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Transport Act 1968

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This is the original version (as it was originally enacted).

141Application of Town and Country Planning Acts

(1)Section 86 of the Act of 1962 (application of Town and Country Planning Acts) shall have effect as if the expression " Board " therein included each of the new authorities and the Executive for any designated area within the meaning of section 9(1) of this Act.

(2)Where in the case of any company—

(a)the company is a wholly-owned subsidiary of one of the following bodies, namely, a board, a new authority, or such an Executive as aforesaid; or

(b)two or more such bodies as aforesaid are members of the company and, if those bodies were a single body corporate, the company would be a wholly-owned subsidiary of that body corporate,

the said section 86 shall have effect as if the expression " Board " therein included that company and, so far as the activities of the company consist of the carrying on of any such undertaking as is mentioned in the definition of " statutory undertakers " in section 221(1) of the [1962 c. 38.] Town and Country Planning Act 1962 or in section 113(1) of the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947, the company shall be deemed for the purposes of the said section 86 and any other enactment relating to statutory undertakers or statutory undertakings to be such undertakers carrying on such an undertaking.

(3)Subsection (1) of the said section 86 shall apply—

(a)to anything done by a Board or new authority in the exercise of the powers conferred by section 49(3) or (4) of this Act; and

(b)to anything done by such an Executive as aforesaid in the exercise of the powers conferred by paragraph (xxii) of section 10(1) of this Act; and

(c)to anything done by such a company as aforesaid which, if that company were a Board or such an Executive as aforesaid, would be an exercise of—

(i)the powers referred to in paragraph (a) or (b) of the said subsection (1); or

(ii)the powers conferred by the said section 49(3) or (4); or

(iii)the powers conferred by the said paragraph (xxii),

as it applies to anything done by a Board in the exercise of the powers referred to in paragraph (a) or (b) of the said subsection (1).

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