Local Government, Planning and Land Act 1980

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 or any statutory undertakers and approved by the Secretary of State with the Treasury’s concurrence:—

(a) transfer to the local authority 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.

(3) Where—

(a) an agreement is made or is about to be made under subsection (1)(a) above; and

(b) after the transfer under it takes or has taken place only liabilities are or will be vested in corporation,

the Secretary of State may by order vest those liabilities in himself.

(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, namely—

(a) (in the application of the section to England and Wales) a county council, a district council, a London borough council, F1 and the Common Council of the City of London;

(b) (in the application of the section to Scotland) a regional council and a district council.

Textual Amendments

F1 Words repealed by Local Government Act 1985 (c. 51, SIF 81), s. 102, Sch. 17