New Towns Act 1981 (c. 64)

Part I E+W New Towns and Their Development Corporations

New towns E+W

1 Designation of areas. E+W

(1) If the Secretary of State is satisfied, after consultation with any local authorities who appear to him to be concerned, that it is expedient in the national interest that any area of land should be developed as a new town by a corporation established under this Act, he may make an order designating that area as the site of the proposed new town.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An order under this section may include in the area designated as the site of the proposed new town any existing town or other centre of population; and references in this Act to a new town or proposed new town shall be construed accordingly.

[F2 (3A) Before making an order under this section designating an area of land in England as the site of a proposed new town, the Secretary of State must consult the following persons (as well as the local authorities mentioned in subsection (1))—

(a) persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the site;

(b) persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the site;

(c) any other person whom the Secretary of State considers it appropriate to consult.]

(4) Schedule 1 to this Act has effect with respect to the procedure to be followed in connection with the making of orders under this section [F3 designating areas of land in Wales] and with respect to the validity and date of operation of such orders.

(5) An order under this section shall, when operative, be a local land charge . . . F4

Textual Amendments

F1 S. 1(2) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F2 S. 1(3A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(2)(a), 216(3); S.I. 2016/733, reg. 3(g)

F3 Words in s. 1(4) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(2)(b), 216(3); S.I. 2016/733, reg. 3(g)

F4 Words repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(2), Sch. 4

[F5 1A Local authority to oversee development of new town E+W

(1) This section applies where the Secretary of State is considering designating an area of land in England as the site of a proposed new town in an order under section 1.

(2) The Secretary of State may, in an order under section 1, appoint one or more local authorities to oversee the development of the area as a new town.

(3) But a local authority may only be appointed if the area of land mentioned in subsection (1) is wholly or partly within the area of the local authority.

(4) The Secretary of State may by regulations make provision about how a local authority is to oversee the development of an area as a new town.

(5) Regulations under subsection (4) may, for example—

(a) provide that a local authority is to exercise specified functions under this Act which would otherwise be exercisable by the Secretary of State, the appropriate Minister or the Treasury;

(b) provide that a local authority is to exercise such functions subject to specified conditions or limitations;

(c) provide that specified functions under this Act may be exercised only with the consent of a local authority;

(d) make provision about the membership of a corporation established under section 3, including the proportion of the members of the corporation who may be members of or employed by a local authority;

(e) modify provisions of this Act;

(f) make different provision for different purposes;

(g) make incidental, supplementary or consequential provision.

(6) In subsection (5)(a) the reference to “functions” does not include a power to make regulations or other instruments of a legislative character.

(7) Where two or more local authorities are appointed in an order containing provision by virtue of subsection (2), the Secretary of State may in that order provide—

(a) that a specified function is to be exercised by a specified local authority, or

(b) that a specified function is to be exercised by two or more specified local authorities jointly.

(8) In this section—

• “local authority” means—

  (a)

  a district council,

  (b)

  a county council, or

  (c)

  a London borough council;

• “specified” means specified in—

  (a)

  an order containing provision by virtue of subsection (2), or

  (b)

  regulations under subsection (4).]

Textual Amendments

F5 S. 1A inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 16(2), 46(1); S.I. 2017/767, reg. 2(f)

2 Reduction of designated areas. E+W

(1) The Secretary of State may make an order excluding any land specified in the order from the area of a new town if, after consulting—

(a) the development corporation for the town, and

(b) any county council and district council [F6 or, in the case of land in Wales, any county council or county borough council] in whose area the land is situated,

he is satisfied that it is expedient to make the order.

(2) Subject to subsections (3) and (4) below, on the coming into force of an order under subsection (1) above—

(a) the land specified in the order shall cease to be contained in the area of the new town; and

(b) the order made under section 1 above designating the area shall cease to operate as regards that land.

(3) The Secretary of State may in an order under this section make such provision by way of savings and transitional provisions (including provisions amending provisions made by or under an enactment) as he thinks fit, and subsection (2) above applies subject to any such savings and transitional provisions.

(4) Schedule 2 to this Act applies with respect to the effect of an order made under this section.

F7 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Words in s. 2(1)(b) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 63(1)(with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F7 S. 2(5) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

Modifications etc. (not altering text)

C1 S. 2 modified (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 5(a)

Development corporations E+W

3 Establishment of development corporations for new towns. E+W

(1) The Secretary of State shall by order establish a corporation, in this Act called a development corporation, for the purposes of the development of each new town the site of which is designated under section 1 above F8 . . .

(2) A development corporation shall be a body corporate by such name as may be prescribed by the order, and shall consist of—

(a) a chairman;

(b) a deputy chairman; and

(c) such number of other members, not exceeding 11, as may be prescribed by the order.

[F9 (2A) Before making an order under this section in relation to a site in England, the Secretary of State must consult the following persons—

(a) persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the site;

(b) persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the site;

(c) every county or district council for an area which falls wholly or partly within the site;

(d) any other person whom the Secretary of State considers it appropriate to consult.]

(3) Schedule 3 to this Act has effect with respect to the constitution and proceedings of a development corporation.

(4) Nothing in this Act (except the express provision relating to stamp duty in section 72(1) below) shall be construed as exempting a development corporation from liability for any tax, duty, rate, levy or other charge whatsoever, whether general or local.

Textual Amendments

F8 Words in s. 3(1) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F9 S. 3(2A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(3), 216(3); S.I. 2016/733, reg. 3(g)

4 Objects and general powers of development corporations. E+W

(1) The objects of a development corporation established for the purposes of a new town shall be to secure the laying out and development of the new town in accordance with proposals approved in that behalf under this Act.

[F10 (1A) In pursuing those objects a development corporation that is established for the purposes of a new town in England must aim to contribute to the achievement of sustainable development.

(1B) For the purposes of subsection (1A) a development corporation must (in particular) have regard to the desirability of good design.]

(2) To secure such laying out and development every development corporation shall have power (subject to section 5 below)—

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

(b) to carry out building and other operations,

(c) to provide water, electricity, gas, sewerage and other services,

(d) to carry on any business or undertaking in or for the purposes of the new town,

and generally to do anything necessary or expedient for the purposes or incidental purposes of the new town.

(3) In relation to subsection (2) above—

(a) the power of acquiring land conferred by that subsection on a development corporation includes power to acquire any land within the area of the new town, whether or not it is proposed to develop that particular land; and

(b) the power of disposing of land conferred by that subsection on a development corporation includes, in relation to any land within the area of the new town, power to dispose of that land, whether or not the development of that particular land has been proposed or approved under section 7(1) below.

(4) A development corporation (without prejudice to the generality of the powers conferred on development corporations by this Act)—

(a) may, with the Secretary of State’s consent, contribute such sums as he may, with the Treasury’s concurrence, determine towards expenditure incurred or to be incurred by any local authority or statutory undertakers in the performance, in relation to the new town, of any of their statutory functions, 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 for the new town.

(5) A transaction between a person and a development corporation shall not be invalidated by reason of any failure by the corporation to observe—

(a) the objects in subsection (1) above, or

(b) the requirement in subsection (2) above that the corporation shall exercise the powers conferred by that subsection for the purpose there mentioned,

but (it being declared for the avoidance of doubt) nothing in this section shall be construed as authorising the disregard by a development corporation of any enactment or rule of law.

Textual Amendments

F10 S. 4(1A)(1B) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 170, 216(3); S.I. 2016/733, reg. 3(g)

Modifications etc. (not altering text)

C2 S. 4(4) functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

5 Restrictions on powers of development corporations. E+W

(1) A development corporation does not have power to borrow money except in accordance with sections 58 to 60 below.

(2) The Secretary of State may give directions to any development corporation—

(a) for restricting the exercise by them of any of their powers under this Act, or

(b) for requiring them to exercise those powers in any manner specified in the directions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(3) Before giving any directions to a development corporation under subsection (2) above, the Secretary of State shall—

(a) consult with the chairman of the corporation, or,

(b) if the chairman is not available, consult with the deputy chairman,

unless he is satisfied that, on account of urgency, such consultation is impracticable.

(4) A transaction between—

(a) a person, and

(b) a development corporation acting in purported exercise of their powers under this Act,

shall not be void by reason only that it was carried out in contravention of a direction given by the Secretary of State under subsection (2) above, and such person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with.

(5) Nothing in this Act shall be construed as authorising a development corporation to carry on—

(a) any undertaking for the supply of water, electricity or gas [F12 or for the provision of sewerage services], or

(b) any railway, light railway, tramway or trolley vehicle undertaking,

except under the authority of an enactment not contained in this Act specifically authorising them to do so or, in the case of a trolley vehicle undertaking, under the authority of such an enactment or of an order under section 32 below.

Textual Amendments

F11 Words repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(2), Sch. 4

F12 Words inserted by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 64(1) (with ss. 58(7) ), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

Modifications etc. (not altering text)

C3 S. 5(2)(3) functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

6 Allocation or transfer of new town functions. E+W

(1) If, in the case of the area of any new town—

(a) it appears to the Secretary of State that there are exceptional circumstances which render it expedient that the functions of a development corporation under this Act should be performed by the development corporation established for the purposes of any other new town instead of by a separate corporation established for the purpose, then

(b) instead of establishing such a corporation, he may by order direct that those functions shall be performed by the development corporation established for that other new town.

(2) If it appears to the Secretary of State that there are exceptional circumstances which render it expedient that the functions of a development corporation established for the purposes of a new town should be transferred—

(a) to the development corporation established for the purposes of any other new town, or

(b) to a new development corporation to be established for the purposes of the first-mentioned new town,

he may by order provide for the dissolution of the first-mentioned corporation and for the transfer of its functions, property, rights and liabilities—

(i) to the development corporation established for the purposes of that other new town, or, as the case may be,

(ii) to a new corporation established for the purposes of the first-mentioned new town by the order.

(3) An order under this section—

(a) providing for the exercise of functions in relation to a new town by the development corporation established for the purposes of another new town, or

(b) providing 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 new towns.

This subsection is without prejudice to the other provisions of this Act with respect to the variation of orders.

(4) Before making an order under this section—

(a) providing for the transfer of functions from or to a development corporation, or

(b) providing for the exercise of any functions by such a corporation,

the Secretary of State shall consult with that corporation.

Modifications etc. (not altering text)

C4 S. 6 modified (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 5(b)

Planning control in new towns E+W

7 Planning control. E+W

(1) In relation to a new town—

(a) the development corporation shall from time to time submit to the Secretary of State, in accordance with any directions given by him in that behalf, their proposals for the development of land within the area of the new town; and

(b) the Secretary of State, after consultation with the district planning authority within whose area the land is situated, and with any other local authority who appear to him to be concerned, may approve any such proposals either with or without modification.

(2) A special development order made by the Secretary of State under [F13 section 59 of the Town and Country Planning Act 1990] with respect to the area of a new town—

(a) may grant permission for any development of land in accordance with proposals approved under subsection (1) above; and

(b) such permission shall be subject to such conditions, if any (including conditions requiring details of any proposed development to be submitted to the district planning authority) as may be specified in the order.

This subsection is without prejudice to the generality of the powers conferred by [F13 sections 59 to 61 of that Act of 1990].

(3) In this section the references to a district planning authority shall[F14 , in relation to proposals for development of land [F15 in Wales or] in a metropolitan county, be construed as references to the local planning authority; and] in relation to proposals for any development which is a county matter as defined in [F16 paragraph 1 of Schedule 1 to the Town and Country Planning Act 1990] [F17 and which is of land in a non-metropolitan county], be construed as references to the county planning authority.

Textual Amendments

F13 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 51(1)(a)

F14 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 9(1)(a)

F15 Words in s. 7(3) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 63(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F16 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 51(1)(b)

F17 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 16, Sch. 8 para. 9(1)(b)

Modifications etc. (not altering text)

C5 S. 7(1) functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

8 Features of special architectural or historic interest. E+W

It is the Secretary of State’s duty to give to a development corporation such directions—

(a) with respect to the disposal of land acquired by them under this Act, and

(b) with respect to the development by them 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 [F18 section 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 such interest).

Textual Amendments

F18 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 51(2)

9 Frontages and abutments. E+W

(1) In the case of land—

(a) which forms a frontage to a road, or

(b) which abuts on or is adjacent to a road,

a local highway authority or the Secretary of State may enter into an agreement with any owner of the land imposing on the land, so far as that owner’s interest in the land enables him to bind it, restrictions for controlling the development of the land.

(2) Any restrictions imposed by an agreement under subsection (1) above may be enforced by the local highway authority or the Secretary of State, as the case may be, against the owner referred to in that subsection and any person deriving title under him in the like manner and to the like extent—

(a) as if that authority or the Secretary of State were possessed of, or interested in, adjacent land; and

(b) as if that agreement had been entered into for the benefit of such land.

Acquisition of land by development corporations and highway authorities E+W

10 Acquisition of land by development corporations. E+W

(1) A development corporation may, with the Secretary of State’s consent, acquire by agreement, or may, by means of an order made by the corporation and submitted to and confirmed by the Secretary of State in accordance with Part I of Schedule 4 to this Act, be authorised to acquire compulsorily—

(a) any land within the area of the new town, whether or not it is proposed to develop that particular land;

(b) any land adjacent to that area which they require for purposes connected with the development of the new town;

(c) any land, whether adjacent to that area or not, which they require for the provision of services for the purposes of the new town.

(2) A compulsory purchase order under this section shall, in so far as it relates to land—

(a) which is the property of a local authority, or which is held inalienably by the National Trust, or

(b) which forms part of a common, open space or fuel or field garden allotment,

be subject to the special provisions of Part IV of Schedule 4.

(3) Where a development corporation have been authorised under subsection (1) above to acquire compulsorily land forming part of a common, open space or fuel or field garden allotment, they may be authorised under that subsection to acquire compulsorily, or may, with the Secretary of State’s consent, acquire by agreement, land for giving in exchange for the land acquired.

(4) Part V of Schedule 4 has effect with respect to the validity and date of operation of compulsory purchase orders under this section.

(5) In relation to operational land of statutory undertakers this section has effect subject to section 13 below.

Modifications etc. (not altering text)

C6 S. 10(1) functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

C7 S. 10(3) functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

11 Acquisition of land for highways. E+W

(1) Where the Secretary of State is satisfied that the construction or improvement of a road is needed—

(a) outside the area of a new town, for the purpose of securing the development of land in that area in accordance with proposals approved by him under section 7 above, or

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

a local highway authority may be authorised by means of an order made by the authority and submitted to and confirmed by the Secretary of State in accordance with Parts I and II of Schedule 4 to this Act, to acquire compulsorily any land as to which he is satisfied that its acquisition by the authority is requisite—

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

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

(2) If the Secretary of State—

(a) is satisfied that the construction or improvement of a road is needed to supersede a part of [F19 a road for which he is the highway authority], and

(b) it appears to him that such supersession is expedient for any such purpose as is mentioned in subsection (1)(a) or (b) above,

he may be authorised, by means of an order made by him in accordance with Part III of Schedule 4, to acquire compulsorily any land as to which he is satisfied that its acquisition by him in requisite as mentioned in subsection (1)(i) or (ii).

(3) A compulsory purchase order under this section shall, in so far as it relates to land—

(a) which is the property of a local authority or which is held inalienably by the National Trust, or

(b) which forms part of a common, open space or fuel or field garden allotment,

be subject to the special provisions of Part IV of Schedule 4.

(4) Where an acquiring authority have been authorised under subsection (1) or subsection (2) above to acquire compulsorily land forming part of a common, open space or fuel or field garden allotment, that authority may be authorised under the same subsection to acquire compulsorily land for giving in exchange for the land acquired.

(5) Part V of Schedule 4 has effect with respect to the validity and date of operation of compulsory purchase orders under this section.

(6) A local highway authority may, with the Secretary of State’s consent, acquire by agreement any land which they could be authorised under subsection (1) to acquire compulsorily.

(7) In relation to operational land of statutory undertakers the foregoing provisions of this section have effect subject to section 13 below.

Textual Amendments

F19 Words in s. 11(2)(a) substituted (01. 11. 1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 112; S.I. 1991/2288, art. 3,Sch.

12 Local land charges under ss. 10 and 11. E+W

A compulsory purchase order under section 10 or section 11 above shall, when operative, be a local land charge.

13 Acquisition of statutory undertakers’ operational land. E+W

(1) In the case of operational land of statutory undertakers—

(a) an order—

(i) under section 10(1) above authorising the compulsory acquisition of that land by a development corporation, or

(ii) under section 11(1) above authorising its compulsory acquisition by a local highway authority,

instead of being made and confirmed as provided in section 10(1) or section 11(1), as the case may be, may be made by the Secretary of State and the appropriate Minister in accordance with Part I of Schedule 5 to this Act, on the application of that development corporation or local highway authority,

(b) an order under section 11(2) authorising the compulsory acquisition of that land by the Secretary of State, instead of being made as provided in section 11(2), may be made by the Secretary of State and the appropriate Minister in accordance with Part II of Schedule 5,

and in relation to a compulsory purchase order made as provided in paragraph (a) or paragraph (b) above Parts IV and V of Schedule 4 to this Act shall apply accordingly, subject in the case of Part V to the modifications set out in Part III of Schedule 5.

(2) If—

(a) any objection to an application for a compulsory purchase order to be made in accordance with subsection (1)(a) above, or to a proposal to make such an order in accordance with subsection (1)(b) above, is duly made by any statutory undertakers, and

(b) any of the land to which the application or the proposal relates is operational land of those undertakers,

then, unless that objection is withdrawn, any order made on the application or proposal shall be subject to special parliamentary procedure.

(3) Where a compulsory purchase order under section 10 or section 11, not being an order made as provided in subsection (1)(a) or subsection (1)(b), is submitted, or is proposed to be made, in accordance with Schedule 4, and with respect to any land (being the whole or part of the land to which the order relates) statutory undertakers make to the appropriate Minister, in the prescribed manner and within the time within which objections to the order may be made—

(a) a representation that the first-mentioned land is operational land, and

(b) a request for that land to be excluded from the order,

and it is determined that that land is operational land, then, subject to the following provisions of this section—

(i) if that land constitutes the whole of the land to which the order relates, the order shall not be confirmed or not be made, as the case may be; and

(ii) if that land forms part only of the land to which the order relates, the order shall be modified so as to exclude that land.

(4) Where it is proposed to make an order under section 1 above, any statutory undertakers may, with respect to any land within the area to be designated by the order as the site of the proposed new town, make to the appropriate Minister, in the prescribed form and within the time allowed for making objections to the order, a representation that that land is operational land.

(5) Where a representation is made under subsection (4) above with respect to any land, the Secretary of State and the appropriate Minister may make an order, which shall be subject to special parliamentary procedure, declaring that it is expedient that that land should be subject to compulsory acquisition.

(6) Where, in the case of a compulsory purchase order under section 10, any land to which the order relates is within the area of a new town and is land in relation to which, apart from this subsection, subsection (3) above would apply, then subsection (3) shall not apply in relation to that land—

(a) if no representation was made under subsection (4) with respect thereto; or

(b) if an order under subsection (5) above has come into force with respect thereto.

14 Application of Compulsory Purchase Act 1965 and modification of Land Compensation Act 1961. E+W

(1) Part I of the M1 Compulsory Purchase Act 1965 applies in relation to the acquisition of land under this Act subject to any necessary adaptations and to Part I of Schedule 6 to this Act.

(2) The M2 Land Compensation Act 1961, in its application for the purposes of this Act, has effect subject to any necessary adaptations and to Part II of Schedule 6.

(3) A compulsory purchase order may provide for the incorporation with this Act of section 77 of the M3 Railway Clauses Consolidation Act 1845 (which relates to the exception of minerals from purchases) and sections 78 to 85 of that Act (which relate to restrictions on the working of minerals) as originally enacted and not as amended for certain purposes by section 15 of the M4 Mines (Working Facilities and Support) Act 1923, or of that section 77 only.

(4) The provision referred to in subsection (3) above—

(a) may be made as to all or any of the land to which the compulsory purchase order relates, and

(b) may include such modification of references in those sections to the railway or works, or to the company, as may be specified in the order,

and for the purposes of any such incorporation of those sections, this Act and the compulsory purchase order shall be deemed to be the special Act.

Marginal Citations

M1 1965 c. 56.

M2 1961 c. 33.

M3 1845 c. 20.

M4 1923 c. 20.

15 Compensation for acquisition of statutory undertakers’ operational land. E+W

(1) Where statutory undertakers are entitled to compensation in respect of a compulsory acquisition under this Act of operational land, Schedule 7 to this Act shall have effect as regards the assessment of the amount of that compensation.

(2) In this section “compensation in respect of a compulsory acquisition” includes—

(a) compensation payable in connection with the acquisition for damage sustained by reason of the severing of the land acquired from other land held therewith or otherwise injuriously affecting such other land; and

(b) compensation payable for disturbance or any other matter not directly based on the value of the land.

16 Extinguishment of rights over land compulsorily acquired. E+W

(1) Subject to the provisions of this section, upon the completion by the acquiring authority of a compulsory acquisition of land under 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 acquiring authority.

(2) Subsection (1) above shall not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking [F20 or to any right conferred by or [F21 in accordance with the electronic communications code] on the operator of [F22 an electronic communications code network] or to any [F23 electronic communications apparatus] kept installed for the purposes of any [F24 such network].]

(3) In respect of any right or apparatus not falling within subsection (2) above, subsection (1) shall have effect subject—

(a) to any direction given by the acquiring authority before the completion of the acquisition that subsection (1) 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 completion of the acquisition) between the acquiring authority 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 section shall be entitled to compensation from the acquiring authority.

(5) Any compensation payable under this section shall be determined in accordance with the M5 Land Compensation Act 1961.

Textual Amendments

F20 Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 79(2), Sch. 5 para. 45

F21 Words in s. 16(2) 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. 57(1)(a)(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)

F22 Words in s. 16(2) 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. 57(1)(a)(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)

F23 Words in s. 16(2) 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. 57(1)(a)(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)

F24 Words in s. 16(2) 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. 57(1)(a)(2)(f) (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

M5 1961 c. 33.

Disposal of land by development corporation E+W

17 Conditions as to disposal. E+W

(1) In relation to any land acquired by a development corporation, and—

(a) subject to this section and to any direction given by the Secretary of State under this Act, and

(b) whether or not, in the case of land within the area of the new town, the development of that particular land has been proposed or approved under section 7(1) above,

the development corporation may dispose of that land—

(i) to such persons,

(ii) in such manner,

(iii) subject to such covenants or conditions,

as they consider expedient for securing the development of the new town in accordance with proposals approved by the Secretary of State under that section 7(1), or for purposes connected with the development of the new town.

(2) A development corporation has no power, except with the Secretary of State’s consent (given generally or specially)—

(a) to transfer the freehold of any land, or

(b) to grant a lease of any land for a term of more than 99 years [F25 or

(c) to dispose of any land by way of gift].

(3) Where a development corporation purports to dispose of land by virtue of this section, then—

(a) in favour of any person claiming under the corporation, the disposal so purporting to be made shall not be invalid by reason that any consent which is required under subsection (2) above has not been given; and

(b) a person dealing with the corporation or a person claiming under the corporation shall not be concerned to see or enquire whether any such consent has been given.

[F26 (4) A development corporation has no power to dispose of land by way of mortgage or charge.]

Textual Amendments

F25 Word “or” and s. 17(2)(c) added by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 2(a)

F26 S. 17(4) substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para 2(b)

Modifications etc. (not altering text)

C8 S. 17(2) functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

18 Disposal to pre-acquisition occupiers. E+W

(1) In relation to land acquired by a development corporation under this Act, if persons who were living or carrying on business or other activities on land so acquired—

(a) desire to obtain accommodation on land belonging to the corporation, and

(b) are willing to comply with any requirements of the corporation as to its development and use,

the corporation’s powers with respect to the disposal of that land shall be exercised as provided in subsection (2) below.

(2) The corporation’s powers referred to in subsection (1) above shall be so exercised as to secure, so far as practicable, that those persons have an opportunity to obtain such accommodation suitable to their reasonable requirements, on terms settled with due regard to the price at which such land has been acquired from them.

(3) In the case of a person who was carrying on a business of selling [F27 alcohol (within the meaning of section 191 of the Licensing Act 2003)] by retail on land acquired by a development corporation under this Act, the corporation is not under any duty to afford him an opportunity of obtaining alternative accommodation for such a business.

Textual Amendments

F27 Words in s. 18(3) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 81 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Powers exercisable in relation to land acquired by development corporation or highway authority E+W

F28 19 Power to override easements and other rights. E+W

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

Textual Amendments

F28 S. 19 omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 4; S.I. 2016/733, reg. 3(m)

20 Consecrated land and burial grounds. E+W

(1) Any consecrated land, whether including a building or not, which has been acquired for the purposes of this Act by a development corporation or local highway authority, or which has been acquired under this Act by the Secretary of State, may, subject to this section—

(a) in the case of land acquired by such a corporation or authority, be used by them, or by any other person, in any manner in accordance with planning permission, and

(b) in the case of land acquired by the Secretary of State, be used in any manner by him or on his behalf for any purpose for which he acquired the land,

notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.

This subsection does not apply to land which consists or forms part of a burial ground.

(2) Any use of consecrated land authorised by subsection (1) above—

(a) 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

(b) 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 of it, remains on the land,

and the use of any land, not being consecrated land, acquired as mentioned in subsection (1), which at the time of acquisition included a church or other building used or formerly used for religious worship, or its site, shall be subject to compliance with the requirements mentioned in paragraph (a) above.

(3) Any regulations made for the purposes of subsection (2) 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 subsection (2) such as appear to the Secretary of State requisite for securing that the provisions of that subsection 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.

(4) Any land consisting of a burial ground or part of a burial ground, which has been acquired as mentioned in subsection (1) may—

(a) in the case of land acquired by a development corporation or local highway authority, be used by them in any manner in accordance with planning permission, and

(b) in the case of land acquired by the Secretary of State, be used in any manner by him or on his behalf for any purpose for which he acquired the land,

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.

(5) Subsection (4) above does 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 and upon the land have been complied with.

(6) Provision shall be made by any regulations for the purposes of subsections (2) and (5) 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.

(7) Subject to any such regulations, no faculty shall be required—

(a) for the removal and reinterment in accordance with the regulations of any human remains, or

(b) for the removal or disposal of any monuments,

and section 25 of the M6 Burial Act 1857 (which prohibits the removal of human remains without the Secretary of State’s licence except in certain cases) does not apply to a removal carried out in accordance with the regulations.

(8) Any power conferred by this section to use land in the manner so provided 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.

(9) Nothing in this section 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 subsection (1) or subsection (4).

[F29 (10) Nothing in this section shall be construed as authorising any act or omission on the part of a development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the corporation, authority or body.]

(11) In this section—

• “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.

Textual Amendments

F29 S. 20(10) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 5; S.I. 2016/733, reg. 3(m)

Marginal Citations

M6 1857 c. 81.

21 Open spaces. E+W

(1) Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been acquired for the purposes of this Act by a development corporation or local highway authority, or which has been acquired under this Act by the Secretary of State, may—

(a) in the case of land acquired by such a corporation or authority, be used by them, or by any other person, in any manner in accordance with planning permission, and

(b) in the case of land acquired by the Secretary of State, be used in any manner by him or on his behalf for any purpose for which he acquired the land,

notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.

(2) Nothing in this section 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 enactment as is mentioned in subsection (1) above.

[F30 (3) Nothing in this section shall be construed as authorising any act or omission on the part of a development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the corporation, authority or body.]

Textual Amendments

F30 S. 21(3) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 6; S.I. 2016/733, reg. 3(m)

22 Possession of houses. E+W

If the Secretary of State certifies that possession of a house—

(a) which has been acquired for the purposes of this Act by a development corporation or local highway authority, and

(b) which 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 M7 Rent (Agriculture) Act 1976 or the M8 Rent Act 1977 [F31 or Part I of the Housing Act 1988] shall prevent that corporation or authority from obtaining possession of the house.

Textual Amendments

F31 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 31

Marginal Citations

M7 1976 c. 80.

M8 1977 c. 42.

23 Extinguishment of public rights of way. E+W

(1) Where any land—

(a) has been acquired for the purposes of this Act by a development corporation or local highway authority and is for the time being held by that corporation or authority for those purposes, or

(b) has been acquired under this Act by the Secretary of State and is for the time being held for the purposes for which he acquired it,

the Secretary of State may by order extinguish any public right of way over the land.

(2) Where the Secretary of State proposes to make an order under this section, 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 [F32 or, in the case of land in Wales, the local planning authority] in whose area the land is situated; and

(ii) [F33 if different] on the relevant highway authority.

In this subsection “the relevant highway authority” means any authority who are a highway authority in relation to the right of way proposed to be extinguished by the order, other than an authority who have applied for the order to be made.

(3) Where an objection to a proposal to make an order under this section is duly made and is not withdrawn, Schedule 8 to this Act shall have effect in relation to the proposal.

(4) For the purposes of this section 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 section; and

(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

(5) Where—

(a) it is proposed to make an order under this section extinguishing a public right of way over a road on land acquired for the purposes of this Act by a development corporation, and

(b) compensation in respect of restrictions imposed under section 1 or section 2 of the M9 Restriction 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 who, when the compensation was paid, were the authority for the purposes of section 4 of the M10 Trunk Roads Act 1936),

the order may provide for the payment by the development corporation to that authority, in respect of the compensation so paid, of such sums as the Secretary of State, with the Treasury’s consent, 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 section of a public right of way, section 11 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.

F34 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 Words in s. 23(2)(i) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 63(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F33 Words in s. 23(2)(ii) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 63(3) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F34 S. 23(7) repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 7 Pt. I

Marginal Citations

M9 1935 c. 47.

M10 1936 c. 5. (1 Edw. 8 & 1 Geo. 6.).

[F35 24

(1) Where an order under section 23 of this Act extinguishing a public right of way is made on the application of a development corporation or local highway authority, and at the time of the publication of the notice required by subsection (2) of that section any [F36 electronic communications apparatus] was kept installed for the purposes of [F37 an electronic communications code network] under, in, over, along or across the land over which the right of way subsisted—

(a) the power of the operator of [F38 the 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 [F38 the 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 [F38 the network] may by notice given in that behalf to the corporation or authority not later than the end of that period of three months abandon the [F36 electronic communications apparatus] or any part of it;

(c) subject to paragraph ( b ) above, the operator of [F38 the 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 [F38 the network] shall be entitled to recover from the corporation or authority the expenses of providing, in substitution for the apparatus and any other [F36 electronic communications apparatus] connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any [F36 electronic communications apparatus] in such other place as the operator may require;

(e) where under the preceding provisions of this subsection the operator of [F38 the network] has abandoned the whole or any part of any [F36 electronic 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 [F37 an electronic communications code network].

(2) Where the Secretary of State makes an order under section 23 above in circumstances in which subsection (1) above applies in relation to the operator of [F37 an electronic communications code network], the Secretary of State shall send a copy of the order to the operator.]

Textual Amendments

F35 S. 24 substituted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 79(4)(5), Sch. 5 para. 45

F36 Words in s. 24 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. 57(1)(c)(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)

F37 Words in s. 24 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. 57(1)(c)(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)

F38 Words in s. 24 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. 57(1)(c)(2)(f) (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)

25 Special power to create trunk roads. E+W

The Secretary of State may direct that any road constructed by him on land transferred to or acquired by him under this Act shall, on such date as may be specified in the direction, become a trunk road within the meaning of the M11 Highways Act 1980; and the provisions of that Act relating to trunk roads shall apply to the road accordingly.

Marginal Citations

M11 1980 c. 66.

Statutory undertakers, and provision of trolley vehicle services E+W

26 Extinguishment of rights of way and removal of apparatus. E+W

(1) This section applies to land—

(a) which has been acquired for the purposes of this Act by a development corporation or local highway authority and is for the time being held by that corporation or authority for those purposes, or

(b) which has been acquired under this Act by the Secretary of State and is for the time being held for the purposes for which he acquired it.

(2) Where, in the case of any land to which this section applies—

(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 the 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 acquiring authority may serve on the statutory undertakers a notice stating that, at the end of such period as may be specified in the notice, the right will be extinguished, or requiring that, before the end of such period as may be so specified, the apparatus shall be removed.

(3) The statutory undertakers on whom a notice is served under subsection (2) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the acquiring authority stating that they object to all or any of the provisions of the notice, and specifying the grounds of their objection.

(4) If no counter-notice is served under subsection (3) 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 acquiring authority may remove the apparatus and dispose of it in any way the authority may think fit.

(5) If a counter-notice is served under subsection (3) on a development corporation or local highway authority, the corporation or authority—

(a) may either withdraw the notice (without prejudice to the service of a further notice), or

(b) may apply to the Secretary of State and the appropriate Minister for an order under this section embodying the provisions of the notice, with or without modification,

and if such an application is made the Secretary of State and the appropriate Minister may make an order under this section accordingly.

(6) If a counter-notice is served under subsection (3) on the Secretary of State, he may withdraw the notice (without prejudice to the service of a further notice) or he and the appropriate Minister may make an order under this section embodying the provisions of the notice, with or without modification.

(7) Where, by virtue of this section—

(a) any right vested in or belonging to statutory undertakers is ’ extinguished, or

(b) any requirement is imposed on statutory undertakers,

those undertakers shall be entitled to compensation from the acquiring authority at whose instance the right was extinguished or the requirement imposed; and Schedule 7 to this Act has effect as regards the assessment of the amount of that compensation.

[F39 (8) Except in a case in which section 24 above has effect—

(a) the reference in paragraph ( a ) of subsection (2) 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 [F40 in accordance with the electronic communications code] on the operator of [F41 an electronic communications code network]; and

(b) the reference in paragraph ( b ) of that subsection to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to [F42 electronic communications apparatus] kept installed for the purposes of any [F43 such network];

and for the purposes of this subsection, in this section (except in the said paragraphs ( a ) and ( b ) ) and in Schedule 7 to this Act and section 27 below, references to statutory undertakers shall have effect as references to the operator of any [F43 such network], references, in relation to such an operator, to the carrying on of his undertaking shall have effect as references to [F44 the provision of the electronic communications code network] in question and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.]

Textual Amendments

F39 S. 26(8) substituted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 79(6), Sch. 5 para. 45

F40 Words in s. 26(8) 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. 57(1)(d)(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)

F41 Words in s. 26(8) 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. 57(1)(d)(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)

F42 Words in s. 26(8) 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. 57(1)(d)(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)

F43 Words in s. 26(8) 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. 57(1)(d)(2)(f) (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)

F44 Words in s. 26(8) 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. 57(1)(d)(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)

Modifications etc. (not altering text)

C9 S. 26(8) transfer of functions (13.4.2011) by Transfer of Functions (Media and Telecommunications etc.) Order 2011 (S.I. 2011/741), arts. 1(2), 3, Sch. 1 (with art. 5)

27 Orders under s. 26. E+W

(1) Where the Secretary of State and the appropriate Minister propose to make an order under section 26(6) above, they shall prepare a draft of the order.

(2) Before making an order under section 26(5) or (6), the Ministers proposing to make the order—

(a) shall afford to the statutory undertakers on whom notice was served under subsection (2) of that section an opportunity of objecting to the application for, or proposal to make, the order, and

(b) if any objection is made, shall consider the objection and afford to those statutory undertakers (and, in a case falling within subsection (5) of that section, to the development corporation or local highway authority 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 or in accordance with the draft order, as the case may be, either with or without modification.

(3) Where an objection to an order under section 26 is duly made and is not withdrawn before the making of the order, the order shall be subject to special parliamentary procedure.

(4) Subject to subsection (3) above, where an order is made under section 26—

(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, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring authority may remove the apparatus and dispose of it in any way the authority may think fit.

28 Extension or modification of functions. E+W

(1) The powers conferred by this section 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—

(a) to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for the purposes of a new town under this Act; or

(b) to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in subsection (2) below.

(2) Those acts and events are—

(a) the acquisition under 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 requirement by virtue of section 26 above.

(3) The powers conferred by this section shall also be exercisable where, on a representation made by a 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—

(a) to secure the provision of new services, or

(b) to secure the extension of existing services,

for the purposes of a new town under this Act.

(4) Where the powers conferred by this section 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—

(a) to secure the provision of the services in question, as mentioned in subsection (1)(a) or (3) above, or

(b) to secure the adjustment in question, as mentioned in subsection (1)(b),

as the case may be.

(5) Without prejudice to the generality of subsection (4) above, an order under this section may provide—

(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 subsection (1)(a) or (3), for giving effect to such financial arrangements between the development corporation and the statutory undertakers—

(i) as they may agree; or

(ii) in default of agreement, as 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.

29 Procedure for orders under s. 28. E+W

(1) As soon as may be after making such a representation as is mentioned in section 28(1) or (3) above—

(a) the statutory undertakers, in a case falling within subsection (1), or

(b) the development corporation, in a case falling within subsection (3),

shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice—

(i) giving such particulars as may be so directed of the matters to which the representation relates, and

(ii) 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 Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.

(2) Orders under section 28 shall be subject to special parliamentary procedure.

30 Relief from obligations rendered impracticable. E+W

(1) Where—

(a) on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligation 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 subsection applies, then,

(b) 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.

(2) Subsection (1) above applies to the following acts and events—

(a) the compulsory acquisition under 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 section 26 above.

(3) As soon as may be after making a representation to the appropriate Minister under subsection (1), the statutory undertakers shall, as may be directed by the appropriate Minister, either—

(a) 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

(b) serve such a notice on such persons, or persons of such classes, as may be so directed; or

(c) both publish and serve such notices.

(4) If any objection to the making of an order under this section is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.

(5) As soon as may be after an order has been made under this section the appropriate Minister shall publish in such form and manner as he thinks fit a notice stating that the order has been made.

(6) The provisions of Part V of Schedule 4 to this Act as to the validity and date of operation of compulsory purchase orders have effect in relation to an order under this section with—

(a) the substitution for references to a compulsory purchase order of references to an order under this section; and

(b) the substitution for references to publication in accordance with that Schedule of references to publication in accordance with subsection (5) above.

31 Objections to orders under ss. 28 and 30. E+W

(1) For the purposes of sections 28 and 30 above an objection to the making of an order under those sections shall not be treated as duly made unless—

(a) the objection is made within the time and in the manner specified in the notice required by the section under which the order is proposed to be made; 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 subsection (1) above and is not withdrawn, Schedule 8 to this Act has effect in relation to the objection.

32 Trolley vehicle services by development corporation. E+W

(1) A development corporation may by means of an order made by the Secretary of State be authorised to operate trolley vehicle services for the purposes of the corporation’s new town.

(2) An order under this section may impose such conditions as appear to the Secretary of State to be required in the interests of the public safety, and may contain such incidental and consequential provisions as appear to him to be necessary or expedient for the purposes of the order, including provisions—

(a) authorising the construction and maintenance in highways of any works or equipment required in connection with the services;

(b) providing for the making and enforcement of regulations and byelaws with respect to the construction and operation of any vehicles or equipment used for the purposes of the services, and with respect to the conduct of passengers on, and of the drivers and conductors of, any such vehicles.

(3) An order under this section shall be subject to special parliamentary procedure.

Public health E+W

33 New town may be united district for Public Health Acts. E+W

Where—

(a) an order is made under section 1 above designating an area as the site of a new town, and

(b) the Secretary of State is satisfied that, in consequence of the making of that order, it is expedient that that area, or any larger area which comprises that area, should be constituted a united district for any purpose for which a united district may be constituted under section 6 of the M12 Public Health Act 1936,

he may make an order under that section 6 constituting the area as to which he is so satisfied a united district, notwithstanding that no application in that behalf is made to him by the local authorities for the [F45 areas] concerned or any of them.

Textual Amendments

F45 Word in s. 33 substituted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 63(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2); S.I. 1996/396, art. 4, Sch. 2

Marginal Citations

M12 1936 c. 49.

34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46 E+W

Textual Amendments

F46 S. 34 repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

Part II E+W [F47 Transfers from and dissolution of development corporations etc.]

Textual Amendments

F47 Heading to Pt. II substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 2; S.I. 2009/803, art. 3(1)

[F48 Functions of Welsh Ministers in relation to certain transferred property] E+W

Textual Amendments

F48 S. 35 cross-heading substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 3; S.I. 2009/803, art. 3(1)

F49 35 Establishment of Commission. E+W

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

Textual Amendments

F49 S. 35 repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 4, Sch. 16; S.I. 2009/803, arts. 3(1), 10

36 [F50 Functions of Welsh Ministers] E+W

[F51 [F52 ( 1 ) The Welsh Ministers may—

(a) take over and, with a view to its eventual disposal, hold, manage and turn to account—

(i) the property of the Commission for the New Towns transferred to them under a scheme made under section 51(1) of the Housing and Regeneration Act 2008;

(ii) the property of development corporations transferred to them under this Act; and

(iii) the property of urban development corporations transferred to them by order under section 165A of the Local Government, Planning and Land Act 1980; and

(b) as soon as they consider it expedient to do so, dispose of property so transferred or any other property arising out of such property.

(1A) In exercising their functions under subsection (1), the Welsh Ministers must have regard to the considerations specified in subsection (2).]

(2) Those considerations, in relation to any new town [F53 or urban development area], are—

(a) the convenience and welfare of persons residing, working or carrying on business there, and

(b) until disposal, the maintenance and enhancement of the value of the land held and the return obtained from it.]

F54 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A transaction between a person and the [F56 Welsh Ministers] shall not be invalidated by reason of any non-compliance by the [F56 Welsh Ministers] with [F57 the obligation to have regard to the considerations specified in subsection (2) above] F58 ...

[F59 (4A) In this section “urban development area” means land which is or was, or is or was part of, an urban development area (within the meaning of Part XVI of the Local Government, Planning and Land Act 1980) and—

(a) any reference to property transferred to the [F60 Welsh Ministers by order under section 165A] of that Act includes a reference to rights and liabilities so transferred; and

(b) in relation to liabilities so transferred, any reference to disposal includes a reference to extinguishment.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Textual Amendments

F50 S. 36 heading substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(2); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F51 S. 36(1)(2) substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 1(2)

F52 S. 36(1)(1A) substituted for s. 36(1) (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(3); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F53 Words in s. 36(2) inserted (1.4.1998) by S.I. 1998/85, art. 3(2)

F54 S. 36(3) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(4), 16; S.I. 2008/3068, art. 2(1)(v)(2)5, Sch. (with arts. 6-13)

F55 S. 36(3A) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(4), 16; S.I. 2008/3068, art. 2(1)(v)(2)5, Sch. (with arts. 6-13)

F56 Words in s. 36(4) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(5)(a); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F57 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 4

F58 Words in s. 36(4) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(5)(b), 16; S.I. 2008/3068, art. 2(1)(v)(2)5, Sch. (with arts. 6-13)

F59 S. 36(4A) inserted (1.4.1998) by S.I. 1998/85, art. 3(6)

F60 Words in s. 36(4A)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(6); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F61 S. 36(5) repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(2), Sch. 4

F62 37 Restrictions on functions of Commission. E+W

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

Textual Amendments

F62 S. 37 repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 6, Sch. 16; S.I. 2008/3068, arts. 2(1)(v)(2), 5, Sch. (with arts. 6-13)

F63 38 Local authorities and work for Commission. E+W

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

Textual Amendments

F63 S. 38 repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 6, Sch. 16

16; S.I. 2008/3068, arts. 2(1)(v)(2), 5, Sch. (with arts. 6-13)

Transfer of property and undertakings of development corporations, and their dissolution E+W

39 Power of development corporation to transfer undertakings. E+W

(1) Subject to the provisions of this section, a development corporation may, by an agreement made with any local authority or any statutory undertakers and approved by the [F64 appropriate national authority] with the concurrence of the Treasury—

(a) transfer to that local authority any part of the undertaking of the corporation, or

(b) transfer to those statutory undertakers any part of the undertaking of the corporation which consists of a statutory undertaking,

upon such terms as may be prescribed by the agreement.

The foregoing provision is without prejudice to the powers of development corporations under this Act to dispose of any of their property, including any trade or business carried on by them.

(2) Before approving an agreement under this section the [F65 appropriate national authority] shall consult with the council of every county and of every district in which the whole or any part of the area of the new town is situated, except, in the case of an agreement made with such a council, the council with whom it is made.

[F66 (2A) Subsection (2) above shall have effect [F67 in the case of a development corporation established by the Welsh Ministers] as if for “and of every district” there were substituted or county borough.]

(3) Before approving an agreement under this section for the transfer of a statutory undertaking, the [F68 appropriate national authority] shall publish in the London Gazette, and in one or more newspapers circulating in the area in which the new town is situated, a notice stating that the agreement has been submitted for approval, and describing the general effect of the agreement.

(4) [F69 In a case in which the appropriate national authority is the [F70 appropriate national authority],] if within 28 days from the publication of the notice in the London Gazette in accordance with subsection (3) above any objection to the agreement is made by any statutory undertakers—

(a) who are carrying on, or are authorised to carry on, a statutory undertaking of a character similar to the statutory undertaking proposed to be transferred by the agreement, and

(b) who do so within the area in which the new town is situated or any adjacent area,

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 the Secretary of State and the appropriate Minister.

(5) If the [F71 appropriate national authority] 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 development corporation in respect of advances made to them under the following provisions of this Act should be reduced, [F71 the authority] may, [F72 with the Treasury’s consent, by order], reduce that liability to such extent as may be specified in the order.

[F73 (5A) No order shall be made under subsection (5) above—

(a) by the Secretary of State unless a draft of the order has been laid before, and approved by a resolution of, the House of Commons;

(b) by the Welsh Ministers unless a draft of the order has been laid before, and approved by a resolution of, the National Assembly for Wales.]

(6) The payment of any sums payable by a local authority for the purposes of an agreement under this section shall be a purpose for which that authority may borrow money.

[F74 (7) This section shall have effect as if references to statutory undertakers included references to the operator of [F75 an electronic communications code network] and as if for this purpose—

(a) references to a statutory undertaking were references to [F76 the provision of such a network]; and

(b) references to the appropriate Minister were references to the Secretary of State for Trade and Industry.]

Textual Amendments

F64 Words in s. 39(1) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 7(2); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F65 Words in s. 39(2) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 7(3); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F66 S. 39(2A) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 63(6) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F67 Words in s. 39(2A) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 7(4); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F68 Words in s. 39(3) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 7(5); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F69 Words in s. 39(4) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 7(6); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F70 Words in s. 39(4) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 7(6); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F71 Words in s. 39(5) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 7(7); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F72 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 6(a)

F73 S. 39(5A) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 7(8); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F74 S. 39(7) inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 79(7), Sch. 5 para. 45

F75 Words in s. 39(7) 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. 57(1)(e)(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)

F76 Words in s. 39(7) 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. 57(1)(e)(2)(e) (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)

Modifications etc. (not altering text)

C10 S. 39 extended by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(5) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C11 S. 39(1)-(3) functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 4(1) (with reg. 4(2))

C12 S. 39(7)(b) transfer of functions (13.4.2011) by Transfer of Functions (Media and Telecommunications etc.) Order 2011 (S.I. 2011/741), arts. 1(2), 3, Sch. 1 (with art. 5)

40 F77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F77 S. 40 repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

41 Transfer of property F78 ... and dissolution of corporation. E+W

(1) Where, after consultation with the council of every county and of every district in which the whole or any part of the area of a new town is situated, the [F79 appropriate national authority] is satisfied that the purposes for which the development corporation is established under this Act have been substantially achieved, [F80 the authority] shall by order direct—

(a) that on such date as may be specified in the order the property of the corporation (other than property excepted under the following provisions of this Act) shall vest in the [F81 relevant transferee], and the corporation shall cease to act except for the purpose of taking such steps (if any) as may be authorised or required by the order to dispose of any property so excepted, to prepare its final accounts and report, or otherwise to wind up its affairs; and

(b) that on that date or such later date as may be fixed by or under the order, the corporation shall be dissolved.

[F82 (1A) Subsection (1) above shall have effect [F83 in the case of a development corporation established by the Welsh Ministers] as if for “and of every district” there were substituted “or county borough”.]

(2) With respect to the transfer to the [F84 relevant transferee] by an order under this section of the property of a development corporation and with respect to matters arising out of the transfer or out of the dissolution of the corporation—

(a) Schedule 10 to this Act has effect; and

(b) the [F85 appropriate national authority] may by order under this section make such further incidental or supplementary provisions as appear to [F86 the authority] to be necessary or expedient in relation to any such matter.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

(4) Where by virtue of an order under section 6 above a development corporation discharges functions in relation to more than one new town, the [F88 appropriate national authority] may make an order under subsection (1) above in relation—

(a) to that corporation, and

(b) to any of those towns without the other or others,

as if the corporation were not concerned with the other or others, but without providing for the dissolution of the corporation.

(5) In the case of any such order, Schedule 10 shall apply subject to such modifications as may be provided by the order for the purpose in particular of determining what part of the corporation’s property, rights, liabilities and obligations is to be transferred to the [F89 relevant transferee].

Textual Amendments

F78 Words in s. 41 heading repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 8(2), 16; S.I. 2008/3068, art. 2(1)(v)(2)5, Sch. (with arts. 6-13)

F79 Words in s. 41(1) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 8(3)(a); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F80 Words in s. 41(1) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 8(3)(b); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F81 Words in s. 41(1)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 8(3)(c); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F82 S. 41(1A) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 63(7) (with ss. 54(5)(7), 55(5), Sch. 17, paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F83 Words in s. 41(1A) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 8(4); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F84 Words in s. 41(2) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 8(5)(a); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F85 Words in s. 41(2)(b) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 8(5)(b)(i); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F86 Words in s. 41(2)(b) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 8(5)(b)(ii); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F87 S. 41(3) repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

F88 Words in s. 41(4) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 8(6); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F89 Words in s. 41(5) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 8(7); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

[F90 41A Part 2: interpretation E+W

In this Part—

• “the appropriate national authority”—

  (a)

  in relation to a development corporation established by order made by the Secretary of State, means the Secretary of State; and

  (b)

  in relation to a development corporation established by order made by the Welsh Ministers, means the Welsh Ministers;

• “the relevant transferee”—

  (a)

  in relation to an order made under section 41 by the Secretary of State, means the Homes and Communities Agency; and

  (b)

  in relation to an order made under section 41 by the Welsh Ministers, means the Welsh Ministers.]

Textual Amendments

F90 S. 41A inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 9; S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

Part III E+W . . . F91

Textual Amendments

F91 Pt. III repealed by Local Government and Housing Act 1989 (c. 42, SIF 61, 81:1), s. 172(6) (with s. 172(7)) and by s. 194(4), Sch. 12 Pt. II and subject to amendments by 1996 c. 18, ss. 240, 242, 243, Sch. 1 para. 15, Sch. 3 Pt. I (with ss. 191-195, 202)

Part IV E+W+S Finance

General financial provisions E+W+S

58 Advances and grants to development corporations F92 .... E+W

(1) For the purpose of enabling a development corporation—

(a) to meet expenditure properly chargeable to capital account (including the provision of working capital), or

(b) to make good to revenue account sums applied in meeting liabilities so chargeable,

the Secretary of State may (subject to section 60 below) make to the corporation advances repayable over such periods [F93 , carrying interest at such rates and on such other terms] as may be approved by the Treasury.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94

(3) It shall be a condition of the making of advances to a development corporation under subsection (1) above that the proposals for development submitted to the Secretary of State under section 7 above shall be approved by the Secretary of State with the Treasury’s concurrence as being likely to secure for the corporation a return which is reasonable, having regard to all the circumstances, when compared with the cost of carrying out those proposals.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94

F95 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92 Words in s. 58 heading repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 10(2), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F93 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 8

F94 S. 58(2)(4) repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(2), Sch. 4

F95 S. 58(5) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 10(3), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F96 S. 58(6) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 10(3), Sch. 16; S.I. 2009/803, arts. 3(1), 10

[F97 58A Grants to development corporations F98 .... E+W

(1) For the purpose of enabling a development corporation—

(a) to meet expenditure properly chargeable to capital account and incurred or to be incurred in providing, or in making contributions towards the cost to others of providing, any of the facilities specified in subsection (2) below, or

(b) to make good to revenue account sums applied in meeting liabilities so chargeable and arising out of the provision of any of those facilities,

the Secretary of State may, out of money provided by Parliament, make grants to the corporation of such amount as may be approved by the Treasury.

(2) The facilities referred to in subsection (1) above are the following—

(a) roads, paths, bridges and car parks;

(b) public open spaces, recreation grounds, playgrounds and landscaping;

(c) meeting halls and assembly rooms;

(d) any other facilities similar to those specified in paragraph ( a ), ( b ) or ( c ) above.

(3) For the purpose of enabling a development corporation to meet expenditure properly chargeable to revenue account the Secretary of State may, out of money provided by Parliament, make grants to the corporation of such amount as may be approved by the Treasury.

F99 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F97 S. 58A inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 6

F98 Words in s. 58A heading repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 11(2), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F99 S. 58A(4) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 11(3), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F100 S. 58A(5) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 11(3), Sch. 16; S.I. 2009/803, arts. 3(1), 10

59 Other borrowing powers of development corporations F101 .... E+W

(1) A development corporation F102 ... may borrow temporarily, by way of overdraft or otherwise, either—

(a) in sterling from the Secretary of State, or

(b) with the Secretary of State’s consent and the Treasury’s approval, or in accordance with any general authority given by the Secretary of State with the Treasury’s approval, in any currency from any other person.

such sums as the development corporation [F103 may require for meeting its obligations or performing its functions].

(2) With the consent of the Secretary of State and the Treasury’s approval, a development corporation F104 ... may borrow, otherwise than by way of temporary loan—

(a) in any currency from the Commission of [F105 the European Union] or from the European Investment Bank, or

(b) in any currency other than sterling from any person, other than the Secretary of State and the bodies mentioned in the preceding paragraph,

such sums as [F106 it may require for enabling it] to meet expenditure properly chargeable to capital account (including the provision of working capital), or to make good to revenue account sums applied in meeting liabilities so chargeable.

Textual Amendments

F101 Words in s. 59 heading repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 12(2), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F102 Words in s. 59(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 12(3)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F103 Words in s. 59(1) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 12(3)(b); S.I. 2009/803, art. 3(1)

F104 Words in s. 59(2) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 12(4)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F105 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 4 (with art. 3(2)(3)4(2)6(4)6(5))

F106 Words in s. 59(2) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 12(4)(b); S.I. 2009/803, art. 3(1)

Modifications etc. (not altering text)

C13 S. 59 functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

60 Limit on borrowing by development corporations F107 ... E+W+S

[F108 (1) The aggregate of the amounts outstanding in respect of the principal of the following sums—]

(a) the sums advanced to development corporations before the commencement of this Act under section 12(1) of the M13 New Towns Act 1946 in its application to England and Wales or under section 42(1) of the M14 New Towns Act 1965, and, after the commencement of this Act, under section 58(1) above, (which corresponds to those subsections),

(b) the sums advanced to development corporations before the commencement of the M15 New Towns (Scotland) Act 1968 under that section 12(1) in its application to Scotland (to which section 37(1) of that Act of 1968 corresponds) and, after the commencement of that Act of 1968, under that section 37(1); [F109 and]

F110 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the sums borrowed [F111 by development corporations] before the commencement of this Act under section 42A of that Act of 1965 and, after the commencement of this Act, under section 59 above (which corresponds to that section), or under section 37A of that Act of 1968,

[F108 shall not at any time exceed the limit imposed by or under subsection [F112 (2) and (3)] below.]

[F113 (2) The said limit, except during the period specified in subsection (4) below, is £4,600 million or such greater sum not exceeding £5,250 million as the Secretary of State may by order specify.

(3) No order shall be made under subsection (2) above unless a draft of the order has been laid before, and approved by resolution of, the House of Commons.

F114 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F107 Words in s. 60 heading repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 13(2), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F108 Words inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 7(2)

F109 Word in s. 60(1)(b) inserted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 13(3)(a); S.I. 2009/803, art. 3(1)

F110 S. 60(1)(c) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 13(3)(b), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F111 Words in s. 60(1)(d) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 13(3)(c); S.I. 2009/803, art. 3(1)

F112 Words in s. 60(1) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 13(3)(d); S.I. 2009/803, art. 3(1)

F113 S. 60(2)–(4) inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 7(3)

F114 S. 60(4) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 13(4), Sch. 16; S.I. 2009/803, arts. 3(1), 10

Marginal Citations

M13 1946 c. 68.

M14 1965 c. 59.

M15 1968 c. 16.

61 Provisions supplemental to s. 58. E+W

(1) The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as are necessary to enable him to make advances [F115 to a development corporation under section 58(1) above]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116

(2) Any sums received by the Secretary of State by way of repayment of or interest on advances under section 58(1)F117 ... shall be paid into the National Loans Fund.

(3) The Secretary of State shall lay before each House of Parliament a statement of any sums payable to him by way of repayment of or interest on any such advances and not duly received by him.

Textual Amendments

F115 Words in s. 61(1) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 14(2); S.I. 2009/803, art. 3(1)

F116 Words repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1)(2), Sch. 3 para. 8(b), Sch. 4

F117 Words in s. 61(2) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 14(3), Sch. 16; S.I. 2009/803, arts. 3(1), 10

62 Treasury guarantees. E+W

(1) The Treasury may guarantee in such manner and on such conditions as they may think fit [F118 the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with] any sums which a development corporation [F119 borrows] under this Act from a person other than the Secretary of State.

(2) Immediately after a guarantee is given under this section, the Treasury shall lay a statement of the guarantee before each House of Parliament.

(3) Where any sum is issued for fulfilling a guarantee so given, the Treasury shall, as soon as possible after the end of each financial year—

(a) beginning with that in which the sum is issued, and

(b) 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,

lay before each House of Parliament a statement relating to that sum.

(4) Any sums required by the Treasury for fulfilling a guarantee under this section shall be charged on and issued out of the Consolidated Fund.

(5) If any sums are issued in fulfilment of a guarantee given under this section in respect of money borrowed by a development corporation[F120 , the corporation] shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct—

(a) payments, of such amounts as the Treasury may so direct, in or towards repayment of the sums so issued; and

(b) payments of interest on what is outstanding for the time being in respect of amounts so issued at such rate as the Treasury may so direct.

(6) Any sums received under subsection (5) above by the Treasury shall be paid into the Consolidated Fund.

Textual Amendments

F118 Words substituted for paragraphs (a) and (b) by Miscellaneous Financial Provisions Act 1983 (c. 29, SIF 99:1), s. 4(5)

F119 Word in s. 62(1) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 15(2); S.I. 2009/803, art. 3(1)

F120 Words in s. 62(5) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 15(3); S.I. 2009/803, art. 3(1)

[F121 Financial reconstruction E+W

Textual Amendments

F121 Ss. 62A, 62B and cross-heading inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 8(1)

62A Power to extinguish loan obligations of development corporations. E+W

(1) The Secretary of State may, with the Treasury’s consent, by order extinguish to such extent as may be specified in the order any liabilities of a development corporation in respect of advances made by him to the corporation under section 58(1) or the corresponding provisions of the 1946 Act or the 1965 Act.

(2) The aggregate amount of liabilities extinguished by order under this section shall not exceed £1,750 million.

(3) Where liabilities are extinguished under this section the assets of the National Loans Fund shall be reduced by amounts corresponding to the liabilities so extinguished.

(4) No order shall be made under this section after 30th September 1986.

(5) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, the House of Commons.

(6) In this section—

(a) “the 1946 Act” means the M16 New Towns Act 1946 and the provision of it corresponding to section 58(1) is section 12(1); and

(b) “the 1965 Act” means the M17 New Towns Act 1965 and the provision of it corresponding to section 58(1) is section 42(1).

Marginal Citations

M16 1946 c. 68.

M17 1965 c. 59.

F122 62B Power to suspend loan obligations of development corporations and Commission. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F122 S. 62B repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 16, Sch. 16; S.I. 2009/803, arts. 3(1), 10

Payments to Secretary of State E+W

63 Secretary of State’s general power. E+W

(1) The Secretary of State may direct a development corporation F123 ... to pay to him, on the date specified in the direction, such sum as is so specified, and any sum so received by him shall, subject to section 66(2) below, be paid into the Consolidated Fund.

(2) Before giving a direction under this section the Secretary of State shall consult the corporation F124 ....

(3) The debt shall carry interest at the rate for the time being in force under section 32 of the M18 Land Compensation Act 1961 F125 ... from the date specified in the direction until payment.

F126 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F123 Words in s. 63(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 17(2), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F124 Words in s. 63(2) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 17(3), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F125 Words in s. 63(3) repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(2), Sch. 4

F126 S. 63(4) repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(2), Sch. 4

Modifications etc. (not altering text)

C14 S. 63 excluded (S.) by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 9

C15 S. 63 modified (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 5(c)

Marginal Citations

M18 1961 c. 33.

64 Disposal of land to comply with direction under s. 63. E+W

(1) Where, in order to comply with a direction under section 63 above, the corporation . . . F127 considers it desirable to dispose of any land, it may do so by virtue of this section.

(2) The power of disposal by virtue of this section may be exercised notwithstanding [F128 section 17(1) above and any implied restriction in Part I of this Act on the circumstances in which property of a development corporation may be disposed of, but otherwise must be exercised in accordance with the said Part I except that, before giving the corporation directions under section 5(2), the Secretary of State shall consult the corporation (unless he is satisfied that, on account of urgency, such consultation is impracticable].

(3)–(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

Textual Amendments

F127 Words repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1)(2), Sch. 3 para. 10(a), Sch. 4

F128 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 10(b)

F129 S. 64(3)–(8) repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1)(2), Sch. 3 para. 10(c), Sch. 4

Modifications etc. (not altering text)

C16 S. 64 excluded (S.) by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 9

65 Disposal of surplus funds. E+W

(1) This section applies where it appears to the Secretary of State, after consultation with the Treasury [F130 and any development corporation, that the 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].

(2) [F131 That corporation] shall, if the Secretary of State after such consultation so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction, and any sum so received by him shall be paid into the Consolidated Fund, subject to section 66(2) below.

Textual Amendments

F130 Words in s. 65(1) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 18(2); S.I. 2009/803, art. 3(1)

F131 Words in s. 65(2) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 18(3); S.I. 2009/803, art. 3(1)

Modifications etc. (not altering text)

C17 S. 65 modified (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 5(d)

66 Payments under ss. 63 and 65 treated as repayments. E+W

(1) The whole or part of any payment made to the Secretary of State under section 63 or section 65 above shall, if the Secretary of State with the Treasury’s approval so determines, be treated—

[F132 (a) as made by way of repayment of such part of the principal of advances under section 58(1) above, and]

(b) as made in respect of the repayments due at such times, as may be so determined.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

(2) Any sum treated under subsection (1) as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.

Textual Amendments

F132 S. 66(1)(a) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 19; S.I. 2009/803, art. 3(1)

F133 Words repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(2), Sch. 4

Modifications etc. (not altering text)

C18 S. 66 excluded (S.) by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 9

Part V E+W+S General and Supplemental

Accounts and audit E+W

67 Accounts of F134 ... development corporations. E+W

(1) F135 ... every development corporation—

(a) shall keep proper accounts and other records in relation to those accounts, and

[F136 (b) shall F137 ... prepare in respect of each financial year annual accounts in such form as the Secretary of State may with the Treasury’s approval direct, F138 ... ]

F138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F139 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The financial year F140 ... of every development corporation shall begin with 1st April [F141 but, if the Secretary of State, with the approval of the Treasury, so directs in a case where a development corporation F142 ... is to be dissolved, the final financial year of the corporation F142 ... shall be such period as is specified in the direction, and references in this Act to a financial year in relation to a development corporation F142 ... shall be construed accordingly.]

(3) Without prejudice to the generality of subsection (1) above, the Secretary of State may, with the Treasury’s approval, give directions to F143 ... a development corporation as to—

(a) the kind or number of accounts which [F144 it is] to keep.

(b) the amounts which are or are not to be credited or debited to any account,

(c) the manner of rectifying any account,

(d) provision for working balances,

and any such direction may be a general direction or a direction for a particular case.

Textual Amendments

F134 Words in s. 67 heading repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(2), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F135 Words in s. 67(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(3)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F136 S. 67(1)(b) substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 9(a)

F137 Word in s. 67(1)(b) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(3)(b), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F138 Words in s. 67(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(3)(c), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F139 S. 67(1A) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(4), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F140 Words in s. 67(2) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(5)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F141 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 9(b)

F142 Words in s. 67(2) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(5)(b), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F143 Words in s. 67(3) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(6)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F144 Words in s. 67(3)(a) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(6)(b); S.I. 2009/803, art. 3(1)

68 Audit. E+W

(1) The accounts F145 ... of every development corporation shall be audited by an auditor to be appointed annually by the Secretary of State in relation to the F146 ... corporation.

[F147 (2) A person shall not be so appointed auditor unless he is eligible for appointment as a [F148 statutory auditor under Part 42 of the Companies Act 2006].]

F149 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) As soon as the annual [F150 accounts of] a development corporation for any financial year have been audited, the [F150 corporation] shall send to the Secretary of State a copy of the accounts prepared by [F151 it] for that year in accordance with this section, together with a copy of any report made by the auditor on those accounts.

Textual Amendments

F145 Words in s. 68(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 21(2)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F146 Words in s. 68(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 21(2)(b), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F147 S. 68(2) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 41 (with reg. 4).

F148 Words in s. 68(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 1(x) (with arts. 6, 11, 12)

F149 S. 68(2A) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 21(3), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F150 Words in s. 68(3) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 21(4); S.I. 2009/803, art. 3(1)

F151 Word in s. 68(3) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 21(4); S.I. 2009/803, art. 3(1)

69 Secretary of State’s accounts. E+W

(1) The Secretary of State shall prepare in respect of each financial year, in such form and manner and at such times as the Treasury may direct—

F152 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an account of the sums issued to him and advanced to a development corporation under this Act and of sums received by him from the development corporation and paid into the National Loans Fund in respect of the principal of and interest on sums so advanced.

F153 ...

(2) On or before 30th November in each year, the Secretary of State shall transmit to the Comptroller and Auditor General—

F154 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the account prepared by him under subsection (1)(b) in respect of the last foregoing financial year,

and the Comptroller and Auditor General shall examine and certify every account so prepared by the Secretary of State and lay before each House of Parliament copies of each such account together with his report on it.

Textual Amendments

F152 S. 69(1)(a) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 22(2)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F153 Words in s. 69(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 22(2)(b), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F154 S. 69(2)(a) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 22(3), Sch. 16; S.I. 2009/803, arts. 3(1), 10

Modifications etc. (not altering text)

C19 S. 69(1) applied (with modifications) (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 17

Reports and information E+W

70 Reports. E+W

As soon as possible after the end of each financial year—

F155 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) every development corporation shall make to the Secretary of State a report dealing generally with the operations of the corporation during that year, and shall include in the report a copy of their audited accounts for that year,

and the Secretary of State shall lay a copy of every such report F156 [F157 ... of a development corporation] before each House of Parliament.

Textual Amendments

F155 S. 70(a) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 23(2), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F156 Words in s. 70 repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 23(3), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F157 Words in s. 70 inserted (23.5.2003) by Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 11(4)(b)

71 Information. E+W

(1) Without prejudice to the requirements imposed by section 70 above, [F158 every development corporation shall] provide the Secretary of State with such information relating to [F159 its] undertaking as the Secretary of State may from time to time require.

(2) For that purpose F160 ... every development corporation—

(a) shall permit any person authorised by the Secretary of State in that behalf to inspect and copy the accounts, books, documents or papers of the [F161 corporation], and

(b) shall afford such explanation of those accounts, books, documents or papers as that person or the Secretary of State may reasonably require.

Textual Amendments

F158 Words in s. 71(1) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 24(2)(a); S.I. 2009/803, art. 3(1)

F159 Word in s. 71(1) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 24(2)(b); S.I. 2009/803, art. 3(1)

F160 Words in s. 71(2) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 24(3)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F161 Word in s. 71(2)(a) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 24(3)(b); S.I. 2009/803, art. 3(1)

Modifications etc. (not altering text)

C20 S. 71 functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

Miscellaneous E+W+S

72 Application and exclusion of certain enactments. E+W

(1) Any property—

(a) vested in any person by virtue of an order under section 40 or section 41 above transferring that property from a development corporation F162 ..., [F163 or

(b) of a new town corporation vested in a district council by a transfer scheme under Part III of this Act,]

shall not be treated as so vested by way of sale for the purpose of section 12 of the M19 Finance Act 1895 (stamp duty on certain statutory transfers by way of sale).

(2) For the purposes of [F164 section 9 of the M20 Acquisition of Land Act 1981] (which relates to the acquisition of inalienable land) this Act shall be deemed to have been passed before the commencement of that Act.

Textual Amendments

F162 Words in s. 72(1)(a) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 25, 16; S.I. 2008/3068, art. 2(1)(v)(2)5, Sch. (with arts. 6-13)

F163 S. 72(1)(b) and the word “or” immediately preceding it repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(4), 195(2), Sch. 12 Pt. II

F164 Words substituted (30.1.1982) by Acquisition of Land Act 1981 (c. 67), Sch. 4 para. 33

Marginal Citations

M19 1895 c. 16.

M20 1981 c. 67.

73 Rights of entry. E+W

(1) Where an authority, being either a development corporation or a local highway authority or the Secretary of State, are—

(a) authorised to acquire any land compulsorily under this Act, F165 ...

F165 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any person, being an officer of the Valuation Office or a person authorised in writing by such authority, may at any reasonable time enter upon the land for the purpose of surveying it or estimating its value.

(2) Any person, being an officer of the Valuation Office or a person authorised in writing by the Secretary of State, may at any reasonable time enter upon any land for the purpose of surveying it or estimating its value in connection with any proposals relating to the land submitted or to be submitted under section 7(1) above.

(3) A person authorised under the foregoing provisions of this section to enter upon any land shall, if so required, produce evidence of his authority before entering, and shall not demand admission as of right to any land which is occupied unless 24 hours’ notice of the intended entry has been given to the occupier.

(4) Any person who obstructs a person acting in the exercise of his powers under this section shall be liable on summary conviction to a fine not exceeding [F166 level 2 on the standard scale].

Textual Amendments

F165 S. 73(1)(b) and preceding word omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 13; S.I. 2016/733, reg. 3(h) (with reg. 6)

F166 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Modifications etc. (not altering text)

C21 S. 73(2) functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

74 Local inquiries. E+W

(1) The Secretary of State or any other Minister may, for the purposes of the exercise of any of his functions under this Act, and subject to the following provisions of this section, cause to be held—

(a) such local inquiries as are directed by this Act, and

(b) such other local inquiries as he may think fit.

(2) The following subsections of section 250 of the M21 Local Government Act 1972 apply to inquiries held in pursuance of this Act as they apply to inquiries held under that section—

(a) subsections (2), (3) and (5) of that section (which relate to the giving of evidence at, and the costs of parties to, local inquiries), and

(b) except as regards an inquiry held for the purposes of the exercise of the Secretary of State’s functions under any of the provisions of this Act specified in subsection (3) below, subsection (4) of that section (which relates to recovery of the costs of holding local inquiries).

(3) The provisions of this Act referred to in subsection (2) above are— [F167 [F168 sections 40 and 41] and Schedule 10]

(4) This section is without prejudice to any other enactment authorising the holding of local inquiries.

Textual Amendments

F167 Words substituted for paragraphs (a) to (c) by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 11

F168 Words in s. 74(3) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 26; S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

Marginal Citations

M21 1972 c. 70.

75 Service of notices. E+W

(1) Subject to the provisions of this section, any notice or other document required or authorised to be served or given under this Act may be served or given either—

(a) by delivering it to the person on whom it is to be served or to whom it is to be given; or

(b) by leaving it at the usual or last known place of abode of that person, or, in a case where an address for service has been given by that person, at that address; or

(c) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode, or, in a case where an address for service has been given by that person, at that address; or

(d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(2) Where the notice or document is required or authorisd to be served on or given to any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—

(a) being addressed to him by the description of “the owner”, or “the occupier”, as the case may be, of the premises (describing them), it is delivered, left or sent in the manner specified in subsection (1)(a), (b) or (c) above; or

(b) being addressed to him either by name or in accordance with paragraph (a) above, and marked in such manner as may be prescribed for securing that it shall be plainly indentifiable as a communication of importance—

(i) it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it; or

(ii) it is delivered to some person on those premises; or

(iii) it is affixed conspicuously to some object on those premises.

(3) Subsection (4) below applies where—

(a) the notice or other document is required to be served on or given to all persons having interests in, or being occupiers of, premises comprised in any land; and

(b) it appears to the authority required to serve or give the notice or other document that any part of that land is unoccupied.

(4) In such a case the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than an owner who in accordance with the relevant provisions of this Act has given to that authority an address for the service of the notice on him) if—

(a) being addressed to “the owners and any occupiers” of that part of the land (describing it), and

(b) marked as mentioned in subsection (2) above,

it is affixed conspicuously to some object on the land.

76 Ecclesiastical property. E+W

(1) [F169 Where 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 Act as being vested in the [F170 Diocesan Board of Finance for the diocese in which the land is situated], and any notice to treat shall be served, or deemed to have been served, accordingly.

(2) Where under 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 [F170 Diocesan Board of Finance for the diocese in which the land is situated].

Textual Amendments

F169 Words in s. 76(1) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 23(1)(b); 2006 No. 2, Instrument made by Archbishops

F170 Words in s. 76 substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 23(1)(a); 2006 No. 2, Instrument made by Archbishops

77 Regulations and orders. E+W

(1) The Secretary of State may make regulations for the purpose of prescribing anything which is authorised or required to be prescribed under this Act.

(2) Regulations under this Act shall be made by statutory instrument, which [F171 , subject to subsection (2A),] shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F172 (2A) A statutory instrument containing regulations under section 1A(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

(3) The power to make orders under sections 1, 2, [F173 39] 40 to 42 [F174 and 60][F174 60, 62A and 62B] above F175 ... is exercisable by statutory instrument, . . . F176

[F177 (3ZA) The power of the Secretary of State to make orders under section 3 is also exercisable by statutory instrument.]

[F178 (3A) Any provision of this Act conferring a power to make orders (whether exercisable by statutory instrument or otherwise), except section 40, implies a power exercisable in the same manner and subject to the same conditions or limitations, to revoke or amend any instrument made under the power.]

[F179 (3B) A statutory instrument containing an order made by the Secretary of State under section 1, 2 or 3 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3C) If a draft of an instrument containing an order of the Secretary of State under section 1, 2 or 3 would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.]

(4) [F180 A statutory instrument that is made by the Welsh Ministers (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) under any of the following provisions of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales—]

[F181 (a) an order under section 1 where]—

(i) the order is one designating an area as the site of a proposed new town, or one designating an additional area of not less than 500 acres which would extend the area of a new town by not less than 10 per cent., and

(ii) an objection to the order was duly made by F182 ... [F183 the local planning authority] and had not been withdrawn at the time the order was made; or

(b) [F184 an order] under section 2 [F185 42 or 62B(1)].

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F186

Textual Amendments

F171 Words in s. 77(2) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 16(3)(a), 46(1); S.I. 2017/767, reg. 2(f)

F172 S. 77(2A) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 16(3)(b), 46(1); S.I. 2017/767, reg. 2(f)

F173 Words inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(1)(a)

F174 “60, 62A and 62B” substituted (E.W.) for “and 60” by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 8(2)

F175 Words in s. 77(3) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 27, Sch. 16; S.I. 2009/803, arts. 3(1), 10

F176 Words repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1)(2), Sch. 3 para. 12(c), Sch. 4

F177 S. 77(3ZA) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(4)(a), 216(3); S.I. 2016/733, reg. 3(g)

F178 S. 77(3A) inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(2)

F179 S. 77(3B)(3C) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(4)(b), 216(3); S.I. 2016/733, reg. 3(g)

F180 Words in s. 77(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(4)(c), 216(3); S.I. 2016/733, reg. 3(g)

F181 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(3)(b)

F182 Words in s. 77(4)(a)(ii) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 169(4)(d), 216(3); S.I. 2016/733, reg. 3(g)

F183 Words in s. 77(4)(a)(ii) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 63(8) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F184 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(3)(c)

F185 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 8(2)(b)

F186 S. 77(5) repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(2), Sch. 4

78 Meaning etc. of “appropriate Minister”. E+W

(1) In this Act “the appropriate Minister” means—

(a) in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour or pier undertaking, the Secretary of State for Transport;

(b) in relation to statutory undertakers carrying on an undertaking for the supply of . . . F187 hydraulic power, the [F188 Secretary of State for Trade and Industry];

(c) in relation to . . . F189 the Civil Aviation Authority or statutory undertakers carrying on any lighthouse undertaking, the Secretary of State for Trade;

(d) in relation to [F190 a universal postal service provider] . . . F191 , the Secretary of State for Industry;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F192

(f) in relation to any other statutory undertakers, the Secretary of State for the Environment.

(2) References in this Act to the Secretary of State and the appropriate Minister have effect—

(a) as references to the Secretary of State and the appropriate Minister, if the appropriate Minister is not the one concerned as the Secretary of State; and

(b) as references to the one concerned as the Secretary of State alone, if he is also the appropriate Minister.

(3) If any question arises—

(a) in relation to anything required or authorised to be done under this Act as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury;

(b) in relation to the authorisation under this Act of a compulsory acquisition of land, whether land of statutory undertakers is operational land, that question shall be determined by the Secretary of State and the appropriate Minister.

Textual Amendments

F187 Words repealed by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I and by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18 (with s. 112(3), Sch. 17 para. 35(1) )

F188 Words in s. 78(1) substituted (5.7.1992) by S.I. 1992/1314, art. 3(3), Sch. 1, para. 1(c)

F189 Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I

F190 Words in s. 78(1)(d) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 51 (subject to art. 1(3))

F191 Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 7 Pt. I

F192 S. 78(1)(e) repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

Modifications etc. (not altering text)

C22 S. 78(1)(a) transfer of functions (7.5.2008) by Transfer of Functions (Miscellaneous) Order 2008 (S.I. 2008/1034), arts. 1(2), 5

C23 S. 78(1)(b) transfer of functions (5.3.2009) by Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), arts. 1(2), 4, Sch. 1(b)

C24 S. 78(1)(f) transfer of functions (7.5.2008) by Transfer of Functions (Miscellaneous) Order 2008 (S.I. 2008/1034), arts. 1(2), 5

79 Meaning of “statutory undertakers” and “operational land”. E+W

(1) In this Act, except in so far as the context otherwise requires, “statutory undertakers” means—

(a) persons authorised by any enactment to carry on—

(i) any railway, light railway, tramway, road transport, water transport, canal or inland navigation undertaking, or

(ii) any dock, harbour, pier or lighthouse undertaking, or

(iii) any undertaking for the supply of F193 . . ., . . . F194 [F195 or hydraulic power], or

(b) the Civil Aviation Authority . . . [F196 , or]

[F197 (ba) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services),]or

(c) [F198 a universal postal service provider in connection with the provision of a universal postal service] . . . F199 ,

and “statutory undertaking” shall be construed accordingly.

[F200 (1A) For the purposes of this Act—

(a) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

(b) the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.]

[F201 (1B) The undertaking of a universal postal 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 Act; and references in this Act to his undertaking shall be construed accordingly.]

(2) In this Act, subject to subsection (3) below, and except in so far as the context otherwise requires, “operational land”, in relation to statutory undertakers, means—

(a) land which is used for the purpose of the carrying on of their undertaking, and

(b) land in which an interest is held for that purpose,

not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

(3) In this Act “operational land”—

(a) in relation to [F202 a universal postal service provider], has the meaning given by paragraph 93(4) of Schedule 4 to the M22 Post Office Act 1969;

(b) in relation to the Civil Aviation Authority, has the meaning given by [F203 paragraph 5 of Schedule 2 to the Civil Aviation Act 1982];

[F197 (ba) in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means any land which is used by the licence holder (or by a company associated with it) for the purpose of carrying out activities authorised by the licence or land in which the licence holder (or a company associated with it) holds an interest for that purpose.]

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F204

[F200 (4) If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.]

Textual Amendments

F193 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18 (with s. 112(3), Sch. 17 para. 35(1))

F194 Word repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

F195 Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 64(2) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F196 Word in s. 79(1) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 5(2) (with s. 106); S.I. 2001/869, art. 2

F197 S. 79(1)(ba)(3)(ba) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 5(2)(4) (with s. 106); S.I. 2001/869, art. 2

F198 Words in s. 79(1)(c) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 52(2) (subject to art. 1(3))

F199 Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 3(1)(k), Sch. 7 Pt. I

F200 S. 79(1A)(4) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 5(3)(5) (with s. 106); S.I. 2001/869, art. 2

F201 S. 79(1B) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 52(3) (subject to art. 1(3))

F202 Words in s. 79(3)(a) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 52(4) (subject to art. 1(3))

F203 Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 26

F204 S. 79(3)(c) repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 7 Pt. I

Marginal Citations

M22 1969 c. 48.

80 General interpretation provisions. E+W

(1) In this Act, except in so far as the context otherwise requires—

• “acquiring authority”, in relation to the acquisition under or for the purposes of this Act of any land (whether compulsorily or by agreement) or to a proposal so to acquire any land, means the development corporation, local highway authority or Minister of the Crown by whom the land is, or is proposed to be, acquired;

• F205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

• “compulsory purchase order” means an order under section 10(1) or section 11(1) or (2) above;

• “development” includes re-development and “develop” shall be construed accordingly;

• “development corporation” has the meaning given by section 3 above;

• [F206 “dispose”, in relation to property, includes the granting of any interest in or right over it; ]

• “ecclesiastical property” means land belonging to an ecclesiastical benefice [F207 of the Church of England], or being or forming part of a church subject to the jurisdiction of a bishop of any diocese [F207 of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction;

• “enactment”, except in Schedule 10 to this Act, includes an enactment in any local or private Act of Parliament, and an order, byelaw or scheme made under an Act of Parliament;

• [F206 “financial year”, in relation to a development corporation F208 ..., shall be construed in accordance with section 67(2) above; ]

• “fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the M23 National Trust Act 1907 or section 8 of the M24 National Trust Act 1939;

• “land” includes messuages, tenements, and hereditaments, houses, and buildings of any tenure;

• “local authority” means

  (a)

  [F209 [F210 a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;]

  (aa)

  [F211 a fire and rescue authority in Wales 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;]

  (c)

  a levying body within the meaning of section 74 of [F212 the Local Government Finance Act 1988], and

  (d)

  a body as regards which section 75 of that Act applies]

  and any joint board or joint committee if all the constituent authorities are such local authorities as are mentioned above;

• “local highway authority” means a highway authority other than the Secretary of State;

• “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907;

• “open space” means any land laid out as a public garden, or used for purposes of public recreation, or land being a disused burial ground;

• “owner”, in relation to any building or land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the building or land, whether in possession or reversion, or who holds or is entitled to the rents and profits of the building or land under a lease or agreement of which the unexpired term exceeds 3 years;

• “planning permission” means permission under Part III of [F213 the Town and Country Planning Act 1990];

• “prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

• “trolley vehicle” means a mechanically propelled vehicle adapted for use on roads without rails and moved by power transmitted to it from some external source;

• [F214 “universal postal service provider” means a universal service provider within the meaning of [F215 Part 3 of the Postal Services Act 2011]; and references to the provision of a universal postal service shall be construed in accordance with [F216 that Part];]

• “Valuation Office” means the Valuation Office of the Inland Revenue Department.

(2) Any reference in this Act to the area of a new town is a reference to the area designated as the site of that new town by the relevant order under section 1 above.

(3) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(4) Nothing in this Act shall be taken as prejudicing the provisions of—

F217 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Part X of the M25 Local Government, Planning and Land Act 1980 (land held by public bodies).

Textual Amendments

F205 Definition of 'the Commission' in s. 80(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 28(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F206 Definition inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 13

F207 Words in s. 80(1) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 23(2); 2006 No. 2, Instrument made by Archbishops

F208 Words in s. 80(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 28(b), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F209 Words substituted by S.I. 1990/776, art. 8, Sch. 3 para. 22

F210 In the definition of "local authority" in s. 80(1), paras. (a)(aa) substituted (2.11.1992) for para. (a) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13, para. 51 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 2

F211 Words in s. 80(1) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 52(1)(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F212 Words in s. 80(1) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 52(1)(3); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F213 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 51(3)

F214 S. 80(1): definition of

“universal postal service provider”

inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 53 (subject to art. 1(3))

F215 Words in s. 80(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 113(a); S.I. 2011/2329, art. 3

F216 Words in s. 80(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 113(b); S.I. 2011/2329, art. 3

F217 S. 80(4)(a) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

Marginal Citations

M23 1907 c. cxxxvi.

M24 1939 c. lxxxvi.

M25 1980 c. 65.

81 Saving and transitional provisions, consequential amendments and repeals. E+W

Subject to the saving and transitional provisions given effect to in Schedule 11 to this Act—

(a) the enactments specified in Schedule 12 to this Act have effect subject to the amendments (being amendments consequent on this Act) specified in that Schedule; and

(b) the enactments specified in Schedule 13 to this Act (which include enactments which were spent before the passing of this Act) are repealed to the extent specified in the third column of that Schedule.

82 Short title, extent and commencement. E+W

(1) This Act may be cited as the New Towns Act 1981.

(2) The provisions of this Act mentioned below (and no others) extend to Scotland—

(a) section 60, and in relation to that section, subsections (3) and [F218 (3A)] of section 77;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F219

(c) paragraphs [F220 1 and 2] of Schedule 11;

(d) Schedule 12 so far as it amends provisions which apply to Scotland; and

(e) Schedule 13 so far as it repeals section 1(2) of the M26 New Towns Act 1975, section 14(4) of the M27 New Towns (Amendment) Act 1976, the M28 New Towns Act 1980, and sections 126 and 127 and (so far as it relates to Scotland) section 133 of the M29 Local Government, Planning and Land Act 1980.

The provisions mentioned in paragraph (a) shall be taken to have extended to Scotland since section 43 of the M30 New Towns Act 1965 as substituted by section 1(2) of the New Towns Act 1975 came into effect, without prejudice to sections 16 and 17 of the M31 Interpretation Act 1978 (which relate to the effect of repeals).

(3) Except for F221 ... Schedule 13 so far as it repeals section 14(4) of the New Towns (Amendment) Act 1976, nothing in this Act extends to Northern Ireland.

(4) This Act shall come into force on the expiry of the period of one month beginning on the date of its passing.

Textual Amendments

F218 “(3A)” substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123: 3, 4), s. 14(1), Sch. 3 para. 14

F219 S. 82(2)(b) repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123: 3, 4), s. 14(2), Sch. 4

F220 Words in s. 82(2)(c) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 29(a); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F221 Words in s. 82(3) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 29(b), Sch. 16; S.I. 2008/3068, art. 2(1)(v)(2)5, Sch. (with arts. 6-13)

Marginal Citations

M26 1975 c. 42.

M27 1976 c. 68.

M28 1980 c. 36.

M29 1980 c. 65.

M30 1965 c. 59.

M31 1978 c. 30.