Local Government, Planning and Land Act 1980

Transfer of corporations’ undertakings E+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 [F1 or other body] or any statutory undertakers and approved by the Secretary of State with the Treasury’s concurrence:—

(a) transfer to the local authority [F1 or 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.

F2 (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 [F3 and [F4 sections 165A to 166] below], namely—

(a) (in the application of [F5 the sections] to England F6 . . .) a county council, a district council, a London borough council, F7 and the Common Council of the City of London;

[F8 (aa) (in the application of the sections to Wales) a county council or county borough council;]

(b) (in the application of [F5 the sections] to Scotland) [F9 any 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

F1 Words in s. 165(1) inserted (11.10.1993) by 1993 c. 28, s. 180(1); S.I. 1993/2134, art. 4(a)

F2 S. 165(3) repealed (11.10.1993) by 1993 c. 28, ss. 180(2), 187(2), Sch. 22; S.I. 1993/2134, art. 4(a)

F3 Words in s. 165(9) inserted (11.10.1993) by 1993 c. 28, s. 180(3)(a); S.I. 1993/2134, art. 4(a)

F4 Words in s. 165(9) substituted (24.9.1996) by 1996 c. 53, ss. 143(2), 150(2)

F5 Words in s. 165(9) substituted (11.10.1993) by 1993 c. 28, s. 180(3)(b); S.I. 1993/2134, art. 4(a)

F6 Words 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

F7 Words repealed by Local Government Act 1985 (c. 51, SIF 81), s. 102, Sch. 17

F8 S. 165(9)(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 59(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F9 Words 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)

C1 S. 165 modified (5.11.1993) by 1993 c. 42, s. 27 (with s. 30(1), Sch. 2 para. 9)

[F10 165A 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

[F11 (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 [F12 42 of the Housing and Regeneration Act 2008 (agency arrangements with urban development corporations)]; and

(b) any arrangements made by the corporation under [F13 subsections (5) and (6)] 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

F10 S. 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

F11 S. 165A(1)(b) substituted (24.9.1996) by 1996 c. 53, ss. 143(4), 150(2)

F12 Words in s. 165A(2)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 29(a); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F13 Words in s. 165A(2)(b) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 29(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

[F14 165B 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 [F15 42 of the Housing and Regeneration Act 2008 (agency arrangements with urban development corporations)]; and

(b) any arrangements made by the corporation under [F16 subsections (5) and (6)] 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

F14 S. 165B inserted (24.9.1996) by 1996 c. 53, ss. 143(1), 150(2)

F15 Words in s. 165B(2)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 30(a); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

F16 Words in s. 165B(2)(b) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 30(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)