New Towns (Scotland) Act 1968

1. Introductory Text

2. New towns and their development corporations

   1. 1. Designation of site of new town.

   2. 1A. Reduction of designated areas.

   3. 2. Establishment of development corporation for new town.

   4. 3. Objects and general powers of development corporation.

   5. 4. Restrictions on powers of development corporation.

   6. 5. Allocation or transfer of new town functions to existing or new development corporation.

3. Planning control in new towns

   1. 6. Planning control in new town.

4. Acquisition of land by development corporations and highway authorities

   1. 7. Acquisition of land by development corporation.

   2. 8. Acquisition of land for highways in connection with new towns.

   3. 9. Recording of compulsory purchase orders.

   4. 10. Special procedure for acquisition of statutory undertakers’ operational land.

   5. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   6. 12. Application of Lands Clauses Acts etc. and modification of Land Compensation (Scotland) Act 1963, for purposes of this Act.

   7. 13. Measure of compensation for acquisition of statutory undertakers’ operational land.

   8. 14. Extinguishment of rights over land compulsorily acquired.

5. Expedited completion of compulsory acquisition

   1. 15—17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. Disposal of land by development corporations

   1. 18. Disposal of land by development corporation.

   2. 18AA. Power of development corporation to dispose of housing land.

   3. 18A. Secretary of State’s general power.

   4. 18B. Disposal of land to comply with direction under s. 18A.

   5. 18C. Payments under s. 18A treated as repayments.

7. Powers exercisable in relation to land acquired by development corporations or highway authorities

   1. 19. Power to override servitudes and other rights.

   2. 20. Use and development of churches and burial grounds.

   3. 21. Use and development of open spaces.

   4. 22. Displacement of persons from land acquired.

   5. 23. Extinguishment of public rights of way over land acquired.

   6. 24. Provisions as to telegraphic lines.

   7. 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. Statutory undertakers

   1. 26. Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers.

   2. 27. Orders under s. 26.

   3. 28. Extension or modification of functions of statutory undertakers.

   4. 29. Procedure in relation to orders under s. 28.

   5. 30. Relief of statutory undertakers from obligations rendered impracticable.

   6. 31. Objections to orders under ss. 28 and 30.

9. Provision of trolley vehicle services by development corporations

   1. 32. Power to authorise provision of trolley vehicle services by development corporation.

10. Public services

    1. 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 34. Power to authorise provision of services by development corporation.

11. Transfer of property and undertakings of development corporations, and their dissolution

    1. 35. Power of development corporation to transfer their undertakings.

    2. 36. Winding up of development corporation.

    3. 36A. Application of sections 35 etc. to operators of telecommunication systems.

    4. 36B. Additional power to dispose of property etc.

    5. 36C. Direction and order making powers of Secretary of State.

    6. 36D. Transfer orders.

    7. 36E. Reduction of liability of development corporation.

    8. 36F. Grants by Secretary of State.

    9. 36G. Dissolution of development corporation.

    10. 36H. Financial consequences of winding up.

12. Financial and related provisions

    1. 37. Advances and grants by Secretary of State to development corporation.

    2. 37AA. Grants by Secretary of State to development corporation.

    3. 37A. Other borrowing powers of development corporations.

    4. 38. Provisions supplementary to s. 37.

    5. 38A. Treasury guarantees.

13. Financial reconstruction

    1. 38AB. Power to extinguish loan obligations of development corporation.

    2. 38B. Disposal of surplus funds of development corporations.

    3. 39. Accounts, audit, annual reports etc.

    4. 40. General provision as to expenses.

14. Miscellaneous and supplementary

    1. 41. Application of certain enactments.

    2. 42. Rights of entry.

    3. 43. Local inquiries.

    4. 44. Inquiries under Private Legislation Procedure (Scotland) Act 1936.

    5. 45. Service of notices.

    6. 46. Regulations and orders.

    7. 47. Interpretation.

    8. 48. Saving and transitional provisions, consequential amendments and repeals.

    9. 49. Short title, commencement and extent.

15. SCHEDULES

    1. SCHEDULE 1

       Procedure for designating site of new town

       1. Making of orders under section 1

          1. 1. (1) Where the Secretary of State proposes to make an...

          2. 2. Before making the order the Secretary of State shall publish...

          3. 3. If any objection is duly made to the proposed order...

          4. 4. Subject to the provisions of paragraph 3 above, the Secretary...

          5. 5. As soon as may be after an order has been...

       2. Validity and date of operation of orders under section 1

          1. 6. If any person aggrieved by an order under section 1...

          2. 7. Subject to the provisions of paragraph 6 above, an order...

    2. SCHEDULE 1A

       Effect of order for reduction of designated area

       1. Disposal of Land

          1. 1. (1) Subject to sub-paragraphs (2) to (4) below, and without...

    3. SCHEDULE 2

       Constitution and proceedings of development corporations

       1. Apointment of members and tenure of office

          1. 1. (1) The members of a development corporation (in this Schedule...

          2. 2. Subject to the following provisions of this Schedule, a member...

          3. 3. If the chairman or deputy chairman of the corporation ceases...

          4. 4. Any member of the corporation may, by notice in writing...

          5. 5. If the Secretary of State is satisfied that a member...

          6. 6. A member of the corporation who ceases to be a...

       2. Remuneration

          1. 7. The corporation shall pay to their members, in respect of...

       3. Pension benefits for chairmen

          1. 7A. In the case of any such person, who is or...

       4. Meetings and proceedings

          1. 8. The quorum of the corporation and the arrangements relating to...

          2. 9. The validity of any proceeding of the corporation shall not...

       5. Instruments, etc.

          1. 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          2. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. SCHEDULE 3

       Procedure for authorising compulsory acquisitions

       1. Part I

          1. Acquisitions by development corporations and local highway authorities

             1. 1. (1) A compulsory purchase order made under this Act by...

             2. 2. (1) After submitting the order to the Secretary of State,...

             3. 3. Subject to the provisions of paragraph 4 below in any...

             4. 4. (1) If any objection is duly made to the order...

             5. 5. As soon as may be after the order has been...

             6. 6. The Secretary of State may by regulations make provisions for...

       2. Part II

          1. Special provisions applying to acquisitions by local highway authorities

             1. 7. (1) Subject to this paragraph, where a compulsory purchase order...

             2. 8. Where there is submitted to the Secretary of State a...

       3. Part III

          1. Acquisitions by Secretary of State

             1. 9. (1) A compulsory purchase order made under section 8(2) of...

             2. 10. Where the Secretary of State proposes to make such an...

             3. 11. Paragraphs 3, 4, 5, 7 and 8 above shall have...

       4. Part IV

          1. Special provisions as to certain descriptions of land

             1. 12. In so far as a compulsory purchase order authorises the...

             2. 13. (1) In so far as a compulsory purchase order authorises...

       5. Part V

          1. Validity and date of operation of compulsory purchase orders and certificates

             1. 14. If any person aggrieved by a compulsory purchase order, or...

             2. 15. Subject to the provisions of paragraph 14 above, a compulsory...

             3. 16. This Part of this Schedule shall not apply to an...

    5. SCHEDULE 4

       Procedure for authorising compulsory acquisition of statutory undertakers’ operational land

       1. Part I

          1. Acquisitions by development corporations and local highway authorities

             1. 1. An application by a development corporation or local roads authority...

             2. 2. As soon as may be after submitting the application to...

             3. 3. (1) If no objection is duly made by any of...

             4. 4. A compulsory purchase order made on such an application shall...

             5. 5. As soon as may be after a compulsory purchase order...

       2. Part II

          1. Acquisitions by Secretary of State and appropriate Minister

             1. 6. A compulsory purchase order made by the Secretary of State...

             2. 7. Where the Secretary of State and the appropriate Minister propose...

             3. 8. Paragraphs 3 and 5 of this Schedule shall have effect...

       3. Part III

          1. Modification of Schedule 3, Part V in relation to compulsory purchase orders made in pursuance of s. 10

             1. 9. Part V of Schedule 3 to this Act shall have...

    6. SCHEDULE 5

       Assessment of compensation to statutory undertakers

       1. Part I

          1. Measure of compensation

             1. 1. (1) Where statutory undertakers are entitled to compensation as mentioned...

          2. Exclusion of paragraph 1 at option of statutory undertakers

             1. 2. (1) Where statutory undertakers are entitled to compensation in respect...

          3. Procedure for assessing compensation where paragraph 1 applies

             1. 3. Where the amount of any such compensation as is mentioned...

             2. 4. In this Part of this Schedule, “the tribunal” means the...

       2. Part II

          1. Tribunal for assessment of compensation

             1. 5. (1) The tribunal for the assessment of compensation referred to...

    7. SCHEDULE 6

       Modifications of enactments for purposes of this act

       1. Part I

          1. The Lands Clauses Acts

             1. 1. (1) The following sections of the Lands Clauses Consolidation (Scotland)...

             2. 2. For the purposes of section 116 of the Act of...

             3. 3. The acquiring authority shall, without prejudice to any power in...

             4. 4. (1) If the acquiring authority have, in respect of any...

             5. 5. (1) The provisions of this paragraph shall have effect in...

             6. 6. Notices required to be served by the acquiring authority may,...

       2. Part II

          1. The Land Compensation (Scotland) Act 1963

             1. 7. The arbiter shall not take into account any interest in...

             2. 8. . . . . . . . . . ....

    8. SCHEDULE 7

       1. . . . . . . . . . ....

    9. SCHEDULE 8

       Procedure for dealing with objections to orders under ss 23, 28 and 30

       1. 1. (1) In this Schedule “the relevant Minister” means—

       2. 2. Unless the relevant Minister decides apart from the objection not...

       3. 3. In so far as the relevant Minister, after considering the...

       4. 4. If, after considering the grounds of the objection as set...

       5. 5. Subject to paragraphs 3 and 4 above, the relevant Minister,...

       6. 6. Notwithstanding anything in the foregoing provisions of this Schedule, if...

    10. SCHEDULE 9

        Saving and transitional provisions

        1. 1. In so far as any order, regulation, certificate, declaration or...

        2. 2. Without prejudice to paragraph 1 above, any provision of this...

        3. 3. Notwithstanding anything in paragraph 1 or 2 above, any advance...

        4. 4. Nothing in this Act shall affect the enactments repealed thereby...

        5. 5. Where any Act (whether passed before, or in the same...

        6. 6. (1) Notwithstanding section 8(3) of this Act, paragraph 12 of...

        7. 7. Without prejudice to paragraph 5 above, the reference to section...

        8. 8. Nothing in this Schedule shall be taken as prejudicing the...

    11. SCHEDULE 10

        Consequential Amendments of Enactments

        1. Rivers (Prevention of Pollution) (Scotland) Act 1951

           1. In section 35(1), in the definition of “ local authority”,...

        2. New Towns Act 1965

           1. In section 43(b), for the words from “whether” to the...

    12. SCHEDULE 11

        Repeals