 7.Local Government Act 1974.Section 1(8)
In Schedule 1, paragraphs 1 to 5 and 10.
1976 c. 70.Land Drainage Act 1976.Section 65(8).
1978 c. 50.Inner Urban Areas Act 1978.Section 14.
1978 c. xiii.Greater London Council (General Powers) Act 1978.Section 8.