New Towns Act 1981

Public health

33 New town may be united district for Public Health Acts

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 [1936 c. 49.] 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 districts concerned or any of them.

34 Sewers and sewage disposal works

(1) The Secretary of State—

(a) on an application made to him by the development corporation, and

(b) after consultation with the council of every county and of every district and the water authority for every water authority area in which the whole or any part of the area of the corporation's new town in situated,

may by order authorise that development corporation to exercise, for the purpose of the sewerage of the area of the new town, any powers exercisable by a water authority under section 15 of the Public Health Act 1936 (construction of sewers and sewage disposal works).

(2) An order under this section may provide for the transfer to the development corporation of any sewers or sewage disposal works vested in the sewerage authority for any district which comprises the area of the new town or any part of that area.

This subsection is without prejudice to the provisions of this Act with respect to the acquisition of land by development corporations.

(3) An order under this section may include a direction that such of the provisions of the Public Health Acts 1936 and 1937 or of the [1961 c. 64.] Public Health Act 1961 relating to sewerage and sewage disposal, or to sewers, drains, cesspools and sanitary conveniences as may be specified in the order shall apply in relation to the area of the new town, subject to such modifications as may be so specified—

(a) as if the development corporation were a local authority as defined by those Acts, and

(b) as if the sewers vested in the corporation were public sewers as so defined.

The references in this subsection to the provisions Of those Acts of 1936 and 1961 include the provisions of those Acts relating to the payment of compensation, the breaking up of streets and the power to enter on land.

(4) Where, in pursuance of an order under this section, sewers or sewage disposal works are constructed by or vested in a development corporation for the purposes of the sewerage of any part of the district of a sewerage authority within the meaning of the [1936 c. 49.] Public Health Act 1936, that authority shall contribute as provided in subsection (5) below towards the expenses of the development corporation in the construction or maintenance of the sewers or sewage disposal works.

(5) The contributions referred to in subsection (4) above shall be of such amount and subject to such conditions—

(a) as may be agreed upon between the authority and the corporation, or

(b) in default of such agreement, as may be determined by the Secretary of State,

and the payment of any such contributions shall be a purpose for which the sewerage authority may borrow money.

(6) Any order under this section which provides for the transfer to a development corporation of sewers or sewage disposal works vested in a sewerage authority may provide for the payment by the corporation to the authority, in consideration of the transfer, of such sum—

(a) as may be agreed upon between the corporation and the authority, or

(b) in default of such agreement, as may be determined by the Secretary of State.