Land Compensation Act 1961

Part II E+W Special Provisions as to New Towns

Modifications etc. (not altering text)

C1 Sch. 1 Pt. II restricted by Development of Rural Wales Act 1976 (c. 75), s. 5(1), Sch. 3 para. 30(3)

5 E+W In this Part of this Schedule “the transfer date”, in relation to a new town, means the date on which, by virtue of any enactment contained in any Act relating to new towns, whether passed before or after this Act, the development corporation established for the purposes of that new town ceases to act, except for purposes of or incidental to the winding up of its affairs.

6 E+W Land shall not be treated as forming part of such an area as is mentioned in paragraph 3 [F1 or 3A] of this Schedule if the notice to treat is served on or after the transfer date.

Textual Amendments

F1 Words inserted by New Towns Act 1966 (c. 44), Sch. Pt. I para. 2

7 E+W In determining whether the relevant land forms part of such an area as is mentioned in the said paragraph 3,—

(a) in the case of an area designated as the site of a new town by an order which became operative on or before the twenty-ninth day of October, nineteen hundred and fifty-eight, regard shall be had to that order in the form in which, whether as originally made or as subsequently varied, it was in force on that day, and any variation becoming operative after that day shall be disregarded;

(b) in the case of an area designated as the site of a new town by an order which became operative after the said twenty-ninth day of October, whether before or after the passing of this Act, regard shall be had to the order in its original form, and any variation of the order shall be disregarded.

8 E+W For the purpose of determining whether any development of which there is a prospect on the date of service of the notice to treat would be such development as is described in the said paragraph 3 [F2 or 3A] it is immaterial whether the time when that development will or may take place is a time before, on or after the transfer date.

Textual Amendments

F2 Words inserted by New Towns Act 1966 (c. 44), Sch. Pt. I para. 2

[F3 9 (1) This paragraph applies where, before the date of service of the notice to treat for the purposes of a compulsory acquisition (the relevant acquisition), the land has been disposed of by an authority or body in circumstances where paragraph 3 or 3A of this Schedule would have applied if (at the time of the disposal) the authority or body had been compulsorily acquiring the land. E+W

(2) In that case, paragraphs 3 and 3A shall not apply for the purposes of the relevant acquisition.]

Textual Amendments

F3 Para. 9 inserted by Local Government, Planning and Land Act 1980 (c. 65), Sch. 25 para. 8 except where a notice to treat has been served before 13.11.1980