New Towns Act 1981

Changes over time for: Section 39

Alternative versions:

Changes to legislation:

New Towns Act 1981, Section 39 is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 1A(1) omitted by 2023 c. 55 Sch. 16 para. 7(3)
s. 1A(2) omitted by 2023 c. 55 Sch. 16 para. 7(3)
s. 1A(4) word inserted by 2023 c. 55 Sch. 16 para. 7(4)(b)
s. 1A(4) words substituted by 2023 c. 55 Sch. 16 para. 7(4)(a)
s. 1A(5)(a) words substituted by 2023 c. 55 Sch. 16 para. 7(5)(a)
s. 1ZA 1ZB inserted by 2023 c. 55 s. 172(2)
s. 2(1A) inserted by 2023 c. 55 Sch. 16 para. 8
s. 3(2B)-(2D) inserted by 2023 c. 55 s. 172(3)(c)
s. 3(2ZA)(2ZB) inserted by 2023 c. 55 s. 178(2)(b)
s. 7A 7B inserted by 2023 c. 55 s. 175(2)
s. 60(1A) inserted by 2023 c. 55 s. 179(2)(b)
s. 77(3E) inserted by 2023 c. 55 Sch. 17 para. 1(3)
Sch. 3 para. 10A 10B and cross-heading inserted by 2023 c. 55 s. 175(3)

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 [F1appropriate 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 [F2appropriate 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.

[F3(2A)Subsection (2) above shall have effect [F4in 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 [F5appropriate 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)[F6In a case in which the appropriate national authority is the [F7appropriate 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 [F8appropriate 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, [F8the authority] may, [F9with the Treasury’s consent, by order], reduce that liability to such extent as may be specified in the order.

[F10(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.

[F11(7)This section shall have effect as if references to statutory undertakers included references to the operator of [F12an electronic communications code network] and as if for this purpose—

(a)references to a statutory undertaking were references to [F13the 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

F1Words 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)

F2Words 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)

F3S. 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