New Towns Act 1981

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;

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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;

• [F2 “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 [F3 of the Church of England], or being or forming part of a church subject to the jurisdiction of a bishop of any diocese [F3 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;

• [F2 “financial year”, in relation to a development corporation F4 ..., 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 M1 National Trust Act 1907 or section 8 of the M2 National Trust Act 1939;

• “land” includes messuages, tenements, and hereditaments, houses, and buildings of any tenure;

• “local authority” means

  (a)

  [F5 [F6 a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;]

  (aa)

  [F7 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 [F8 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 [F9 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;

• [F10 “universal postal service provider” means a universal service provider within the meaning of [F11 Part 3 of the Postal Services Act 2011]; and references to the provision of a universal postal service shall be construed in accordance with [F12 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—

F13 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Part X of the M3 Local Government, Planning and Land Act 1980 (land held by public bodies).

Textual Amendments

F1 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

F2 Definition inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 13

F3 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

F4 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

F5 Words substituted by S.I. 1990/776, art. 8, Sch. 3 para. 22

F6 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

F7 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

F8 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

F9 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 51(3)

F10 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))

F11 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

F12 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

F13 S. 80(4)(a) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

Marginal Citations

M1 1907 c. cxxxvi.

M2 1939 c. lxxxvi.

M3 1980 c. 65.