Local Government, Planning and Land Act 1980

PART I Local Government—Relaxation of Controls

1 Relaxation of Ministerial control of authorities

(1) So much of the provisions mentioned in Schedule 1 to this Act—

(a) as makes the exercise of any power of a local authority subject—

(i) to a right of appeal to a Minister; or

(ii) to the provisions of regulations made by a Minister; or

(b) as confers upon a Minister any power to give a local authority directions or power to require a local authority to make byelaws; or

(c) as requires a local authority to make any report or give any notice to a Minister,

shall cease to have effect.

(2) The amendments specified in Schedule 2 to this Act shall have effect for the purpose of limiting—

(a) the powers of the Secretary of State and the Treasury to supervise local authorities, water authorities and river purification authorities in the discharge of their functions relating to clean air and pollution; and

(b) the powers of the Treasury to control rates of interest on sums payable to such authorities and to the Secretary of State in respect of expenses incurred by them in the discharge of such functions.

(3) The amendments specified in Schedule 3 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to amenity and connected matters.

(4) The amendments specified in Schedule 4 to this Act shall have effect for the purpose of limiting the Secretary of State's powers to supervise local authorities in the discharge of their functions relating to weights and measures and to trade.

(5) The amendments specified in Schedule 5 to this Act shall have effect for the purpose—

(a) of limiting the Secretary of State's powers to supervise local authorities in the discharge of their functions relating to allotments; and

(b) of otherwise amending the enactments relating to the duties of the Secretary of State and of local authorities in relation to allotments.

(6) The amendments specified in Schedule 6 to this Act shall have effect for the purpose of limiting the powers of Ministers to control charges to be imposed by local authorities for the services provided by them and rates of interest to which local authorities may be entitled.

(7) The amendments specified in Part I of Schedule 7 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to highways.

(8) The amendments specified in Part II of that Schedule shall have effect in relation to the functions of local authorities relating to road traffic and to matters connected with those functions.

PART II Publication of Information by Local Authorities

2 Duty of authorities to publish information

(1) The authorities to whom this section applies are—

(a) a county council;

(b) a district council;

(c) the Greater London Council;

(d) a London borough council;

(e) the Common Council of the City of London ;

(f) the Council of the Isles of Scilly;

(g) in Scotland, a regional, islands or district council;

(h) a fire authority constituted by a combination scheme under section 5 or 6 of the [1947 c. 41.] Fire Services Act 1947, or in Scotland, a joint committee constituted by an administration scheme under section 36 of that Act;

(j) a police committee constituted under section 2 of the [1964 c. 48.] Police Act 1964 or in Scotland a police authority constituted under section 2 of the [1967 c. 77.] Police (Scotland) Act 1967;

(k) a combined police authority constituted in accordance with the provisions of an amalgamation scheme under section 21 of the Police Act 1964 or in Scotland, a joint police committee constituted in accordance with the provisions of an amalgamation scheme under section 19 or 21A of the Police (Scotland) Act 1967 ; and

(l) the Inner London Education Authority.

(2) The Secretary of State may issue for the purposes of this section a code of recommended practice as to the publication of information by such authorities about the discharge of their functions and other matters (including forecasts) which he considers to be related.

(3) In relation to the Inner London Education Area functions conferred on education authorities by the Education Acts 1944 to 1980 shall be treated for the purposes of this section as conferred on the Inner London Education Authority.

(4) A code may be prepared either by the Secretary of State or by some other person at his request

(5) The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

(6) A code may specify—

(a) that publication be made in periodical reports or in any other specified manner ;

(b) the occasions on which such publication is to be made; and

(c) the form which such publication is to take.

(7) Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information—

(a) its dispatch with, or inclusion in, a demand note on which a rate is levied under the [1967 c. 9.] General Rate Act 1967 or the [1973 c. 65.] Local Government (Scotland) Act 1973 ;

(b) its inclusion in an abstract of accounts prepared by an authority to whom this section applies in accordance with regulations under section 166 of the [1972 c. 70.] Local Government Act 1972 or section 105 of the Local Government (Scotland) Act 1973 ; or

(c) its being made available for inspection by members of the public at an authority's offices or elsewhere.

(8) A code may specify steps which authorities are to take to inform the public of the availability of the information.

(9) Where a code specifies information as to the cost of the discharge of any of the functions of authorities, it may specify how the cost is to be determined.

(10) More than one code may be issued under this section, and different codes may deal with—

(a) different classes of information ;

(b) different kinds of authority or the same kind of authority in different circumstances or different areas;

(c) different manners, forms or occasions of publication.

3 Supplementary provisions relating to codes of practice on publication of information

(1) The Secretary of State may make regulations requiring authorities to whom section 2 above applies to publish any description of information specified in a code issued under that section if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description.

(2) The Secretary of State may make regulations requiring such authorities to publish any description of information specified in a code issued under section 2 above in the manner and form specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description in that manner and form.

(3) Where the occasions specified in a code for the publication of any description of information recur not more often than once a year, the Secretary of State may make regulations requiring authorities to publish information of that description on the occasions specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on those occasions.

(4) Where the occasions specified in a code for the publication of any description of information recur more often than once a year, the Secretary of State may make regulations requiring authorities to publish information on the occasions specified in the code if—

(a) the information is of a description to which this sub section applies; and

(b) in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on the occasions specified in the code.

(5) The descriptions of information to which subsection (4) above applies are—

(a) information about the discharge of authorities' functions relating to housing or land;

(b) information about the number of their employees or the number of any description of their employees ; and

(c) information about the determination of applications for planning permission under the [1971 c. 78.] Town and Country Planning Act 1971 or the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.

(6) The Secretary of State may by order direct that subsection (4) above shall apply to descriptions of information other than those specified in subsection (5) above.

(7) Any regulations under this section and any order under subsection (6) above may make different provision in relation to authorities in England, authorities in Scotland and authorities in Wales.

(8) The power to make any such regulations or order shall be exercisable by statutory instrument.

(9) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) No order under subsection (6) above shall have effect until approved by a resolution of each House of Parliament.

(11) Before issuing a code under section 2 above or making regulations under this section or an order under subsection (6) above the Secretary of State shall consult such associations of authorities to whom section 2 above applies as appear to him to be concerned and any such authority with whom consultation appears to him to be desirable.

(12) A code may specify and regulations under subsection (2) above may require that any description of information shall be published to the public in general or to any section of it.

4 Power to direct bodies to publish information

(1) The relevant Minister may direct that a body or description of bodies specified in any of the paragraphs of subsection (4) below shall publish information about the discharge of their functions and other matters (including forecasts) which he considers to be related.

(2) Different directions may be given to bodies of the same description in different areas.

(3) A direction under this section may specify—

(a) the manner in which information is to be published;

(b) the occasions on which such publication is to be made ;and

(c) the form which such publication is to take.

(4) The bodies and descriptions of bodies mentioned in subsection (1) above are—

(a) development corporations established under the [1965 c. 59.] New Towns Act 1965 or the [1968 c. 16.] Near Towns (Scotland) Act 1968 ;

(b) the Commission for the New Towns;

(c) water authorities;

(d) urban development corporations within the meaning of Part XVI of this Act;

(e) Passenger Transport Executives established by orders under section 9 of the [1968 c. 73.] Transport Act 1968 or section 202 of the [1972 c. 70.] Local Government Act 1972;

(f) the London Transport Executive ; and

(g) district councils carrying on road passenger transport undertakings.

(5) In this section " the relevant Minister " means in relation—

(a) to the descriptions of bodies mentioned in subsection (4)(e) and (g) above, in the application of those paragraphs to England; and

(b) to the London Transport Executive,

the Minister of Transport.

(6) Subject to subsection (5) above, in this section "the relevant Minister " means the Secretary of State.

(7) A direction given to a district council under this section may only relate to its road passenger transport undertaking.

PART III Direct Labour Organisations

Works Contracts

5 Meaning of " works contract"

(1) Subject to subsection (2) below, in this Part of this Act " works contract" means a contract which is or comprises—

(a) an agreement (in this Part of this Act referred to as a " maintenance agreement") under—

(i) section 5(3)(c) of the [1963 c. 33.] London Government Act 1963 (agreements between Greater London Council and other London authorities for the carrying out of works of maintenance by one party in connection with land or buildings for the maintenance of which another party is responsible), or

(ii) section 1 of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970 (in this Part of this Act referred to as " the 1970 Act") (which provides for the carrying out by a local authority of such works of maintenance as are referred to in subsection (1)(d) of that section); or

(b) an agreement under section 18(4) of the London Government Act 1963 (agreements between Greater London Council and other London authorities with regard to metropolitan roads); or

(c) an agreement made by virtue of any other enactment (including a provision of a local Act) which provides for the carrying out by a local authority of any construction or maintenance work; and in this section " works authority ", in relation to a works contract, means the local authority or, if there is more than one, each of the local authorities, by whom construction or maintenance work is or is to be undertaken in pursuance of the contract.

(2) A contract is not a works contract by reason only that it is or comprises an agreement under which the functions of a Minister of the Crown or of any public body, within the meaning of the 1970 Act, fall to be discharged by a local authority, notwithstanding that, in the exercise of the functions, the local authority undertake construction or maintenance work.

(3) If and so far as the provision by a works authority of goods, materials, services, vehicles, plant or other equipment which is incidental to construction or maintenance work undertaken by that authority in pursuance of a works contract is the subject of a separate agreement, that agreement shall be treated as part of the works contract for the purposes of this Part of this Act.

6 Regulation of works contracts

(1) Except in so far as section 7 below otherwise provides, a local authority may enter into a works contract in such circumstances and on such terms, having regard to the duty imposed on them by section 16 below, as they consider appropriate.

(2) Notwithstanding anything in the 1970 Act or in any other enactment relating to such an agreement as is mentioned in section 5(1)(c) above, a body which is a public body within the meaning of the 1970 Act may not (whether as the works authority or as the body for whom any works are to be carried out) enter into a contract which in any respect contravenes any limitation imposed by section 7 below.

(3) In any case where—

(a) before the appointed day, and whether before or after the passing of this Act, a local authority entered into a maintenance agreement, and

(b) the circumstances in which or the terms on which the maintenance agreement was entered into are such that, having regard to section 7 below and to any regulations made under that section, it would not be lawful for them to enter into a similar agreement immediately after the appointed day,

then, at the expiry of the period of twelve months beginning on the appointed day, it shall cease to be lawful for the maintenance agreement to be carried out.

(4) Accordingly, if the maintenance agreement is governed by English law and the parties to it do not make other provision before the expiry of that period of twelve months, the [1943 c. 40.] Law Reform (Frustrated Contracts) Act 1943 shall apply to the maintenance agreement with effect from the expiry of that period.

7 Limitations on power to enter into works contracts

(1) A local authority may not—

(a) enter into a works contract whose value exceeds the prescribed amount unless they do so as the result of acceptance of a tender, or

(b) enter into a works contract whose value is equal to or less than the prescribed amount unless they have complied with such conditions as may be prescribed by regulations made by the Secretary of State.

(2) In this section " the prescribed amount" means an amount specified in regulations made by the Secretary of State.

(3) For the purposes of this Part of this Act an authority enter into a contract as the result of acceptance of a tender if—

(a) the contract was made by acceptance of an offer on their part to carry out the work in question; and

(b) they made the offer in response to an invitation to submit such offers; and

(c) the invitation was extended to at least three other persons.

(4) The Secretary of State may by regulations—

(a) direct the manner in which the value of a contract is to be determined for the purposes of this section; and

(b) specify descriptions of contract to which subsection (1) above is not to apply ; and

(c) specify for the purposes of subsection (3)(c) above a number of persons different from three.

(5) Without prejudice to the generality of subsection (4) above, regulations made by virtue of paragraph (a) of that subsection may direct that a number of contracts shall be treated as if they were one contract for the purpose of determining whether the prescribed amount is exceeded.

(6) Regulations under this section may make different provision in relation to different contracts and descriptions of contracts.

(7) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Functional work

8 Meaning of " functional work "

(1) Subject to subsection (2) below, in this Part of this Act "functional work" means construction or maintenance work undertaken by a local authority otherwise than under a works contract or by a development body, for the performance of, or in connection with—

(a) their functions; or

(b) their obligations under any arrangements, agreement or requirement made under any enactment and providing for the discharge by them of any functions of—

(i) a Minister of the Crown; or

(ii) a water authority; or

(iii) a local authority within the meaning of Part VI of the [1972 c. 70.] Local Government Act 1972; or

(iv) a regional, islands or district council; or

(v) a joint board within the meaning of section 235 of the [1973 c. 65.] Local Government (Scotland) Act 1973.

(2) Subject to subsection (3) below, where a local authority or development body carry out construction or maintenance work for the performance of, or in connection with, any of their functions or any of their obligations such as are referred to in subsection (1)(b) above by placing a contract for the doing of the work by another person (either directly or, in whole or in part, through sub-contractors) the work shall be treated as not being functional work.

(3) Subsection (2) above shall not apply to work done under a contract if that work is dependent upon, or incidental or preparatory to, other construction or maintenance work undertaken or to be undertaken by persons in the employment of the local authority or development body.

9 Regulation of functional work

(1) Subject to the following provisions of this section, a local authority or development body may undertake such functional work as they consider appropriate, having regard to the duty imposed by section 16 below.

(2) A local authority or development body may not undertake functional work of any description unless they have first prepared a written statement—

(a) of the amount which they will credit to their DLO revenue account in respect of carrying out the work or of carrying out work of that description which they intend or expect to carry out; or

(b) of a method by which they intend that the amount to be so credited shall be calculated.

(3) The Secretary of State may by regulations—

(a) specify descriptions of functional work which a local authority or development body may not undertake unless they have first complied with the conditions specified in subsection (4) below as well as with subsection (2) above; and

(b) specify conditions with which a local authority or development body must comply, as well as complying with subsection (2) above, before they undertake functional work of any other description.

(4) The conditions mentioned in subsection (3) (a) above are—

(a) that they have invited offers to undertake the work, in accordance with conditions specified by them, from at least three persons included in a list maintained by them of persons who are willing to undertake such work; and

(b) that they have furnished any statement which they are required to furnish in pursuance of subsection (8) below.

(5) The Secretary of State may by regulations specify for the purposes of subsection (4) (a) above a number of persons different from three.

(6) Where a local authority or development body are required to comply with the conditions specified in subsection (4) above, the written statement which they are required to prepare under subsection (2) above is a statement consistent with conditions corresponding to those specified in the invitation mentioned in subsection (4)(a) above.

(7) Where—

(a) a local authority or development body are required to comply with conditions specified in regulations made by virtue of subsection (3)(b) above; and

(b) the conditions require them to invite offers to undertake work,

the written statement which they are required to prepare under subsection (2) above is a statement consistent with conditions corresponding to those specified in the invitation.

(8) If any person requires a local authority or development body to do so, they shall furnish him with a written statement showing who is to undertake the work, its estimated cost and the price of each offer submitted to the local authority or development body in consequence of the invitation mentioned in subsection (4)(a) above.

(9) In subsection (8) above "estimated cost", in relation to any work, means—

(a) if the local authority or development body are to carry out the work themselves, its cost as estimated under subsection (2) above; and

(b) if any other person is to carry it out, the price for which he has contracted to carry it out.

(10) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Accounting Provisions

10 Accounts relating to construction or maintenance work

(1) Every local authority who undertake construction or maintenance work—

(a) under works contracts, or

(b) by way of functional work,

and every development body who undertake construction or maintenance work by way of functional work shall keep, in respect of each of the descriptions of such work specified in subsection (2) below—

(i) a revenue account (in this Act referred to as a " DLO revenue account"); and

(ii) such other accounts as may be directed by the Secretary of State.

(2) The descriptions of construction or maintenance work mentioned in subsection (1) above are—

(a) general highway works:

(b) works of new construction, other than general highway works,, the cost of which in the estimation of the authority or development body will exceed £50,000;

(c) works of new construction, other than general highway works, the cost of which in the estimation of the authority or development body will not exceed £50,000; and

(d) works of maintenance within the meaning of the 1970 -Act, other than such works of maintenance in connection with highways.

(3) In subsection (2) above "general highway works" means—

(a) construction and maintenance work for the purpose of the laying out, construction, improvement, maintenance or repair of highways, other than work for the purpose of the construction of highways which is connected with the carrying out of other works of new construction ; and

(b) the gritting of or clearing of snow from highways.

(4) The Secretary of State may by regulations—

(a) amend subsection (2) above ;

(b) specify descriptions of construction or maintenance work, in addition to the descriptions of such work specified in that subsection, as being descriptions of such work in respect of which a local authority or development body are to be under a duty to keep the accounts mentioned in subsection (1) above.

(5) A statutory instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section " works of new construction " means building or civil engineering works of any description which are not works of maintenance within the meaning of the 1970 Act.

11 Exemption from requirement to keep separate accounts under section 10

(1) Subsection (1) of section 10 above does not require a local authority or development body to keep—

(a) in respect of any description of construction or maintenance work specified in subsection (2) of that section ; or

(b) in respect of any description of such work specified in regulations under subsection (4) of that section,

accounts for any financial year separate from accounts kept for that year in respect of any other description of construction or maintenance work, if the local authority or development body did not at any one time in the previous financial year employ more than thirty persons, other than persons excluded by subsection (2) below, who were engaged (whether wholly or partly) in carrying out construction or maintenance work of that description.

(2) The persons excluded by this subsection are persons engaged wholly or mainly upon the design, development or control of construction or maintenance work.

(3) The Secretary of State may by order specify for the purposes of subsection (1) above a number of persons less than thirty.

(4) The power to make an order conferred by subsection (3) above shall be exercisable by statutory instrument.

(5) A statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

12 Contents of accounts relating to construction or maintenance work

(1) Subject to subsection (4) below, a local authority or development body may not credit any DLO revenue account in respect of the cost of carrying out any functional work with a sum in excess of the appropriate amount.

(2) Where they have prepared a written statement in accordance with section 9(2)(a) above, the appropriate amount is the amount specified in that statement.

(3) Where they have prepared a written statement in accordance with section 9(2)(b) above, the appropriate amount is an amount calculated in accordance with the method in that statement.

(4) Where the statement allowed for a variation in the appropriate amount in the event of changed circumstances, then if the circumstances arise (but not otherwise) the local authority or development body may credit the account with such sum as the statement allowed for in those circumstances.

(5) Subject to subsections (1) and (4) above, the Secretary of State may give directions—

(a) as to items which are to be included in accounts kept under section 10 above;

(b) as to the method of determining the amount of any item to be included in such accounts;

(c) as to the method of determining the cost of undertaking any construction or maintenance work ; and

(d) as to the extent to which the cost of providing professional, technical and administrative services for the purposes of or in connection with construction or maintenance work of any description is to be treated as part of the cost of undertaking such work of that description.

13 Annual balance sheet etc.

(1) Every local authority who in any financial year undertake construction or maintenance work, whether under works contracts or by way of functional work or both, and every development body who in any financial year undertake construction or maintenance work by way of functional work, shall prepare the documents mentioned in subsection (2) below not later than 30th September in the financial year following that year.

(2) The documents are—

(a) a balance sheet;

(b) a revenue account;

(c) a statement of rate of return.

(3) The balance sheet must show a true and fair view of the state of affairs of the local authority or development body, at the end of the financial year to which it relates, in respect of construction or maintenance work undertaken by them in that year.

(4) Subject to subsection (5) below, a revenue account must show a true and fair view of the financial result of the local authority or development body having undertaken, in the financial year to which it relates, each description of construction or maintenance work to which it relates.

(5) Where by virtue of setion 11 above a revenue account relates to more than one description of construction or maintenance work, subsection (4) above shall have effect as if it required the account to show a true and fair view of the combined financial result of the local authority or development body having undertaken, in the financial year to which the account relates, all the descriptions of construction or maintenance work to which it relates.

(6) A statement of rate of return must give such information as is necessary to show whether, in respect of the financial year to which it relates, the local authority or development body have complied with section 16(1) below.

14 Accounts under section 10 and other local authority accounts

(1) Sections 10, 12 and 13 above are without prejudice to the power of the Secretary of State to make regulations under section 166 of the [1972 c. 70.] Local Government Act 1972 or section 105 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (regulations relating to publication of information and the form, preparation, keeping and certification of accounts, etc.) relating to DLO revenue accounts and accounts required by directions under section 10(1)(ii) above.

(2) Notwithstanding anything in subsection (2) of section 2 of the 1970 Act (local authorities, within the meaning of that Act, to keep a separate account in respect of agreements under section 1), a local authority shall not be required by that subsection to keep a separate account in respect of any agreement under section 1 of that Act which provides for the carrying out of such works of maintenance as are referred to in subsection (1)(d) of that section.

Financial provisions

15 Payment for construction or maintenance work undertaken in pursuance of delegated functions etc.

(1) Where a local authority or development body undertake construction or maintenance work which is functional work by virtue of paragraph (b) of section 8(1) above, they shall be entitled notwithstanding anything in any enactment or in the arrangements or agreement referred to in that paragraph, to a payment in respect of undertaking that work equal to the amount which, in accordance with this Part of this Act, would be credited to the DLO revenue account kept by them in respect of work of that description if the work so undertaken were functional work by virtue of paragraph (a) of that subsection.

(2) Subject to subsection (3) below, nothing in subsection (1) above applies to functional work undertaken in pursuance of an arrangement or agreement entered into before the appointed day.

(3) If an arrangement or agreement entered into before the appointed day provides for the delegation of a function for an indefinite period or for a period terminable by the parties to it or by either or any of them, this section shall apply to work undertaken in pursuance of the arrangement or agreement in the first financial year which begins after the appointed day and in subsequent financial years.

16 General financial duty: treatment of deficits

(1) Every local authority or development body who undertake construction or maintenance work—

(a) of any of the descriptions specified in subsection (2) of section 10 above; or

(b) of any description specified by regulations under subsection (4) of that section,

whether under works contracts or by way of functional work or both, shall secure that, in respect of each financial year, their revenue from work of that description shows such positive rate of return on the capital employed for the purpose of carrying out the work as the Secretary of State may direct.

(2) Subject to subsection (3) below, the rate of return on capital employed shall be determined for the purposes of this section by such method as the Secretary of State may direct.

(3) The rate of return shall in all cases be determined on a current cost accounting basis.

(4) If at the end of any financial year any DLO revenue account of a local authority or development body is in deficit, the amount of the deficit shall be charged—

(a) in the first instance to any DLO reserve fund established by them; and

(b) subject thereto—

(i) in the case of a local authority in England or Wales, to their rate fund; and

(ii) in the case of a local authority in Scotland or a development body, to their general fund.

(5) In subsection (4) above, the reference in paragraph (a) to a DLO reserve fund established by a local authority or development body is a reference to a fund the sole purpose of which is to meet any expenditure incurred by them in connection with construction or maintenance work undertaken by them, whether under works contracts or by way of functional work.

(6) In subsection (4)(b) above " rate fund"—

(a) (in relation to the Greater London Council, means any fund for which a precept is issued;

(b) in relation to the Common Council of the City of London and the Council of the Isles of Scilly, means the general rate; and

(c) in relation to any other local authority, means the county fund or general rate fund.

17 Rates of return: powers of Secretary of State

(1) If in respect of any financial year the rate of return shown on the capital employed by a local authority or development body for the purpose of carrying out construction or maintenance work—

(a) of any of the descriptions specified in subsection (2) of section 10 above ; or

(b) of any description specified in regulations under subsection (4) of that section,

as determined under section 16 above, is less than the rate for the time being required under section 16(1) above they shall notify the Secretary of State of that fact not later than the expiration of 6 months from the end of that financial year.

(2) Subject to subsection (7) below, if by virtue of subsection (1) above a local authority or development body come under a duty to give a notification to the Secretary of State in respect of the same description of construction or maintenance work in each of three consecutive financial years, they shall prepare a report in respect of that description of work.

(3) It shall be the duty of the local authority or development body

(a) to consider any report prepared under subsection (2) above; and

(b) to send a copy to the Secretary of State.

(4) The Secretary of State shall have power at any time, if he thinks fit, to direct a local authority or development body to make and submit to him, within such time as he may specify in the direction, a special report—

(a) on all the construction or maintenance work undertaken by them during the three years preceding the date of the direction; or

(b) on the work of any of the descriptions specified in subsection (2) of section 10 above or of any description specified in regulations under subsection (4) of that section which they have undertaken during that period.

(5) If—

(a) the Secretary of State has given a direction under subsection (4) above; and

(b) either—

(i) he has received a special report within the time specified in the direction; or

(ii) he has not received a report within that time,

he may direct that, with effect from such date as may be specified in the direction, the local authority or development body to whom the direction under subsection (4) above related shall cease to have power to undertake construction or maintenance work or any description of such work, whether under works contracts or by way of functional work.

(6) A direction under subsection (5) above may provide that the authority or body to whom it relates shall cease to have any power such as is mentioned in that subsection—

(a) during a period specified in the direction; or

(b) until such conditions as the Secretary of State may specify in the direction are satisfied; or

(c) without specifying a period or conditions.

(7) A local authority or development body need not notify the Secretary of State under subsection (1) above or prepare a report under subsection (2) above—

(a) if the Secretary of State has directed under subsection (5) above that they should cease to have power to undertake construction or maintenance work or a description of such work ; and

(b) if it is only in respect of work to which that direction relates that a required rate of return was not shown.

(8) If the Secretary of State directs that a local authority or development body shall cease to have power to undertake construction or maintenance work of any description, the direction shall have effect notwithstanding any enactment by virtue of which they are required or authorised to discharge a function conferred on some other public authority or body.

(9) If, at any time after a direction has been given under subsection (5) above with respect to a local authority or development body, it appears to the Secretary of State that within any particular time the authority or body would, apart from the direction, be able to undertake any description of construction or maintenance work which they are no longer empowered to undertake in such a manner that they would comply with section 16(1) above, he may direct that they shall have power to undertake that description of work from a date specified in the direction.

(10) A direction under subsection (9) above may impose such conditions on the resumption of construction or maintenance work by a local authority or development body as the Secretary of State considers appropriate.

(11) A direction under this section may contain such transitional and consequential provisions as the Secretary of State considers appropriate including, in particular, in the case of a direction under subsection (5), provisions with respect to construction or maintenance work which is in progress and works contracts under which commitments are outstanding immediately before the date on which the direction takes effect.

Supplementary

18 Annual reports on construction or maintenance work

(1) Every local authority who in any financial year undertake construction or maintenance work, whether under works contracts or by way of functional work or both, and every development body who in any financial year undertake construction or maintenance work by way of functional work shall prepare a report in accordance with subsection (2) below on the construction or maintenance work undertaken by them during that financial year.

(2) A report under this section shall be prepared not later than 30th September in the financial year following that to which it relates and shall include such information as the Secretary of State may direct relating to construction or maintenance work of any description specified in subsection (2) of section 10 above or in regulations under subsection (4) of that section.

(3) Any person may inspect a report of a local authority or development body under this section and shall be supplied with a copy of the report by the authority or body on payment of such charge for a copy as they may reasonably require.

(4) A local authority or development body shall publish in at least one newspaper circulating in their area notice—

(a) of the place where and the time when any report under this section may be inspected;

(b) of the fact that copies of the report are available for supply to any person requiring them; and

(c) of the charge for each such copy.

19 Application to joint committees

(1) Where two or more local authorities arrange for the discharge by a joint committee of theirs of any of their functions under any enactment not contained in this Part of this Act, this Part of this Act shall have effect as if any reference in it to a local authority other than the reference in section 16(4)(b) above, included a reference to the joint committee.

(2) Notwithstanding anything in any enactment, a joint committee appointed by two or more local authorities may not at any time undertake construction or maintenance work—

(a) under works contracts, or

(b) by way of functional work,

unless arrangements are in force at that time providing for the proportions in which they are to meet any deficit in any DLO revenue account of the joint committee.

(3) In relation to any DLO revenue account of a joint committee, section 16(4)(b) above shall have effect as if the reference to the rate fund were a reference to the rate funds of the authorities by which the joint committee was appointed.

(4) Where, by virtue of section 16(4)(b) and subsection (3) above, an amount falls to be charged to the rate funds of two or more authorities, the amount to be charged to each of those rate funds shall be determined in accordance with the arrangements referred to in subsection (2) above.

General

20 Interpretation of Part III

(1) In this Part of this Act—

• "appointed day" shall be construed in accordance with section 23 below;

• " construction or maintenance work " means, subject to subsections (2) and (3) below—

  (a)

  building or engineering work involved in the construction, improvement, maintenance or repair of buildings and other structures or in the laying out, construction, improvement, maintenance or repair of highways and other land, and

  (b)

  the gritting of or clearing of snow from highways ;

• " development body " means—

  (a)

  in relation to England and Wales—

  (i)

  the Commission for the New Towns;

  (ii)

  a development corporation established under the [1965 c. 59.] New Towns Act 1965 ; and

  (iii)

  the Development Board for Rural Wales;

  (b)

  in relation to Scotland—

  (i)

  any body established under section 3 or 5 of the [1967 c. 78.] Water (Scotland) Act 1967 ;

  (ii)

  a development corporation established under the [1968 c. 16.] New Towns (Scotland) Act 1968; and

  (iii)

  the Scottish Special Housing Association;

  (c)

  in relation to England and Wales and to Scotland, an urban development corporation established under this Act;

• "DLO revenue account" has the meaning assigned to it by section 10(1) above ;

• " functional work " shall be construed in accordance with section 8 above;

• " local authority " means—

  (a)

  in relation to England and Wales, a county council, the Greater London Council, a district council, a London borough council or the Common Council of the City of London and the Council of tile Isles of Stilly ;

  (b)

  in relation to Scotland, a regional, islands or district council;

• " works contract" has the meaning assigned to it by subsection (1) of section 5 above ; and

• " the 1970 Act" has the meaning assigned to it by paragraph (a) of that subsection.

(2) Notwithstanding anything in subsection (1) above, in this Act " construction or maintenance work " does not include—

(a) work relating to parks, gardens, playing fields, open spaces or allotments, except to the extent that the work relates to a building or structure; or

(b) the routine maintenance of a specific building or structure or of specific buildings or structures by a person employed wholly or mainly for that purpose;

and a person shall be treated as employed mainly for the purpose referred to in paragraph (b) above If he is employed for that purpose and also to do security work or cleaning work in relation to the building or buildings or structure or structures concerned.

(3) Notwithstanding anything in subsection (1) above, in this Act " construction or maintenance work " does not include work undertaken by a local authority authorised by any enactment to carry on a dock or harbour undertaking if that work is undertaken for the purposes of or in connection with that undertaking.

21 Exemption of small direct labour organisations from requirements of Part III

(1) This Part of this Act does not apply to a local authority or development body in any year if they did not in the previous year at any one time employ more than thirty persons, other than persons excluded by subsection (2) below, who were engaged (whether wholly or partly) in carrying out construction or maintenance work.

(2) The persons excluded by this subsection are persons engaged wholly or mainly upon the design, development or control of construction or maintenance work.

(3) The Secretary of State may by order specify for the purposes of subsection (1) above a number of persons less than thirty.

(4) The power to make an order conferred by subsection (3) above shall be exercisable by statutory instrument.

(5) A statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) The Secretary of State may direct that this Part of this Act shall not apply to a local authority or development body in any year if he is satisfied that the only reason why it would apply to that authority or body is that at some time in the previous year the number of their employees engaged in construction or maintenance work exceeded the relevant number because it was necessary to exceed that number in order to carry out urgent construction or maintenance work whose necessity could not reasonably have been foreseen by the authority or body.

(7) In subsection (6) above " the relevant number" means thirty or such lesser number as may for the time being be specified for the purposes of subsection (1) above.

22 Consequential repeal or amendment of local statutory provisions

(1) The Secretary of State may by order—

(a) repeal any provision of a local Act passed before or in the same Session as this Act or of an order or other instrument made under or confirmed by any Act so passed if it appears to him that the provision is inconsistent with or has become unnecessary in consequence of any provision of this Part of this Act; and

(b) amend any provision of such a local Act, order or instrument if it appears to him that the provision requires amendment in consequence of any provision contained in this Part of this Act or any repeal made by virtue of paragraph (a) above.

(2) An order under subsection (1) above may contain such incidental or transitional provisions as the Secretary of State considers appropriate in connection with the order.

(3) It shall be the duty of the Secretary of State, before he makes an order under subsection (1) above repealing or amending any provision of a local Act, to consult each local authority which he considers would be affected by the repeal or amendment of that provision.

(4) A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

23 Part III-supplementary

(1) 'Any power to make regulations or give directions conferred by this Part of this Act includes power to make different provision in relation to local authorities or development bodies in England, in Wales and in Scotland.

(2) Any power to make regulations conferred by this Part of this Act shall be exercisable by statutory instrument.

(3) This Part of this Act, except this section, shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes; and any reference in any provision of this Part of this Act to the appointed day is a reference to the day appointed under this section for the coming into operation of that provision or, if different days are so appointed for different purposes of that provision, the first day so appointed.

PART IV Local Government Allowances

24 Right of councillor to opt for financial loss allowance

(1) In section 173 of the [1972 c. 70.] Local Government Act 1972 (attendance allowance and financial loss allowance) at the end of subsection (1) (right of member of local authority who is a councillor to receive attendance allowance) there shall be added the words " unless a notice under section 173 A below is effective in relation to him ".

(2) The following section shall be inserted after that section: —

“173A Right to opt for financial loss allowance.

(1) If a councillor gives notice in writing to the local authority of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled.

(2) A notice under this section is referred to in this section as a "financial loss allowance notice ".

(3) If a councillor gives a financial loss allowance notice to the local authority not later than the end of the period of four weeks from his election as a member of the authority, he shall be entitled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after the giving of the notice.

(4) If a councillor who has not given the local authority a financial loss allowance notice in accordance with subsection (3) above gives them such a notice not less than three months before the beginning of a financial year, he shall be entitled to receive financial loss allowance for the performance of any approved duty performed not earlier than the beginning of that financial year.

(5) A financial loss allowance notice shall continue to have effect until the councillor ceases to be a member of the local authority or until a notice under subsection (6) below takes effect, whichever occurs first.

(6) If not less than three months before the beginning of a financial year a councillor who has given the local authority of which he is a member a financial loss allowance notice gives them notice in writing that he withdraws that notice, he shall be entitled to receive payments by way of attendance allowance, instead of financial loss allowance, for the performance of any approved duty after the beginning of the financial year following the giving of the notice.”.

(3) This section does not extend to Scotland.

25 Amendments relating to allowances to members of local authorities and other bodies

(1) In subsection (1) of section 174 of the [1972 c. 70.] Local Government Act 1972 (by virtue of which travelling and subsistence allowances are payable to members of local authorities and other bodies but the Secretary of State has power to specify maximum rates in the case of travel for the purpose of an approved duty within the United Kingdom) and in subsection (1) of section 46 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (which makes similar provision for Scotland) after the word " travel" there shall be inserted the words " or subsistence ".

(2) Subsection (3) of the said section 174 (by virtue of which subsistence allowance is not payable to a member of a body except in respect of a duty performed at a distance of more than three miles from his usual place of residence) and subsection (2) of the said section 46 (which makes similar provision for Scotland) shall cease to have effect.

(3) The following subsections shall be inserted after section 175(3) of the said Act of 1972: —

“(3A) In relation to a water authority this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the persons for whom they provide their services or any of those persons.

(3B) In relation to any such body as is mentioned in section 177(1)(d) or (e) below this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body's opinion relate—

(a) to the functions of the body; or

(b) to any functions of local authorities in which the body has an interest.”.

(4) In section 177(1) of that Act (which specifies the bodies to whom sections 173 to 176, which relate to allowances, apply) the following paragraph shall be inserted after paragraph (a):

“(aa) water authorities ;”.

(5) The following subsection shall be inserted after section 47(3) of the said Act of 1973: —

“(3A) In relation to any such body as is mentioned in section 49(1)(c) or (d) below this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body's opinion relate—

(a) to the functions of the body; or

(b) to any functions of local authorities in which the body has an interest.”.

26 Introduction of special responsibility allowances for members of local authorities

(1) The following section shall be inserted after section 177 of the [1972 c. 70.] Local Government Act 1972:

“177A Special responsibility allowances for members of principal councils.

(1) Subject to regulations under subsection (3) below, a principal council may pay any member of the council who is a councillor an allowance, in addition to any allowance under sections 173, 174 or 175 above, if they are satisfied that he has special responsibilities in relation to the discharge of the functions of the council.

(2) Subject to regulations under subsection (3) below, the Greater London Council may pay any member of the Inner London Education Authority an allowance in addition to any allowance under sections 173, 174 or 175 above, if they are satisfied that he has special responsibilities in relation- to the discharge of the functions of the Authority.

(3) The Secretary of State may make regulations specifying—

(a) rates which allowances under this section are not to exceed ; and

(b) the total amount which a principal council may pay under this section in a financial year.

(4) Regulations under subsection (3) above may apply

(a) to principal councils in general; or

(b) to any particular principal council specified in the regulations ; or

(c) to any class of principal councils so specified.”.

(2) In section 178 of that Act (regulations as to allowances)—

(a) after the word " 176 " there shall be inserted the words " and 177A " ; and

(b) in subsection (2), for the words "or 177 " there shall be substituted the words " 177 or 177A ".

(3) The following section shall be inserted after section 9 of the [1973 c. 65.] Local Government (Scotland) Act 1973: —

“49A Special responsibility allowances for members of local authorities.

(1) Subject" to regulations under subsection (2) below, a local authority may pay any member of the authority who is a councillor an allowance, in addition to any allowance under sections 45,46 or 47 above, if they are satisfied that he has special responsibilities in relation to the discharge of the functions of the authority.

(2) The Secretary of State may make regulations specifying—

(a) rates which allowances under this section are not to exceed ; and

(b) the total amount which a local authority may pay under this section in a financial year.

(3) Regulations under subsection (2) above may apply—

(a) to local authorities in general; or

(b) to any particular local authority specified in the regulations; or

(c) to any class of local authorities so specified.”.

(4) In section 50 of that Act (regulations as to allowances)—

(a) after the word " 48 " there shall be inserted the words " and 49A ";

(b) in subsection (2), for the words " or 49 " there shall be substituted the words " 49 or 49A ".

27 Vice-chairmen of councils in Scotland and application of Part IV to Scotland

(1) The following section shall be inserted after section 3 of the [1973 c. 65.] Local Government (Scotland) Act 1973: —

“3A Vice-chairman.

(1) A council may appoint a member of the council to be vice-chairman of the council.

(2) The vice-chairman shall hold office until the expiry of the term of office of the council.

(3) A person holding the office of vice-chairman shall be eligible for re-election as vice-chairman but shall cease to hold that office upon ceasing to be a councillor.

(4) Subject to any standing order made by a council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(5) A council may pay the vice-chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable.”.

(2) Section 24 above does not extend to Scotland, and this section extends to Scotland only.

PART V Rates

Valuation

28 New valuation lists

In section 68 of the [1967 c. 9.] General Rate Act 1967 (" the 1967 Act") the following shall be substituted for subsection (1) (new valuation lists to be prepared every 5 years)—

“(1) In the case of each rating area, new valuation lists shall be prepared and made by the valuation officer so as to come into force on 1st April in such year as the Secretary of State may by order from time to time specify.

(1A) An order under this section shall have no effect until approved by resolution of each House of Parliament.”.

29 Ascertainment of rateable value of non-industrial buildings

(1) In section 19 of the 1967 Act in subsection (2) (ascertainment of rateable value of houses and other non-industrial buildings) for the words from " consisting" to " other land " there shall be substituted the words " which is a dwelling-house, a private garage or private storage premises. ".

(2) In subsection (6) of that section the definition of “house " shall be omitted and at the end of the subsection there shall be added—

• “' private garage ' means a building having a floor area not exceeding 25 square metres which is used wholly or mainly for the accommodation of a motor vehicle (and for this purpose ' building' includes part of a building);

• ' private storage premises ' means a hereditament which is used wholly in connection with a dwelling-house or dwelling-houses and wholly or mainly for the storage of articles of domestic use (including bicycles and similar vehicles) belonging to persons residing there”.

(3) After subsection (6) of that section there shall be added—

“(7) For the purposes of this section a hereditament that is not in use shall nevertheless be treated as a dwelling-house, a private garage or private storage premises if it appears that, when next in use, it will be a hereditament of that description.”.

(4) The Secretary of State may by regulations make a scheme for the purpose of giving transitional relief, in such manner, in such cases and subject to such conditions as may be prescribed by the regulations, to persons liable to rates in respect of hereditaments of which the net annual values are, in consequence of this section, ascertained in accordance with section 19(3) of the 1967 Act instead of in accordance with section 19(2); and a scheme may make different provision for different cases and for different rate periods.

(5) The power to make regulations under subsection (4) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

30 Valuation and adjusted valuation

(1) After section 19 of the 1967 Act there shall be inserted—

“19A Time by reference to which valuations to be made.

(1) Any net annual value to be ascribed to a specified hereditament under section 19 of this Act in a new valuation list coming into force on 1st April in any year shall be ascertained by reference to such earlier time as the Secretary of State may by order specify, but on the assumptions set out in subsection (2) below.

(2) The assumptions referred to in subsection (1) above are that at the time specified in the order—

(a) the hereditament was subsisting in the same state as at the time when the list comes into force;

(b) any relevant factors (as defined in section 20(2) of this Act) were those subsisting at the time when the list comes into force; and

(c) the locality in which the hereditament is situated was in the same state, so far as concerns the other premises situated in that locality and the occupation and use of those premises, the transport services and other facilities available in the locality, and other matters affecting the amenities of the locality, as at the time when the list comes into force.

(3) Where an order under subsection (1) above operates for any year, any net annual value to be ascribed to an unspecified hereditament in the new valuation list coming into force on 1st April in that year—

(a) shall be the same value as was ascribed to the hereditament in the old list, that is, the valuation list in force immediately before the coming into force of the new valuation list, or

(b) (if no such value was ascribed) shall be the value which would properly be ascribed to the hereditament if the old list were still in force and were altered in pursuance of a proposal made on the date of the new valuation list coming into force.

(4) In this section " specified hereditament" means a hereditament of such a class as may be specified in the order under subsection (1) above and " unspecified hereditament" means a hereditament not of such a class.

(5) This section does not apply to a hereditament which is occupied by a public utility undertaking and of which the value falls to be ascertained on the profits basis.

(6) An order under this section shall have effect for the purposes of all lists coming into force on the 1st April to which the order relates.

(7) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

19B Adjusted rateable values.

(1) In a case where the Secretary of State so provides by order in relation to a new valuation list to come into force on 1st April in any year, the rateable value of a specified hereditament or of an unspecified hereditament (depending on which the order provides) shall be arrived at by taking, instead of the net annual value, that value as adjusted by a method prescribed in the order.

(2) Any method so prescribed shall be such as in the Secretary of State's opinion will preserve the ratio which he estimates will exist, immediately before the coming into force of the new valuation list, between the rateable values of specified hereditaments in England and Wales as a whole and the rateable values of unspecified hereditaments in England and Wales as a whole.

(3) Before prescribing a method, the Secretary of State shall consult—

(a) such associations of local authorities, as appear to him to be concerned; and

(b) any local authority, and any other body of persons, with whom consultation appears to him to be desirable.

(4) In this section " specified hereditament" and " unspecified hereditament" have the same meanings as in section 19A of this Act.

(5) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

(2) In section 20(1) of the 1967 Act (valuation according to tone of list) for the words " the year before that in which the valuation list came into force " there shall be substituted the words " the relevant year ".

(3) After section 20(1) of the 1967 Act there shall be inserted: —

“(1A) Subject to subsection (1B) of this section, in subsection (1) of this section 'the relevant year' means the year before that in which the valuation list came into force.

(1B) Where an order under section 19A(1) of this Act operates for any year, then, in relation to a hereditament which is an unspecified hereditament within the meaning of that section, in subsection (1) of this section ' the relevant year' means—

(a) the year before that in which there came into force the last valuation list in which the net annual value ascribed to the hereditament was ascertained in accordance with section 19 of this Act, or

(b) (if no net annual value, ascertained in accordance with section 19 of this Act, has been ascribed to the hereditament) the year before that in which there came into force the last valuation list in which a net annual value, ascertained in accordance with section 19 of this Act, would have been ascribed to the hereditament if it had been subsisting on 1st April 1973.”.

Fish Farms

31 Rating exemption for fish farms in England and Wales

After section 26 of the 1967 Act there shall be inserted—

“26A Fish farms.

(1) Neither of the following—

(a) land;

(b) buildings (other than dwellings),

shall be liable to rates or to be included in any valuation list or in any rate if used solely for or in connection with fish farming.

(2) The gross value for the purposes of section 19(2) of this Act of a house occupied in connection with land or buildings used solely for or in connection with fish farming and used as the dwelling of a person who—

(a) is primarily engaged in carrying on or directing fish farming operations on that land or in those buildings ; or

(b) is employed in fish farming operations on that land or in those buildings in the service of the occupier thereof and is entitled, whether as tenant or otherwise, so to use the house only while so employed,

shall, so long as the house is so occupied and used, be estimated by reference to the rent at which the house might reasonably be expected to let from year to year if it could not be occupied and used otherwise than as mentioned in this subsection or in section 26(2) of this Act.

(3) In determining for the purposes of this section whether land or a building used for or in connection with fish farming is solely so used no account shall be taken of any time during which it is used in any other way, if that time does not amount to a substantial part of the time during which the land or building is used for or in connection with fish farming.

(4) In this section—

• " building " includes a separate part of a building; and

• " fish farming" means the breeding or rearing of fish or the cultivation of shellfish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for transfer to other waters but does not include the breeding, rearing or cultivation of any fish or shellfish—

  (a)

  which are purely ornamental, or

  (b)

  which are bred, reared or cultivated for exhibition.”.

32 Rating exemption for fish farms in Scotland

After section 7 of the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956 there shall be inserted—

“7A Provisions relating to lands and heritages used for fish farming and dwelling houses occupied in connection therewith.

(1) For the purpose of any valuation roll in force for the year 1981-82 or any subsequent year or for the making up of any valuation roll for any subsequent year the following provisions of this section shall have effect regarding lands and heritages to which this section applies and dwelling-houses occupied in connection therewith.

(2) This section applies to—

(a) lands and heritages (other than dwelling houses) used solely for or in connection with fish farming; and

(b) lands and heritages consisting of—

(i) one or more buildings (other than dwelling-houses) used solely for or in connection with fish farming; or

(ii) any land occupied together with and used solely in connection with the use of such building or buildings.

(3) No lands and heritages to which this section applies shall be entered in the valuation roll, and any reference in any enactment to the person appearing from the valuation roll to be the owner or the occupier of any lands and heritages shall on and after the first day of April nineteen hundred and eighty-one, have effect in the case of lands and heritages to which this section applies as if the reference to the valuation roll were omitted.

(4) Subsections (5) to (8) of section 7 of this Act shall have effect in relation to the gross annual value of any dwelling-house which—

(a) is occupied in connection with lands and heritages to which this section applies; and

(b) is used as the dwelling-house of a person engaged primarily in carrying on or directing fish farming operations on these lands and heritages or employed in connection with fish farming thereon; and

(c) is suitable in character and size for such use in connection with those lands and heritages

as they have in relation to the gross annual value of any dwelling-house referred to in subsection (4) of that section, and in that connection any reference in the said subsections (5) to (8) to agricultural lands and heritages shall be construed as a reference to lands and heritages to which this section applies.

(5) Where part of lands and heritages consists of one or more buildings or one or more parts of buildings (being a part of lands and heritages which is used for such a purpose that if it were in separate occupation it would be lands and heritages to which this section applies), then that part of the lands and heritages and the remainder shall each be treated as respects the year 1981-82 and subsequent years for the purposes of the Valuation Acts as if it were lands and heritages in separate occupation.

(6) In subsection (5) above, any reference to a building or part of a building shall be construed as including a reference to land occupied together with and used solely in connection with the use of such building or part.

(7) In determining for the purposes of this section whether during any year a building used for or in connection with fish farming is solely so used, no account shall be taken of any time in that year during which it is used in any other way, if that time does not amount to a substantial part of that year.

(8) In this section—

• " fish farming " means the breeding or rearing of fish or the cultivation of shellfish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for transfer to other waters but does not include the breeding, rearing or cultivation of any fish or shellfish—

  (a)

  which are purely ornamental, or

  (b)

  which are bred, reared or cultivated for exhibition.”.

Reliefs

33 Domestic rate relief

(1) Section 48 of the 1967 Act shall be amended as-follows.

(2) For subsections (1) and (1A) there shall be substituted—

“(1) Every rating authority shall reduce the amount which, apart from this subsection, would be the amount of the rate levied by the authority for any year on any domestic or mixed hereditament in their area by the following amount in the pound—

(a) in the case of a domestic hereditament, the standard amount;

(b) in the case of a mixed hereditament in respect of which the proportion mentioned in subsection (5) of this section is greater than one half, one half of the standard amount;

(c) in the case of a mixed hereditament in respect of which that proportion is greater than one quarter but not greater than one half, one quarter of the standard amount;

(d) in the case of any other mixed hereditament, one eighth of the standard amount.

(1A) In subsection (1) of this section "the standard amount" means—

(a) the amount prescribed for the year for the rating; authority's area under paragraph 5 of Schedule 2 to the Local Government Act 1974 ; or

(b) the amount specified for that year for their area in a Rate Support Grant Report under section 60 of the Local Government, Planning and Land Act 1980.

(1B) The amounts in the pound to be determined under paragraphs (b), (c) and (d) of subsection (1) of this section shall be calculated to the nearest one tenth of a new penny (one half of one tenth being treated as less than one half).”.

(3) In subsection (2) for the words from "dwelling-houses" to the end there shall be substituted the words " hereditaments within each of the paragraphs of subsection (1) of this section is equal to the amount provided for by that paragraph ".

(4) In subsection (3) for the word " dwelling-house " there shall be substituted the words " domestic hereditament ".

(5) After subsection (4) there shall be inserted—

“(4A) In this section " domestic hereditament" means a hereditament which is—

(a) a dwelling-house ; or

(b) a hereditament of an area not exceeding 25 square metres which is used wholly or mainly for the accommodation of a motor vehicle, other than a hereditament which—

(i) forms part of premises in which a business of providing services for motor vehicles is carried on, or

(ii) is provided by the keeper of a hotel, inn, guest-house or boarding-house and used wholly or mainly for the motor vehicles of his guests, or

(iii) is used for the accommodation of a motor vehicle for the time being chargeable with duty under Schedule 2, 3 or 4 to the Vehicles (Excise) Act 1971 (hackney carriages, tractors and goods vehicles) whether it is also used for any other vehicle or not; or

(c) private storage premises within the meaning of section 19 of this Act.”.

(6) In subsection (5)—

(a) for the word " dwelling-house " there shall be substituted the words " domestic hereditament " ; and

(b) for the words " the proportion thereof attributable to the part used for other purposes " there shall be substituted the words " one eighth ".

(7) In subsection (6)—

(a) for the word " proportions " there shall be substituted the word " proportion " ; and

(b) for the words from " refusal " to " purposes of this section " there shall be substituted the words " view taken by the rating authority ".

34 Payment by instalments

(1) In section 50 of the 1967 Act—

(a) in subsection (1) for the words from "and resides" to " and (b)" there shall be substituted the words " a hereditament which ";

(b) subsection (2) shall cease to have effect; and

(c) after subsection (4) there shall be inserted—

“(5) This section shall not extend to a hereditament (not being a domestic hereditament) whose rateable value is less than a prescribed sum or is more than another prescribed sum.

(6) In subsection (5) of this section ' domestic hereditament ' means a hereditament which either is a dwelling-house or (though not a dwelling-house) is within the meaning of section 115(3) of this Act used mainly for the purposes of a private dwelling or private dwellings, and ' prescribed' means prescribed by order of the Secretary of State.

(7) The power to prescribe sums conferred by this section includes power to prescribe larger sums in relation to hereditaments in Greater London than in relation to hereditaments elsewhere.”.

(2) In section 96(2) of that Act for the words " those rates shall be recoverable only " there shall be substituted the words " in any year, those rates shall not be recoverable before the end of the year except ".

(3) In Schedule 10 to that Act for paragraph 1 there shall be substituted—

“1 (1) A notice by any person under section 50(1) of this Act may be given at any time not earlier than 1st February preceding the beginning of a year and not later than the latest of—

(a) 30th April in that year;

(b) the twenty-eighth day after the first occasion on which a demand note for rates in respect of that year (or part of it) is served on him in respect of the hereditament in question;

(c) in a year in which he first becomes qualified to serve such a notice in respect of the hereditament in question, the twenty-eighth day after he first became so qualified.

(2) Subject to sub-paragraph (3) below, the effective date of a notice given under section 50(1) of this Act by any person shall be the date on which it is given or, if later, the date of the first occasion on which a demand note for rates in respect of the year (or part of the year) in which the notice is given is served on him.

(3) Where the effective date of notice would, under the provisions of sub-paragraph (2) of this paragraph, fall within the last three months of a rate period, it shall instead be the first day of the following rate period.”.

(4) Paragraph 2 of that Schedule shall cease to have effect.

(5) In paragraph 5(c) of that Schedule—

(a) the words from "(apart" to "this Act)" shall be omitted; and

(b) after the word "accordingly" there shall be inserted the words " and may take account of any rebate granted in respect of the rates ".

Recovery of rates

35 Recovery of rates pending settlement

At the end of section 8 of the 1967 Act (which provides that in certain cases the amount recoverable pending settlement of a proposal to alter a new list shall not exceed the amount last levied increased by half the difference between that amount and the amount of the new charge) there shall be added—

“(4) The Secretary of State may by order provide—

(a) for subsection (1) of this section to have effect as if a reference to a fraction specified in the order were substituted for the reference to a half (or to a fraction specified in a previous order): or

(b) for the maximum amount that is recoverable by virtue of that subsection to be the greater of—

(i) an amount calculated in accordance with the provisions of that subsection (as modified by any provision made by virtue of paragraph (a) above), and

(ii) an amount equal to a percentage specified in the order of the amount that would be recoverable apart from that subsection ;

and an order under this subsection may prescribe larger fractions or percentages in relation to different years, rating areas or classes of hereditament.

(5) An order under subsection (4) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

36 Rating of owners and occupiers

(1) Section 55 of the 1967 Act (allowance where owner rated instead of occupier) shall be amended as follows.

(2) In subsection (2) for the words "ten per cent, of the amount payable " there shall be substituted the words " such proportion of the amount payable as the rating authority may by resolution determine ".

(3) After subsection (2) there shall be inserted—

“(2A) The proportion determined must be the same for all hereditaments which are in the area of the authority and to which a direction under this section applies.

(2B) A proportion determined shall have effect for the rate period after that in which the determination is made and (subject to subsection (2C) of this section) for each subsequent one.

(2C) A proportion may be varied by a further determination and subsection (2B) of this section shall then apply.

(2D) Until an initial determination made by an authority under subsection (2) of this section has effect, the allowance shall be one equal to ten per cent, of the amount payable.”.

(4) Section 56 of the 1967 Act (allowance where owner of rented hereditaments undertakes to pay or collect rates) shall be amended as follows.

(5) In subsection (1) for the words from "not exceeding" to the end there shall be substituted the words " equal to such proportion of the rates chargeable or due as the rating authority may by resolution determine ".

(6) After subsection (1) there shall be inserted—

“(1A) The proportion determined must be the same for all owners who make an agreement with the rating authority under each paragraph of subsection (1) of this section, but different proportions may be determined for the purposes of different paragraphs.

(1B) A proportion determined for any paragraph shall have effect for the rate period after that in which the determination is made and (subject to subsection (1C) of this section) for each subsequent one.

(1C) A proportion may be varied by a further determination for any paragraph, and subsection (1B) of this section shall then apply.

(1D) Until an initial determination is made for subsection (1)(a) of this section, the allowance in the case of an undertaking under paragraph (a) shall be one not exceeding ten per cent.

(1E) Until an initial determination is made for subsection (1)(b) of this section, the allowance in the case of an undertaking under paragraph (b) shall be one not exceeding seven and a half per cent.

(1F) Until an initial determination is made for subsection (1)(c) of this section, the allowance in the case of an undertaking under paragraph (c) shall be one not exceeding five per cent.”.

37 Recovery of rates from owners

(1) For section 60 of the 1967 Act (owner's liability for rates where occupier entitled to diplomatic immunity) there shall be substituted—

“60 Recovery of rates from owners.

(1) Where a hereditament is occupied on terms which provide that the owner shall pay the rates chargeable in respect of the hereditament, an amount equal to so much of any payment made by the occupier in respect of rent as represents the proportion of rates included in that payment may be recovered by the rating authority from the owner, or, where the rent is collected by an agent of his, either from him or from that agent, in the same manner and subject to the same conditions as a sum due from an occupier in respect of rates.

(2) This section shall not apply in relation to rates recoverable from an owner by virtue of section 55 or 56 of this Act.”.

(2) In section 115(1) of that Act, in paragraph (b) of the definition of "owner ", for the words " or 56 " there shall be substituted the words " 56 or 60 ".

38 Charges in respect of distress

In subsection (2) of section 101 of the 1967 Act (charges for levying distress) after the word " charges " there shall be inserted the words " in cases where the levy is not made and ".

39 Postponement of warrant of commitment

(1) In section 102 of the 1967 Act (imprisonment in default of sufficiency of distress) in subsection (1) after the word " Act" there shall be inserted " (a) " and at the end of that subsection there shall be added the words “or

(b) fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as the court thinks just”.

(2) In subsection (5) of that section after the word " but", in the second place where it occurs, there shall be inserted the words—

“(a) where the warrant is issued after a postponement under subsection (1)(b) of this section and, since the term of imprisonment was fixed, the total of the sums referred to in subsection (3) of this section other than the costs of commitment has been reduced by part payment, the period of imprisonment imposed shall be the term fixed under subsection (1)(b) of this section reduced by such number of days as bears to the total number of days in that term less one day the same proportion as the part paid bears to that total; and

(b)”;

and for the words " the reduction required under " there shall be substituted the words " a reduction required under paragraph (a) or (b) of ".

(3) In section 103 of that Act (inquiry as to means before issue of warrant of commitment)—

(a) at the end of subsection (1)(b) there shall be added the words " or fix a term of imprisonment " ; and

(b) in subsection (2) and (3) after the word " issued " there shall be inserted the words " or term of imprisonment fixed ".

40 Security for unpaid rates

At the beginning of Part VII of the 1967 Act there shall be inserted—

“107A Security for unpaid rates.

Where any sum is due by way of rates in respect of a domestic hereditament from a person who has an interest in the hereditament, he and the rating authority may agree—

(a) that his interest shall be charged to secure payment of that sum together with interest on it from the date of the agreement at a rate specified in the agreement, and

(b) that the authority shall not exercise any powers conferred by this Act to recover that sum by distress or otherwise ;

and on the making of such an agreement those powers shall cease to be exercisable in respect of that sum.”.

Unused and unoccupied property

41 Suspension of provision for liability to progressive surcharge in respect of unused office etc. property

(1) The Secretary of State may by order direct that sections 17A (surcharge in respect of unused property) and 17B of the 1967 Act (supplemental provisions as to section 17A) shall cease to have effect.

(2) If an order is made under subsection (1) above, the Secretary of State may by order again bring sections 17A and 17B of the 1967 Act into force.

(3) An order under this section may make such incidental, supplemental and consequential provision as appears to the Secretary of State to be expedient for the purposes of the order.

(4) The power to make such an order shall be exercisable by statutory instrument.

(5) A statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

42 Rating of unoccupied property

(1) Schedule 1 to the 1967 Act (rating of unoccupied property) shall be amended as follows.

(2) In sub-paragraph (1) of paragraph 1, for the words “three months" there shall be substituted the words " the standard period ".

(3) The following sub-paragraphs shall be inserted after that sub-paragraph: —

“(1A) In this Schedule ' the standard period' means three months or such other period as the Secretary of State may by order specify.

(1B) An order under sub-paragraph (1A) of this paragraph may specify different periods in relation to different classes of hereditament.”.

(4) The following sub-paragraphs shall be substituted for subparagraph (2A) of that paragraph: —

“(2A) The owner of a relevant hereditament shall not be exempt from being rated under this Schedule in respect of that hereditament on the ground that the provisions of section 32, 33 or 34 of this Act would exempt the hereditament from being liable to be rated or to be included in any valuation list or in any rate, unless it appears that the relevant provisions will so exempt it when it is next occupied.

(2B) No reduction shall be made under section 48 of this Act in respect of any rates payable by an owner by virtue of this paragraph.

(2C) In this paragraph 'the specified proportion', in relation to a hereditament, means such proportion (not more than the current ceiling) as may be specified for the purposes of this paragraph by a resolution of the rating authority for the rating area in which the hereditament is situated; and different proportions may be so specified in relation to different classes of hereditament and in relation to hereditaments in different parts of the rating area.

(2D) Subject to sub-paragraph (2E) of this paragraph, in sub-paragraph (2C) of this paragraph ' the current ceiling' means the whole of the amount of rates which, disregarding section 48 of this Act, would be payable by the owner if he were in occupation of the hereditament and, in a case to which sub-paragraph (2A) or sub-paragraph (2B) of this paragraph applies, if the hereditament were being used as mentioned in that sub-paragraph.

(2E) Subject to sub-paragraph (2F) of this paragraph, the Secretary of State may from time to time by order vary the proportion of the amount mentioned in sub-paragraph (2D) of this paragraph which is to be the current ceiling for the purposes of this paragraph.

(2F) No order under sub-paragraph (2E) of this paragraph may so vary that proportion as to make the current ceiling exceed the whole of the amount mentioned in subparagraph (2D) of this paragraph.

(2G) Different proportions may be specified under subparagraph (2E) of this paragraph in relation to different classes of hereditament and in relation to hereditaments in different rating areas.”.

(5) In sub-paragraph (3) of that paragraph, for the words " any period of three months during which the hereditament has been continuously unoccupied" there shall be substituted the words " whether the hereditament has been continuously unoccupied for the standard period ".

(6) In sub-paragraph (4) of that paragraph—

(a) for the words " three months " there shall be substituted the words " the standard period " ; and

(b) for the words " six months " there shall be substituted the words " the new house period ".

(7) The following sub-paragraph shall be inserted after that sub-paragraph: —

“(5) In sub-paragraph (4) of this paragraph ' the new house period' means six months or such other period as the Secretary of State may by order specify.

(6) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

(8) In paragraph 2 of that Schedule for the words “three months” there shall be substituted the words " the standard period. "

(9) The following paragraph shall be inserted after paragraph 4 of that Schedule: —

“4A(1) Subject to the provisions of this paragraph, section 40 of this Act shall also apply in relation to any relevant hereditament to which it did not apply when it was last occupied if—

(a) it is owned by, or by trustees for, a charity; and

(b) such notice as is mentioned in sub-paragraph (2) below is given by the charity or, as the case may be, the trustees

(2) The notice is a notice in writing to the rating authority that it is intended that the hereditament shall be wholly or mainly used for the purposes of the charity or for the purposes of the charity and of other charities.

(3) Subject to sub-paragraph (4) below, section 40 of this Act shall cease to apply to a hereditament by virtue of this paragraph on the expiry of a period of two years—

(a) from the date on which the hereditament was acquired by the charity or by trustees for it; or

(b) from the passing of the Local Government, Planning and Land Act 1980,

whichever is the later.

(4) Section 40 of this Act shall cease to apply to a hereditament by virtue of this paragraph—

(a) if the hereditament ceases to be owned by the charity or by trustees for it; or

(b) if it continues to be owned by the charity or by trustees for it, but it ceases to be the intention of the charity or, as the case may be, the trustees that it shall be used as mentioned in sub-paragraph (2) above.”.

(10) The following definitions shall be substituted for the definition of " relevant period of vacancy " in paragraph 15 of that Schedule:—

• "relevant period of vacancy ", in relation to a relevant hereditament, means any period during which the hereditament has been continuously unoccupied, beginning with the unoccupied rating day and ending with the day preceding that on which the hereditament becomes or next becomes occupied or ceases to exist; and

• " unoccupied rating day ", in relation to a relevant hereditament, means—

  (a)

  if the hereditament is a newly erected dwelling-house, the day following the end of the new house period (as defined in sub-paragraph (5) of paragraph 1 of this Schedule); and

  (b)

  in any other case, the day following the end of the standard period (as defined in sub-paragraph (1A) of that paragraph).

Miscellaneous

43 Clerks of local valuation panels

(1) Section 92 of the 1967 Act (staff etc.) shall be amended as follows.

(2) In subsection (1) after the words "every local valuation panel shall" there shall be inserted the words " (subject to subsection (1A) of this section) ".

(3) After subsection (1) there shall be inserted—

“(1A) Two or more local valuation panels shall appoint one person to be the clerk of the panels if the Secretary of State directs the panels (after consulting them) to make such an appointment.

(1B) Where the panels mentioned in subsection (1A) of this section do not agree on the person to be appointed, they shall refer the matter to the Secretary of State and shall then appoint such person as he directs.”.

44 Notice of rate

In section 4(1) of the 1967 Act (which requires notice of every rate to be given within seven days after it is made) for the words " seven days after" there shall be substituted the words " the period of twenty-one days beginning with the day on which ".

45 Rate rebates

(1) Section 13 of the [1974 c. 7.] Local Government Act 1974 (persons who are residential occupiers for the purposes of rate rebate schemes) shall be amended as follows.

(2) In subsection (1) for paragraphs (a) to (c) there shall be substituted—

“(a) a person who resides or is usually resident in premises used for the purposes of a private dwelling and having at the relevant date a rateable value not exceeding the specified limit, and who is the occupier of the hereditament which consists of or includes the premises;

(b) a person who resides or is usually resident in such premises as are mentioned in paragraph (a) above and is not the occupier of the hereditament which consists of or includes the premises but—

(i) pays the rates chargeable in respect of the hereditament for the rebate period concerned, and

(ii) is the spouse or former spouse of a person who is the occupier of the hereditament but does not reside and is not usually resident there;

(c) a person who resides or is usually resident in such premises as are mentioned in paragraph (a) above, and who—

(i) is not the occupier of the hereditament which consists of or includes the premises, but

(ii) makes payments by way of rent in respect of the premises to the occupier of the hereditament or to any other person who is himself a residential occupier.”.

(3) For subsection (2) there shall be substituted—

“(2) Where two or more persons are joint occupiers of a hereditament or joint tenants of any premises, then for the purposes of rate rebates under the statutory rate rebate scheme or a local rate rebate scheme, but subject to any different provision made by the scheme, the rating authority may treat one of those persons as if he were the sole occupier of the hereditament or, as the case may be, the sole tenant of the premises”.

(4) In subsection (3) for the words "paragraph (b) and (c) of subsection (1)" there shall be substituted the words " subsection (1) ".

(5) The preceding provisions of this section shall have effect for rebate periods, within the meaning of Part II of that Act, beginning on or after such day as the Secretary of State may by order made by statutory instrument appoint.

(6) There shall be paid out of money provided by Parliament any increase attributable to this section in the sums payable out of money so provided under the [1974 c. 7.] Local Government Act 1974.

46 Amendment of industrial etc. de-rating provisions: Scotland

In subsection (2) of section 10 of the [1963 c. 12.] Local Government (Financial Provisions) (Scotland) Act 1963 (Rateable value of industrial and freight transport lands and heritages)—

(a) for the words " such immediately subsequent years, if any, as may be specified in the order " there shall be substituted the words " any subsequent years " ; and

(b) for the words " so specified " there shall be substituted the words " specified in the order ".

47 Commencement and extent of Part V

(1) The following provisions of this Act, namely—

(a) sections 33, 34, 37 and 44, and

(b) the repeals contained in Part IX of Schedule 34 to this Act—

(i) of provisions of the [1967 c. 9.] General Rate Act 1967, other than the repeals in sections 19, 20 and 30 and Schedules 1 and 2 ;

(ii) of paragraph 28(3) of Schedule 2 to the [1969 c. 19.] Decimal Currency Act 1969;

(iii) of section 26 of the [1973 c. xxx.] Greater London Council (General Powers) Act 1973 ; and

(iv) of paragraph 4 of Schedule 7 to the Local Government Act 1974,

shall have effect for any rate period, within the meaning of the 1967 Act, beginning on or after such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions.

(2) Section 31 above shall have effect for any rate period, within the meaning of the 1967 Act, beginning on or after 1st April 1981.

(3) Sections 38, 39, and 40 above shall come into operation at the expiration of the period of one month beginning with the day on which this Act is passed.

(4) The following provisions of this Act, namely—

(a) section 29(1) to (3) above;

(b) paragraphs 6(2) and (3) and 10 of Schedule 33 to this Act;

(c) in paragraph 8 of that Schedule—

(i) sub-paragraph (2); and

(ii) sub-paragraph (3), in so far as it inserts subsections (5A) to (5C) in section 78 of the [1964 c. 56.] Housing Act 1964; and

(d) the repeals contained in Part IX of Schedule 34 to this Act of words in sections 19 and 30 of the 1967 Act,

shall not have effect for any rate period, within the meaning of the 1967 Act, beginning before the first date after the passing of this Act on which new valuation lists come into force under section 68(1) of that Act.

(5) The provisions of Schedule 33 to this Act which give the Secretary of State power by order to prescribe multipliers and which are specified in subsection (6)(a), (b) and (c) below shall not have effect until he exercises the power conferred by them.

(6) The provisions of Schedule 33 mentioned in subsection (5) above are—

(a) paragraph 4 ; and

(b) in paragraph 8

(i) sub-paragraph (1);

(ii) sub-paragraph (3), in so far as it inserts subsections (5D) and (5E) in section 78 of the Housing Act 1964; and

(c) paragraph 14.

(7) Subject to the foregoing provisions of this section, this Part of this Act and the repeals contained in Part IX of Schedule 34 to this Act shall come into force on the day on which this Act is passed.

(8) Sections 32 and 46 above extend to Scotland only but, subject to that, this Part of this Act extends to England and Wales only.

PART VI Rate Support Grant

Amendments relating to existing system of rate support grants

48 General power to reduce rate support grant

(1) The Secretary of State may reduce the amount of rate support grant payable to a local authority for the year 1980-81 and any subsequent year before the commencing year if the uniform rate for that authority's area in that year exceeds the notional uniform rate.

(2) In this section—

• " notional uniform rate " means the rate which, having regard to payments of the needs element of rate support grant and the prescribed national standard rateable value per head of population, the Secretary of State considers that each rating authority in England and Wales would need to levy in order to finance the spending needs of the authority and of all authorities with power to issue precepts to the authority; and

• " uniform rate "—

  (a)

  in relation to authorities outside Greater London, has the meaning assigned to it for the purposes of sub-paragraph (1) of paragraph 10 of Schedule 2 to the [1974 c. 7.] Local Government Act 1974 by sub-paragraph (3) of that paragraph; and

  (b)

  in relation to authorities in Greater London, has that meaning subject to any adjustment of the amount made by the Secretary of State.

(3) A report under section 3(3) of the Local Government Act 1974 (reports on rate support grant orders) shall specify the amount of the notional uniform rate.

(4) The notional uniform rate for the year 1980-81 shall be of such an amount as is specified in the report for that year under section 3(3) of the Local Government Act 1974.

(5) A report under section 4(2) of that Act (reports on redetermination) shall specify the principles on which the Secretary of State has made any adjustment of the uniform rates of authorities in Greater London.

(6) Where the Secretary of State makes any such adjustment, he shall apply the same principles in making it to all authorities in Greater London.

(7) Any expression used in this section or in section 49 or 50 below and to which a meaning is assigned by the [1974 c. 7.] Local Government Act 1974 has that meaning for the purposes of those sections.

49 Reduction of resources element

(1) In any case where the Secretary of State makes an order under section 4 of the Local Government Act 1974 (orders varying rate support grant orders) he may make a fresh determination of the amount of the resources element of rate support grant payable to a local authority for the year to which the order relates as provided in this section.

(2) A determination under this section shall be made by multiplying the uniform rate for the area of a local authority by a multiplier of an amount less than unity.

(3) Different multipliers may be determined under this section for different authorities.

(4) The principles on which multipliers are determined under this section shall be specified in an order made by statutory instrument by the Secretary of State.

(5) The same principles shall be applied to every determination under this section of a multiplier for any year.

(6) An order under this section shall be laid before the House of Commons and shall not have effect until approved by a resolution of that House; and no determination shall be made under this section until the order has effect.

50 Reduction of needs element for authorities in Greater London

(1) The Secretary of State may vary the amount of the needs element of rate support grant payable to the council of a London borough or the Common Council of the City of London for any year, in the manner provided in this section, if the rateable value per head of the population of their area, as determined under paragraph 9 of Schedule 2 to the Local Government Act 1974, exceeds the national standard rateable value per head of population, as defined by paragraph 8 of that Schedule.

(2) The Secretary of State shall carry out the variation mentioned in subsection (1) above, in relation to any authority, by multiplying the additional amount of needs element payable by virtue of the additional factors prescribed in relation to them under paragraph 1(b) of Schedule 2 to the Local Government Act 1974 by a multiplier determined on principles specified in an order made by statutory instrument by the Secretary of State.

(3) Different multipliers may be determined under this section for different authorities.

(4) The same principles shall be applied to every determination under this section for any year.

(5) An order under this section shall be laid before the House of Commons and shall not have effect until approved by a resolution of that House ; and no variation shall be made under this section until the order has effect.

51 Supplementary grants for transport purposes

(1) Notwithstanding anything in the [1974 c. 7.] Local Government Act 1974, the power of making grants under section 6(1) of that Act (supplementary grants for transport purposes payable by Minister of Transport in relation to England and Secretary of State in relation to Wales) may be exercised separately and differently for England and for Wales.

(2) An order made by statutory instrument may provide that, with effect from such year as may be specified in the order, no supplementary grants for transport purposes under section 6 of the Local Government Act 1974 shall be paid or that no such grants shall be paid except in respect of expenditure of a description specified in the order.

(3) Any such order shall be made—

(a) for England, by the Minister of Transport; and

(b) for Wales, by the Secretary of State.

(4) An order under this section may contain such provisions as appear to the Minister of Transport or, as the case may be, the Secretary of State to be necessary or proper in consequence of the provisions of the order, including provisions amending, repealing or revoking (with or without savings) any enactment or instrument made under an enactment.

(5) In subsection (4) above "enactment" includes an enactment contained in this Act.

(6) The power to make orders under this section includes power, from the beginning of the commencing year, to specify different years in relation to England and to Wales and to make other different provision in relation to them.

(7) No order under this section shall have effect until approved by a resolution of each House of Parliament.

52 Separate provision for Wales

(1) Notwithstanding anything in the Local Government Act 1974, the powers—

(a) of. specifying under section 2(7) (a) of that Act bodies whose expenditure in the provision of services for local authorities may be defrayed by the Secretary of State ; and

(b) of making grants under section 7(1) of that Act (supplementary grants towards expenditure with respect to National Parks),

may be exercised separately and differently for England and for Wales.

(2) Nothing in subsection (1) above shall affect any regulations made by virtue of section 2(7)(a) of the [1974 c. 7.] Local Government Act 1974 before the passing of this Act.

New system of rate support grants

53 Introduction of new system of rate support grants

(1) Subject to the provisions of this Part of this Act, the Secretary of State shall, for the commencing year and each subsequent year, make out of money provided by Parliament to local authorities in England and Wales in accordance with the provisions of this Part of this Act—

(a) a grant to be known as " domestic rate relief grant" and

(b) a grant to be known as " block grant".

(2) The grants made in pursuance of subsection (1) above shall together be known as "rate support grants ".

(3) Rate support grants as defined in section 1 of the Local Government Act 1974 shall not be payable for the commencing year or for any subsequent year.

(4) For the commencing year and any subsequent year rate support grants for local authorities in England and local authorities in Wales may be administered separately and differently; and this Part of this Act shall be construed accordingly in relation to rate support grants for any year for which such grants are so administered.

(5) The following bodies are local authorities for the purposes of this Part of this Act, namely—

(a) the council of a county;

(b) the Greater London Council;

(c) the Inner London Education Authority ;

(d) the council of a district;

(e) the council of a London borough;

(f) the Common Council of the City of London; and

(g) the Council of the Isles of Stilly.

(6) For the purposes of this Part of this Act the area of the Inner London Education Authority is the Inner London Education Area.

(7) The Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple are local authorities for the purposes of the provisions of this Part of this Act relating to domestic rate relief grant.

(8) Subject to the following provisions of this Part of this Act, payments in respect of rate support grants shall be made to a local authority at such times as the Secretary of State may with the consent of the Treasury specify, and shall be made in aid of the revenues of the authority generally.

(9) In this Part of this Act " the commencing year " means such year as the Secretary of State may by order made by statutory instrument appoint.

(10) The Secretary of State may by order made by statutory instrument direct that any enactment to which this subsection applies shall cease to have effect on such date as the order may specify.

(11) The enactments to which subsection (10) above applies are—

(a) sections 48 to 51 and 52(1)(a) and (2) above ;

(b) section 69(3) below ;

(c) the provisions specified in Schedule 8 to this Act;

(d) paragraph 31 of Schedule 32 to this Act; and

(e) section 48(1 A)(a) of the [1967 c. 9.] General Rate Act 1967 (standard amount for purposes of domestic rate relief).

54 The aggregate amount of rate support grants

(1) For the purpose of fixing the aggregate amount of the rate support grants for any year, the Secretary of State shall determine the aggregate amount (in this Part of this Act referred to as " the amount available for grants ") which he estimates is to be available for the payment out of money provided by Parliament of grants to local authorities in respect of their relevant expenditure for that year, other than—

(a) housing subsidies;

(b) grants under section 8 of the Local Government Act 1974;

(c) grants under section 69 of this Act; and

(d) grants under paragraph 29 of Schedule 32 to this Act.

(2) The Secretary of State shall deduct from the amount determined under subsection (1) above—

(a) the portion of the amount available for grants which he estimates will be allocated to grants in respect of specific services, other than—

(i) grants under section 8 of the Local Government Act 1974,

(ii) grants under section 69 of this Act, and

(iii) grants under paragraph 29 of Schedule 32 to this Act; and

(b) the portion of that amount which is prescribed as the aggregate amount of supplementary grants for transport services within the meaning of section 6 of the [1974 c. 7.] Local Government Act 1974; and

(c) the portion of that amount which is prescribed as the aggregate amount of supplementary grants under section 7 of that Act.

(3) So much of the amount available for grants as remains after making the deductions required under subsection (2) above shall be the aggregate amount of the rate support grants for that year.

(4) Before determining the amount available for grants and the portions of that amount mentioned in paragraphs (a) to (c) of subsection (2) above, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned and with any local authority with whom consultation appears to him to be desirable, and shall take into account—

(a) the latest information available to him as to the rate of relevant expenditure;

(b) any probable fluctuation in the demand for services giving rise to relevant expenditure, so far as the fluctuation is attributable to circumstances—

(i) in England as a whole; or

(ii) in Wales as a whole,

being circumstances which are not under the control of local authorities;

(c) the need for developing those services and the extent to which, having regard to general economic conditions, it is reasonable to develop them; and

(d) the current level of prices, costs and remuneration and any future variation in that level which in the opinion of the Secretary of State will result from decisions which appear to him to be final and which will have the effect of increasing or decreasing any particular prices, costs or remuneration.

(5) Subject—

(a) to subsection (7) below;

(b) to section 6(3) of the [1975 c. 67.] Housing Finance (Special Provisions) Act 1975 (which relates to certain sums charged to a local authority's general rate fund);

(c) to section 8(3) of the [1976 c. 32.] Lotteries and Amusements Act 1976, (proceeds of local lotteries); and

(d) to section 117(3) of the [1980 c. 51.] Housing Act 1980 (rate fund contributions under section 3(4) of the [1975 c. 6.] Housing Rents and Subsidies Act 1975),

in this section " relevant expenditure ", in relation to any year, means the expenditure for that year falling to be defrayed out of the rate fund of a local authority—

(i) reduced by the amount of any payments of such descriptions as the Secretary of State may specify which fall to be made for that year into the rate fund ; and

(ii) exclusive of the items of expenditure mentioned in sub section (6) below.

(6) The items of expenditure referred to in subsection (5)(ii) above are—

(a) sums falling to be paid to another local authority by virtue of a precept or other instrument;

(b) expenditure under section 1(1) (awards for university and comparable courses) or section 2(3) (grants to persons undergoing training as teachers) of the [1962 c. 12.] Education Act 1962; and

(c) so much of the allowances granted in the year in question under a local authority's allowance scheme, within the meaning of Part II of the [1972 c. 47.] Housing Finance Act 1972, as does not exceed the authority's standard amount of rent allowances, within the meaning of that Act, for that year.

(7) The following grants for specific services, namely grants—

(a) to the Receiver for the Metropolitan Police District under section 51 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (towards the cost of probation services) and under section 59 of the [1979 c. 55.] Justices of the Peace Act 1979 (grants for magistrates' courts purposes); and

(b) under section 31 of the [1964 c. 48.] Police Act 1964 (police grants), whether made to a committee of a local authority or not,

shall be treated for the purposes of subsection (2) above as grants made to local authorities; and to the extent that, in any year, any expenditure of the Receiver for the Metropolitan Police District or of a combined police authority is met by any such grants, that expenditure shall be treated for the purposes of this section as relevant expenditure in relation to that year.

(8) In this section—

• " housing subsidies " means such grants to local authorities out of money provided by Parliament for housing as may be specified by the Secretary of State as housing subsidies for the purposes of this section ; and

• " rate fund "—

  (a)

  in relation to the Greater London Council and the Inner London Education Authority, means any account or fund for which a precept is issued;

  (b)

  in relation to the Common Council of the City of London and the Council of the Isles of Stilly, means the general rate; and

  (c)

  in relation to any other local authority, means the county fund or general rate fund.

55 The domestic rate relief grant

(1) The aggregate amount of the domestic rate relief grant shall be determined by the Secretary of State.

(2) The amount of domestic rate relief grant payable to a local authority for any year shall be calculated in accordance with Schedule 9 to this Act.

(3) No payment in respect of domestic rate relief grant shall be made—

(a) to a county council;

(b) to the Greater London Council; or

(c) to the Inner London Education Authority.

(4) Any amounts payable to a local authority in respect of domestic rate relief grant shall be taken into account for the purposes of this and any other Act as if they were payable on account of rates.

56 The block grant

(1) The amount of block grant for a year is the balance left after deducting the amount of domestic rate relief grant from the aggregate amount of the rate support grants.

(2) If—

(a) the council of a county, the Greater London Council or the Inner London Education Authority give notice to the Secretary of State that they do not wish to be paid block grant for any year ; and

(b) he gives them notice that he consents to it not being paid to them,

no amount shall be payable to them by way of that grant for that year.

(3) Any amount that would have been payable to them shall be distributed among the appropriate authorities as part of their block grant for the year.

(4) In subsection (3) above "the appropriate authorities" means—

(a) in relation to the council of a county, the councils of districts in the county;

(b) in relation to the Greater London Council, the London borough councils and the Common Council of the City of London; and

(c) in relation to the Inner London Education Authority, those of the councils mentioned in paragraph (b) above whose areas are in the Inner London Education Area.

(5) The amount to be paid to an authority under subsection (3) above shall bear the same proportion to the amount that would have been payable to the county council or the Greater London Council or the Inner London Education Authority as the gross rateable value of the authority's area bears to the gross rateable value of the county, Greater London or the Inner London Education Area, as the case may be.

(6) Subject to subsection (7) below, the amount of block grant payable to a local authority is to be calculated by deducting from the total expenditure to be incurred by them during the year the product arrived at by multiplying their grant-related poundage by the gross rateable value of their area.

(7) The amount of block grant payable to a local authority, other than any amount payable under subsection (3) above, may not exceed the total expenditure to be incurred by them during the year.

(8) In this Part of this Act—

• " grant-related expenditure ", in relation to each authority to whom block grant is payable for any year, means the aggregate for the year of their notional expenditure having regard to their functions ;

• " grant-related poundage ", in relation to each such authority, means subject to paragraph 6 of Schedule 11 below, a poundage related—

  (a)

  to a given ratio between their total expenditure and their grant-related expenditure; or

  (b)

  to a given difference between their total expenditure divided by their population and their grant-related expenditure so divided ;

• " gross rateable value ", in relation to each such authority, means the aggregate of the rateable values of the hereditaments in their area ;

• " rateable values", in relation to hereditaments, means subject to subsection (14) below, rateable values ascribed to them in the valuation lists on a date to be specified for each year in the Rate Support Grant Report;

• "total expenditure", in relation to each such authority, means the expenditure which is relevant expenditure within the meaning of subsection (5) of section 54 above reduced by the amount of any grant to them mentioned in subsection (2) of that section and adjusted by the addition or subtraction of such descriptions of expenditure or receipts as the Secretary of State may direct, and

• " valuation list" has the meaning assigned to it by section 115 of the [1967 c. 9.] General Rate Act 1967.

(9) The Secretary of State may—

(a) defray any expenditure incurred in any year in the provision of services for local authorities by any body specified in regulations made by the Secretary of State; and

(b) deduct from the aggregate amount of the block grant for that year, such amount, not exceeding the total of the expenditure so defrayed, as appears to him to be appropriate;

and any regulations made under section 2(7) of the [1974 c. 7.] Local Government Act 1974 shall have effect for the purposes of this subsection as if they had been made under it.

(10) Before giving a direction under subsection (8) above or exercising his powers under subsection (9) above, the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.

(11) Any such direction shall be given in accordance with principles to be applied to all local authorities.

(12) Regulations under subsection (9) above shall be made by statutory instrument, and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(13) The reference to hereditaments in subsection (8) above includes a reference to a notional hereditament which a body is treated as occupying by virtue of any enactment.

(14) A Rate Support Grant Report may provide that for the year to which it relates the rateable value of hereditaments falling within any class of hereditaments shall be ascertained for the purposes of this Part of this Act otherwise than by reference to the values ascribed to them in the valuation list.

57 Determination of grant-related poundage and grant-related expenditure

(1) A local authority's grant-related poundage and grant-related expenditure shall be determined by the Secretary of State in accordance with principles to be applied to all local authorities.

(2) Subject to subsection (3) below, the principles on which the grant-related poundage and the grant-related expenditure are determined shall be specified in the Rate Support Grant Report.

(3) The principles set out in section 58 need not be specified in the Rate Support Grant Report.

58 Principles for determination of grant-related poundage

(1) The principles set out in subsections (2) and (3) below shall apply to all authorities belonging to the appropriate class.

(2) Where an authority's total expenditure is at a level equal to or less than their grant-related expenditure, a given decrease in their total expenditure must produce the same decrease in their grant-related poundage as would be produced by the same decrease in their total expenditure if it were at any other level which is less than their grant-related expenditure.

(3) Where an authority's total expenditure is at a level equal to or more than their grant-related expenditure, a given increase in their total expenditure must produce an increase in their grant-related poundage not less than the increase that would be produced by the same increase in their total expenditure if it were at any lower level.

(4) References in this section to an increase or decrease in grant-related poundage are references to an increase or decrease in absolute terms.

(5) References in this section to an increase or decrease in an authority's total expenditure may be construed either as references to an increase or decrease in absolute terms in their expenditure per head of the population of their area or as references to an increase or decrease in the ratio between their total expenditure and their grant-related expenditure; but such references shall be construed in the same way in relation to all authorities.

59 Adjustments of distribution of block grant

(1) Subject to the following provisions of this section, the Secretary of State may provide in a Rate Support Grant Report that the amount of block grant payable to a local authority for a year shall be calculated by deducting from their total expenditure, instead of the product of their grant-related poundage and the gross rateable value of their area, the product of those sums multiplied by a multiplier determined by the Secretary of State.

(2) Except as provided in subsection (3) below, the power conferred by subsection (1) above may only be exercised for the purpose of increasing the amount of block grant payable to a local authority.

(3) The power may be exercised for the purpose of decreasing the amount of block grant payable to a local authority if the Secretary of State is satisfied that there will be an unreasonable increase, unless he exercises the power, in the amount of block grant payable to the authority for a year, compared with the amount payable to them for the previous year.

(4) The power conferred by subsection (1) above may be exercised so as to determine different multipliers for different authorities.

(5) Except as provided by subsection (7) below, the power—

(a) may only be exercised—

(i) in accordance with principles to be applied to all local authorities; or

(ii) in accordance with principles to be applied to all local authorities belonging to the appropriate class; and

(b) may only be exercised for any such purpose as is specified in paragraphs (a) to (d) of subsection (6) below.

(6) The purposes mentioned in subsection (5) above are—

(a) limiting the change in the amount of block grant payable to an authority for the year from the amount payable in the previous year ;

(b) taking account of less than the gross rateable value of an authority or group of authorities in calculating the amount of block grant payable;

(c) reducing, whether in whole or in part, disparities in the rates levied in different rating areas of Greater London other than the Temples ; and

(d) any such other purpose as the Secretary of State may determine.

(7) The power may also be exercised in accordance with principles to be applied to the councils of counties to whose police expenses section 57 of the [1964 c. 48.] Police Act 1964 applies (counties falling partly within the Metropolitan Police District).

(8) If the Secretary of State exercises that power, the principles on which he exercises it shall be specified in the Rate Support Grant Report.

(9) In this Part of this Act "the appropriate class ", in relation to a local authority, means the class specified in subsection (10) below to which that authority belongs.

(10) Subject to subsection (11) below, any local authority of a description specified in any of the paragraphs of section 53(5) above belongs to a class consisting of all the authorities of that description.

(11) Section 53(5) above shall be treated for the purposes of this section—

(a) as if paragraph (a) referred to two classes, namely—

(i) councils of metropolitan counties; and

(ii) councils of non-metropolitan counties;

(b) as if paragraph (d) referred to two classes, namely—

(i) councils of metropolitan districts ; and

(ii) councils of non-metropolitan districts; and

(c) as if paragraph (e) were omitted.

(12) In their application to block grant payable to a local authority for the commencing year subsections (3) and (6) (a) above shall have effect as if references to an amount determined by the Secretary of State were substituted for the references to the amount of block grant payable to the authority for the previous year.

60 The Rate Support Grant Report

(1) In this section and section 61 below "the relevant grants " means rate support grants payable under this Part of this Act and grant payable under section 6 or 7 of the [1974 c. 7.] Local Government Act 1974 (supplementary grants for transport and National Parks).

(2) Subject to subsection (3) below, the Secretary of State shall make for each year a report (in this Part of this Act called a "Rate Support Grant Report") relating to the relevant grants.

(3) In so far as a Rate Support Grant Report relates to payments of grants under section 6 of the Local Government Act 1974 it shall be made for England by the Minister of Transport.

(4) A Rate Support Grant Report shall be made with the consent of the Treasury.

(5) Before making a Rate Support Grant Report the Secretary of State and the Minister of Transport shall consult such associations of local authorities as appear to them to be concerned and any local authority with whom consultation appears to them to be desirable.

(6) A Rate Support Grant Report shall specify

(a) all the determinations relating to the relevant grants which are required by any provision of this Part of this Act; and

(b) the considerations leading the Secretary of State to make any such determination.

(7) A Rate Support Grant Report shall be laid before the House of Commons.

(8) No payment of any of the relevant grants for the year shall be made until the Rate Support Grant Report is approved by a resolution of the House of Commons and (subject to section 61 below) any payment may be made only in accordance with the Rate Support Grant Report as so approved.

(9) The Secretary of State shall send a copy of every Rate Support Grant Report to each local authority as soon as practicable after it has been approved.

61 Supplementary reports

(1) Subject to subsection (2) below, after a Rate Support Grant Report has been made for any year the Secretary of State may, at such time or times as he thinks fit, make one or more supplementary reports for that year.

(2) Section 60(3) to (5), (7) and (9) above shall apply to a supplementary report as they apply to a Rate Support Grant Report.

(3) Subject to subsections (4) and (5) below, a supplementary report may specify fresh determinations in place of all or any of those specified by the Rate Support Grant Report.

(4) The Secretary of State may not in a supplementary report vary the aggregate amount of domestic rate relief grant determined by him for any year in the Rate Support Grant Report for that year.

(5) The power conferred by subsection (3) above shall be exercisable only in accordance with principles applicable to all local authorities and specified in the supplementary report.

(6) In addition to specifying any fresh determinations a supplementary report shall specify the considerations leading to them.

(7) If a supplementary report is approved by a resolution of the House of Commons, any payment of any of the relevant grants for the year may be made only in accordance with the Rate Support Grant Report for the year (as so approved), as varied by the supplementary report for the year (as so approved).

62 Adjustment of block grant total

(1) For the purpose of ensuring that the total amount paid in respect of block grant in any year is the same as the aggregate amount available for that grant in that year, the Secretary of State may adjust (whether by increasing or decreasing it) the amount payable to each local authority.

(2) The Secretary of State shall so carry out the adjustment mentioned in subsection (1) above that the amount payable to an authority is adjusted in the same ratio as the aggregate amounts to which all authorities are entitled bear to the aggregate amount available for grant.

(3) The Secretary of State may, for the purpose of the adjustment required by this section, make a fresh calculation of the entitlement of each local authority to block grant, substituting the total expenditure actually incurred by that authority during the year for the figure calculated as the authority's total expenditure under section 56 above.

63 Adjustment of block grant in connection with education etc.

Block grant shall be subject to the adjustments arising out of expenditure by local authorities on education and for connected purposes specified in Schedule 10 to this Act.

64 Special provision for Metropolitan Police District

Schedule 11 to this Act shall have effect in relation to block grant payable—

(a) to the council of a London borough; or

(b) to the council of a district whose area is wholly or partly within the Metropolitan Police District.

65 Submission of information

(1) Each local authority shall submit to the Secretary of State or the Minister of Transport in respect of each year, by such date as he may specify, such information as he may from time to time require for the purposes of sections 53 to 64 above and to Schedule 11 to this Act in connection with the total expenditure to be incurred by them during the year.

(2) Where the Secretary of State or the Minister of Transport is not satisfied that the information submitted to him by a local authority under subsection (1) above accurately reflects the amount by reference to which the authority have calculated the general rate for the year to which the information relates, or the amount of any precept issued by them for that year, he may, after giving notice of his intention to the authority and affording them an opportunity to submit representations, make such adjustment of the information submitted to him under subsection (1) above as he considers appropriate.

66 Estimates and calculations

(1) The Secretary of State shall, upon the best information available to him, estimate and notify to each local authority the amounts of domestic rate relief grant and block grant which will become payable to the authority for a year; and he may make and notify to an authority such further estimates of the said amounts, taking into account information not previously available, as he may think fit.

(2) As soon as practicable after he has received what appears to him to be sufficient information for the purpose, the Secretary of State shall make a conclusive calculation of the said amounts and notify the result of that calculation to each local authority.

(3) The amounts of domestic rate relief grant and block grant payable to a local authority shall each be calculated to the nearest pound.

(4) Where it appears to the Secretary of State from any estimate or calculation made under this section that a sum in excess of the amount of the estimate or calculation has already been paid to a local authority in respect of rate support grants for the year, he may recover that sum by deduction from any amount due to that authority in respect of those grants, whether for the year or for any subsequent year, or by issuing a demand for it to the authority or partly by such deduction and partly by such a demand, as he thinks fit.

67 Changes in rateable values

(1) After the amount of the block grant payable to a local authority for any year has been conclusively calculated under this Part of this Act, the authority may by notice in writing request the Secretary of State to give a direction under this section if—

(a) the rateable value of hereditaments in the authority's area has been reduced with effect from the date on or before that which is relevant for determining the gross rateable value of the hereditaments in the authority's area for that year under this Part of this Act; and

(b) the effect of those and any other alterations of rateable values made before the date of the notice would, had they been made on the dates as from which they took effect, have been to produce a reduction in the gross rateable value of those hereditaments which is of such a magnitude that, expressed as a percentage of their gross rateable value, it exceeds such percentage as may be specified for the purposes of this section in regulations made by the Secretary of State.

(2) On the receipt of such a notice the Secretary of State shall direct that the amount of the block grant payable to the authority for that year shall be recalculated in accordance with the following provisions of this section and a further payment on account of that grant shall be made to the local authority accordingly.

(3) The power to specify a percentage for the purposes of paragraph (b) of subsection (1) above includes power to specify, in relation to second and subsequent notices given by a local authority in respect of any year, percentages higher than that specified in relation to the first notice given by the authority in respect of that year.

(4) Where subsection (1) above applies, the amount of block grant payable to the authority for the year shall be recalculated by treating the gross rateable value of the hereditaments in their area as reduced by the difference between the reduction referred to in subsection (1)(b) above and the percentage specified for the purpose of that paragraph or, where more than one percentage is so specified, the lowest of them.

(5) The further payment shall be an amount equal to the difference between the amount previously paid to the authority for the year concerned on account of block grant and the amount recalculated as specified in subsection (2) above.

(6) Any amount payable under this section shall be payable without the making of any report under this Part of this Act and notwithstanding the contents of any such report previously made in respect of the year for which the grant is payable.

(7) Before making regulations under this section the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.

(8) The power to make such regulations shall be exercisable by statutory instrument.

(9) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

68 Rate support grant-supplementary

(1) In this Part of this Act "year" means a period of 12 months beginning with 1st April.

(2) In section 10(2) of the [1974 c. 7.] Local Government Act 1974 the following definition shall be substituted for the definition of " prescribed " : —

• prescribed " means prescribed by a Rate Support Grant Report made under section 60 of the Local Government, Planning and Land Act 1980 or by a supplementary report made under section 61 of that Act;.

(3) In section 6 of the [1975 c. 67.] Housing Finance (Special Provisions) Act 1975 (which among other things prevents certain sums charged to the general rate fund being taken into account in calculations of rate support grants)—

(a) in subsection (3), for the words "section 1(4) of the Local Government Act 1974 " there shall be substituted the words " section 54(5) of the Local Government, Planning and Land Act 1980 " ; and

(b) in subsection (4), for the words from " shall not be included " to the end of the subsection there shall be substituted the words " shall be disregarded ".

(4) The following subsection shall be substituted for subsection (3) of section 8 of the [1976 c. 32.] Lotteries and Amusements Act 1976 (proceeds of local lotteries): —

“(3) The payment by a local authority out of their rate fund, within the meaning of subsection (8) of section 54 of the Local Government, Planning and Land Act 1980, of money accruing from a local lottery shall not be relevant expenditure within the meaning of subsection (5) of that section.”.

(5) In section 31(7) of the [1980 c. 20.] Education Act 1980 (which relates to recoupment between education authorities in respect of the cost of further education) for the words " paragraph 3A of Schedule 2 to the Local Government Act 1974 " there shall be substituted the words " paragraph 6 of Schedule 10 to the Local Government, Planning and Land Act 1980 ".

(6) In section 117 (3) of the [1980 c. 51.] Housing Act 1980 for the words " section 1 of the Local Government Act 1974 " there shall be substituted the words " section 54 of the Local Government, Planning and Land Act 1980 ".

(7) Any power to amend regulations made under Part I of the [1974 c. 7.] Local Government Act 1974 or section 32 of the Education Act 1980 shall include power to make any such amendments in the regulations as appear to the Secretary of State to be necessary or expedient in consequence of the provisions of sections 53 to 68 above.

(8) The amendments made by subsections (2) to (6) above shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint.

(9) This Part of this Act extends to England and Wales only.

PART VII Miscellaneous Grants

Grants in respect of rate rebates for disabled

69 Grants in respect of rebates under the Rating (Disabled Persons) Act 1978

(1) For the year beginning with 1st April 1979 and each subsequent year the Secretary of State shall pay out of money provided by Parliament to any authority granting rebates under the [1978 c. 40.] Rating (Disabled Persons) Act 1978 in that year a grant equal to 90 per cent, of the aggregate amount of the rebates so granted, excluding any additional amount granted by virtue of paragraph 8 of Schedule 1 to that Act (power to increase rebates by one-fifth in certain cases) or by virtue of section 4(7) of that Act (which makes similar provision for Scotland).

(2) Payments of grant under this section shall be made at such times as the Secretary of State may with the consent of the Treasury determine.

(3) In section 1(2) of the [1974 c. 7.] Local Government Act 1974 (amount available for grants to local authorities) after the words " section 8 below ", in each place where they occur, there shall be inserted the words " or section 69 of the Local Government, Planning and Land Act 1980 ".

Grants for caravan sites

70 Grants in respect of caravan sites for gipsies

(1) This section applies to expenditure of a capital nature incurred by any local authority under section 24 of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960 (provision of caravan sites by local authorities) in respect of caravan sites provided for the accommodation of gipsies.

(2) The Secretary of State may, with the approval of the Treasury, make out of money provided by Parliament grants in respect of expenditure which, in his opinion, is expenditure to which this section applies.

(3) Any grants under this section shall be made on such terms and conditions (if any) as the Secretary of State may, with the approval of the Treasury, determine.

(4) In this section—

• " caravan " has the meaning assigned to it by the Caravan Sites and Control of Development Act 1960; and

• " gipsy " has the meaning assigned to it by the [1968 c. 52.] Caravan Sites Act 1968.

PART VIII Capital Expenditure of Local Authorities Etc

71 Expenditure to which Part VIII applies

(1) This Part of this Act applies to prescribed expenditure of the following authorities—

(a) a county council;

(b) a district council;

(c) a London borough council;

(d) the Common Council of the City of London ;

(e) the Council of the Isles of Stilly ;

(f) a fire authority constituted by a combination scheme under section 6 of the [1947 c. 41.] Fire Services Act 1947;

(g) a joint planning board constituted for a National Park by an order under paragraph 1 of Schedule 17 to the [1972 c. 70.] Local Government Act 1972 ; and

(h) a special planning board constituted for a National Park by an order under paragraph 3 of that Schedule.

(2) Any reference to prescribed expenditure in this Part of this Act shall be construed in accordance with Schedule 12 to this Act.

72 Expenditure which authorities may make

(1) Subject to subsection (2) below, it shall be the duty of the appropriate Minister to specify in relation to any authority to whom this Part of this Act applies an amount of prescribed expenditure for each year.

(2) The Minister of Transport may specify an amount of prescribed expenditure in relation to any authority mentioned in section 71(1) above but it shall not be his duty to do so except in relation to a county council.

(3) Subject to subsection (5) below, an authority to whom this Part of this Act applies may make in any year payments in respect of prescribed expenditure equal to or less than the aggregate of the following: —

(a) the amount specified for the year under subsection (1) above; and

(b) an amount not exceeding 10 per cent, (or such other proportion as may be prescribed for the year) of the amount so specified ; and

(c) any amount of prescribed expenditure specified at any time, but not later than 1st November in the year to which the allocation relates except with the prior agreement of the authority concerned, for the year by the appropriate Minister in addition to the amount specified under subsection (1) above; and

(d) an amount for the year equal to the authority's net capital receipts or to such proportion of those receipts as may be prescribed; and

(e) an amount for the year equal to the authority's entitlement of profits of a trading undertaking owned by that authority individually or as a member of a joint committee of local authorities and such payments may be made, subject to section 73 below, for such purposes as the authority think fit.

(4) In subsection (3)(e) above trading undertakings include—

(i) any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour or pier undertaking;

(ii) any telephone undertaking ;

(iii) any aerodrome;

(iv) any market undertaking ;

(v) any undertaking for the provision of entertainments under section 145 of the [1972 c. 70.] Local Government Act 1972 or any local enactment;

(vi) any undertaking for the supply of district heating;

(vii) any civic catering undertaking ; or

(viii) any exhibition hall or complex.

(5) Nothing in subsection (3) above authorises an authority to make payments if to make them would fall outside the powers the authority have apart from that subsection.

(6) For the purpose of determining whether a payment was authorised under subsection (3) above the amount of the net capital receipts of the authority who made the payment shall be ascertained on 31st March in the year in which the payment was made.

(7) In this section " net capital receipts ", in relation to any year, means the receipts of an authority which by virtue of section 75(1) below are capital receipts for the purposes of this Part of this Act, as reduced by any payment in a previous year which was authorised by subsection (3)(d) above.

(8) If in any year (the relevant year) an authority make in respect of prescribed expenditure payments exceeding the aggregate of the amounts mentioned in subsections (3)(a), (c) and (d) above, the amount which would (apart from this subsection) be specified under subsection (1) above for the following year shall be reduced by the appropriate amount.

(9) Subject to subsection (10) below, the appropriate amount is an amount equal to the excess mentioned in subsection (8) above.

(10) Where, in the preceding year (that is, the year preceding the relevant year), the authority have not spent the whole of the amounts mentioned in subsection 3(a) and (c) above for the preceding year, the amount of the reduction is an amount equal to the excess mentioned in subsection (8) above minus whichever of the following is less, namely—

(a) the part not spent for the preceding year;

(b) the amount mentioned in subsection 3(b) above for the relevant year.

73 Projects of regional or national importance

(1) Where the appropriate Minister specifies an amount under section 72(1) above, he may further direct under this section that—

(a) a specified part of the aggregate of the amounts mentioned in section 72(3) above may be spent only on a specified project;

(b) no part of that aggregate may be spent on a specified project.

(2) A project may only be specified under subsection (1) above if the appropriate Minister—

(a) is of opinion that the project is of national or regional importance, or

(b) is of opinion that the project, though not itself of national or regional importance, is part of a project which is of such importance.

74 Withdrawal of specification

(1) Subject to subsection (2) below, a specification may at any time be withdrawn by the Minister who made it so far as it relates to payments which the authority have not made before it is withdrawn.

(2) A specification may not be withdrawn so far as it relates to a payment in satisfaction of any liability in respect of which an authority have entered into a binding contract.

75 Capital receipts

(1) Subject to the following provisions of this section and to any regulations under subsection (5) below, for the purposes of this Part of this Act an authority's capital receipts are equal—

(a) to any sums received by the authority before the commencement date in respect of the disposals and repayments mentioned in subsections (2) and (3) below, less the amount spent by the authority before that date out of any such sums (for whatever purpose); and

(b) to any sums received by the authority on or after the commencement date in respect of those disposals and repayments, without any deduction.

(2) The disposals are those of land (including buildings and Structures on land), vehicles, vessels, movable and immovable plant, machinery and apparatus.

(3) The repayments are those of grants and advances of a capital nature other than grants and advances to local authorities, or Passenger Transport Executives.

(4) Where—

(a) the authority dispose—

(i) of an interest in land which confers a right to occupy the land but is not a freehold interest, or,

(ii) of an interest in goods other than the property in them; or

(b) any such interest belonging to the authority comes to an end by any means,

there shall be included in the capital receipts of the authority a sum equal to the amount which under section 80 below the authority would have been taken to have paid for the acquisition of the interest if it had acquired it at the date when it disposed of it or when the interest came to an end.

(5) Regulations may provide—

(a) that the proportion mentioned in section 72(3)(d) above shall be different in so far as the sums received are in respect of the disposal of different classes of assets or of the repayment of different classes of grants or advances ;

(b) that sums received before a date specified in the regulations shall not be treated as received for the purposes of subsection (1) above ;

(c) that sums spent before a date specified in the regulations shall not be treated as spent for the purposes of subsection (1) above;

(d) that classes of assets shall be treated, or shall be treated to an extent specified in the regulations, as if they were mentioned in subsection (2) above in addition to or in substitution for those so mentioned;

(e) that classes of assets shall be treated, or shall be treated to an extent specified in the regulations, as if they were not mentioned in subsection (2) above ;

(f) that sums which are not capital receipts for the purposes of this Part of this Act by virtue of subsection (1) above shall be capital receipts for those purposes.

76 Specification of expenditure-supplementary

(1) It shall be the duty of the appropriate Minister to give an authority notice of the particulars of a specification under section 72 above in respect of any year before the beginning of the year in relation to which he makes the specification.

(2) So far as a specification relates to payments in respect of expenditure in England for the purpose of functions the responsibility for which is vested in the Minister of Transport, the specification shall be made by that Minister.

(3) In any other case a specification shall be made by the Secretary of State.

(4) References to the appropriate Minister in this section and section 72 above shall be construed in accordance with subsections (2) and (3) above.

77 Local authorities sharing expenditure

(1) This section has effect where by virtue of an agreement between two or more authorities to whom this Part of this Act applies any payment in respect of a specified amount of prescribed expenditure in respect of which a specification has been made under this Part of this Act as regards one of those authorities falls to be made by an authority other than the authority as regards whom the specification was made.

(2) Where an agreement such as is mentioned in subsection (1) above has been made, a specification made as regards one of the authorities who are parties to the agreement shall be treated as having been made as regards the authority by whom the payment falls to be made by virtue of the agreement and not as regards any other authority by whom it would fall to be made but for the agreement.

78 Power to give directions in relation to expenditure

(1) If the Secretary of State is of the opinion that an authority to whom this Part of this Act applies have failed or are likely to fail to fulfil the requirements of section 72 above in respect of any year, he may direct that after a date specified in the direction the authority—

(a) shall not make any payment in respect of prescribed expenditure if the amount of that payment, together with the amount of other payments of prescribed expenditure made in the same year, exceeds in aggregate the amounts which apply for that year under section 72(3)(a), (c) and (d) above as regards the authority ; and

(b) shall not enter into any contract for the carrying out of works of new construction, or undertake any such works the cost of which exceeds an amount specified in the direction ; and

(c) shall not enter into any contract under which they would incur liability to pay a sum or sums the amount of which exceeds an amount specified in the direction,

without the consent of the appropriate Minister.

(2) A direction under subsection (1) above may be varied or revoked by a further direction given by the Secretary of State.

(3) In this section " works of new construction " means building or engineering works involved in the construction or improvement of buildings and other structures or in the laying out, construction or improvement of highways and other land.

79 Payments etc. in contravention of direction under section 73 or 78

(1) Subject to subsection (2) below, it shall not be beyond the powers of an authority to make a payment or enter into a contract on the ground only that to do so would entail their making payments exceeding the aggregate mentioned in section 72(3) above.

(2) Subject to subsection (3) below, it shall be beyond the powers of an authority to make a payment or enter into a contract in contravention of a direction under section 73 or 78 above.

(3) A transaction between a person and an authority shall not be void by reason only that it was carried out in contravention of any such direction, and a person shall not be concerned to see or inquire whether such a direction has been given or complied with.

80 Valuation etc.

(1) Where an interest in or right over property is acquired then, for the purposes of this Part of this Act, the authority making the acquisition shall be taken to have paid an amount calculated as follows and shall not be taken to pay or to have paid any other amount on the acquisition; and any reference in this Part of this Act to a payment by an authority shall be construed as including a reference to a payment of an amount so calculated.

(2) A payment of an amount so calculated shall accordingly be treated as an item of account within the meaning of section 161 of the [1972 c. 70.] Local Government Act 1972 (powers of district auditor and the court).

(3) Where the acquisition is of an interest in land which consists of the fee simple absolute in possession, and the consideration for the acquisition is money alone, the amount is the consideration (whenever and however payable).

(4) Where the acquisition is—

(a) of a freehold interest in land and the consideration for the acquisition is not money alone, or

(b) of some other interest in or right over land and the interest or right confers a right to occupy the land,

the amount is the money consideration which would be obtained for the freehold interest in the land if the interest were sold on the open market by a willing seller at the time of the acquisition.

(5) This subsection applies where—

(a) the acquisition is of a leasehold interest in land ; and

(b) it is intended at the time of the acquisition that some person shall erect a building on the land for the authority.

(6) Where subsection (5) above applies, the authority shall be taken to make—

(a) on 31st March following the acquisition, a payment of an amount equal to the total value of any work carried out in respect of the building since the acquisition ; and

(b) on 31st March in each subsequent year, a payment of an amount equal to the difference between the total value of any work carried out by that date in respect of the building and the total value of any work carried out in respect of it by 31st March in the previous year.

(7) Any amount which by virtue of subsection (6) above an authority are to be taken to pay in respect of an acquisition is in addition to any amount calculated in accordance with subsection (4) above which they are to be taken to pay in respect of that acquisition.

(8) Where the acquisition is of an interest in or right over land and the interest or right does not confer a right to occupy the land, the amount is nil.

(9) Where the acquisition is of the property in goods under a contract of sale, the amount is the consideration (whenever and however payable).

(10) Where an acquisition is—

(a) of the property in goods under a contract other than one of sale, or

(b) of an interest in or right over goods other than the property in them,

the amount is the consideration which would be realised for the goods if they were sold (under a contract of sale) on the open market by a willing seller at the time of the acquisition.

(11) Where the acquisition is—

(a) by gift, or

(b) by deed and for no consideration other than the presumed consideration imported by the deed,

the amount is nil.

(12) Where the acquisition is of a right or interest not exceeding one year in duration, the amount is nil; but if such a right or interest is extended so as to exceed one year in duration, or if an authority acquire a right or interest to commence on the expiry of another and the two together exceed one year in duration, the authority shall be taken to acquire (on the date the extension, or the subsequent right or interest, is acquired) a right or interest exceeding one year in duration.

(13) Where by virtue of this section the amount is other than nil, and the acquisition is made in pursuance of an option to acquire, the amount also includes any consideration for the option (whenever payable).

(14) In subsection (4) above references to a freehold interest in land are to the fee simple absolute in possession (subject to any existing rights other than rights under a mortgage or charge to secure the payment of money).

(15) In subsections (9) and (10) above " property " (in relation to goods) means the general property in them and not merely a special property.

(16) For the purposes of this Part of this Act, the right to use any property is to be treated as an interest in the property.

(17) For the purposes of this Part of this Act, an interest in or right over property is acquired when an authority become entitled under the contract concerned to the immediate or future transfer of the interest or exercise of the right or to the immediate or future use of the property.

81 Expenditure of Greater London Council and London Transport Executive

Schedule 13 to this Act shall have effect.

82 Other Passenger Transport Executives and their subsidiaries

(1) For the purposes of this Part of this Act—

(a) any payment, acquisition or disposal by a Passenger Transport Executive whose area is either the whole or part of one county shall be treated as having been made by the county council;

(b) any receipt, contract or liability of an Executive shall be treated as a receipt, contract or liability of that council;

(c) any termination of an interest of an Executive shall be treated as the termination of an interest of that council; and

(d) any repayment to an Executive shall be treated as a repayment to that council.

(2) Subject to subsection (3) below, for the purposes of this Part of this Act

(a) any payment, acquisition or disposal by a Passenger Transport Executive established by an order under section 9 of the [1968 c. 73.] Transport Act 1968 shall be treated as having been made by all the county councils any part of whose area is within the Executive's area ;

(b) any receipt, contract or liability of such an Executive shall be treated as a receipt, contract or liability of all those councils ; and

(c) any termination of an interest of such an Executive shall be treated as the termination of an interest of all those councils; and

(d) any repayment to such an Executive shall be treated as a repayment to all those councils.

(3) Subsection (2) above shall have effect in relation to a Passenger Transport Executive and to the county councils any part of whose area is within the Executive's areas subject to and in accordance with the provisions of the order establishing the Executive.

(4) Any reference to a Passenger Transport Executive in subsections (1) to (3) above includes a reference to a company which is a wholly-owned subsidiary of such an Executive, as defined in section 159 (1) of the [1968 c. 73.] Transport Act 1968.

(5) References to an authority in this Part of this Act shall be construed in accordance with this section.

83 Submission to Passenger Transport Authority of proposals to acquire certain interests in land or goods

(1) Any proposal by a Passenger Transport Executive or any subsidiary of such an Executive to acquire—

(a) an interest in or right over land, other than a freehold interest, where the interest or right confers a right to occupy the land ; or

(b) an interest in or right over goods other than the property in them,

shall be treated as being a proposal involving an outlay on capital account for the purposes of section 15(1)(c) of the Transport Act 1968 (proposals for expenditure involving substantial outlay on capital account to be submitted by Executive for approval of Passenger Transport Authority.)

(2) In subsection (1) above "freehold interest" has the meaning assigned to it by subsection (14) of section 80 above and " property " has the meaning assigned to it by subsection (15) of that section.

84 Regulations under Part VIII

(1) Any power to make regulations under this Part of this Act (including Schedule 12 to this Act) shall be exercisable by statutory instrument.

(2) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any such regulations may make different provision in relation to England and to Wales.

(4) Subject to subsection (5) below, any such regulations shall be made by the Secretary of State.

(5) So far as any such regulations relate to expenditure by any body in England for the purpose of functions the responsibility for which is vested in the Minister of Transport, they shall be made by the Secretary of State and that Minister.

(6) In this Part of this Act" prescribed " (except in the phrase " prescribed expenditure") means prescribed by regulations.

85 Part VIII-supplementary

(1) This Part of this Act shall come into force on such day as the Secretary of State and the Minister of Transport may by order made by statutory instrument appoint and different days may be so appointed for different provisions and for different purposes; and any reference in any provision of this Part of this Act to the commencement date is a reference to the day appointed under this section for the coming into operation of that provision or, if different days are so appointed for different purposes of that provision, the day appointed for the purpose in question.

(2) In this Part of this Act " year " means a period of 12 months beginning with 1st April.

(3) This Part of this Act extends to England and Wales only.

PART IX Town and Country Planning

Allocation of planning functions

86 Distribution of planning functions between planning authorities

(1) The following sub-paragraphs shall be substituted for sub-paragraph (3) of paragraph 15 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972: —

“(3) Every application mentioned in sub-paragraph (1) above shall be made to the district planning authority.

(3A) The district planning authority shall send to the county planning authority, as soon as may be and in any case not later than seven days after they have received it, a copy of any application for planning permission which appears to them to relate to a county matter.

(3B) Subject to sub-paragraph (3C) below, the district planning authority shall send to the local highway authority, as soon as may be after they have received it, a copy of any application for planning permission which does not appear to them to relate to a county matter.

(3C) If the local highway authority specifies any case or class of case in which a copy of such an application as is mentioned in sub-paragraph (3B) above need not be sent to them, the duty imposed on the district planning authority by that sub-paragraph shall not extend to any application to which the direction relates.”.

(2) The following paragraph shall be substituted for paragraph 19 of that Schedule (power of county planning authority to give directions as to determination of planning application where it appears to the authority that any proposals in the application would substantially and adversely affect their interests as local planning authority): —

“19 (1) Subject to sub-paragraph (3) below, the district planning authority shall consult the county planning authority for their area before determining any application to which this sub-paragraph applies.

(2) Sub-paragraph (1) above applies to any application for planning permission for the carrying out—

(a) of any development of land which would materially conflict with or prejudice the implementation—

(i) of any policy or general proposal contained in a structure plan which has been approved by the Secretary of State ;

(ii) of any policy or general proposal contained in a structure plan which has been submitted to the Secretary of State for approval;

(iii) of any proposal to include in a structure plan any matter to which the county planning authority have given publicity under section 8 (publicity in connection with preparation of structure plans) or under that section as applied by section 10 (alteration of structure plans);

(iv) of a fundamental provision of a development plan which has been approved by the Secretary of State (whether under Part I of Schedule 5 or under any enactment replaced by that Part of that Schedule) so far as the development plan is in force in the district planning authority's area;

(v) of any proposal contained in a local plan which has been prepared by the county planning authority (whether or not the plan has been adopted by the authority or approved by the Secretary of State);

(vi) of any proposal to include in a local plan which the county planning authority are preparing any matter to which they have given publicity under section 12 (publicity in connection with preparation of local plans) ;

(vii) of any proposal to include in alterations which the county planning authority are proposing for a local plan any matter to which they have given publicity under the said section 12 as applied by section 15 (publicity in connection with alteration of local plans);

(b) of any development of land which would, by reason of its scale or nature or the location of the land, be of major importance for the implementation of a structure plan which has been approved by the Secretary of State;

(c) of any development of land in an area which the county planning authority have notified to the district planning authority, in writing, as an area in which development is likely to affect or be affected by the winning and working of minerals, other than coal;

(d) of any development of land which the county planning authority have notified the district planning authority, in writing, that they themselves propose to develop;

(e) of any development of land which would prejudice the carrying out of development proposed by the county planning authority and notified to the district planning authority under paragraph (d) above;

(f) of any development of land in England in respect of which the county planning authority have notified the district planning authority, in writing, that it is proposed that it shall be used for waste disposal;

(g) of any development of land which would prejudice a proposed use of land for waste disposal notified to the district planning authority under paragraph (f) above.

(3) The district planning authority may determine an application to which sub-paragraph (1) above applies without the consultation required by that sub-paragraph if the county planning authority have given them directions authorising them to do so.

(4) A direction under sub-paragraph (3) above may relate to a class of applications or to a particular application.

(5) Subject to sub-paragraph (6) below, where the district planning authority are required to consult the county planning authority before determining an application for planning permission—

(a) they shall give the county planning authority notice that they propose to consider the application and send them a copy of it; and

(b) they shall not determine it until the expiration of such period from the date of the notice as a development order may provide.

(6) A district planning authority may determine an application for planning permission before the expiration of such a period as is mentioned in sub-paragraph (5)(b) above—

(a) if they have received representations concerning the application from the county planning authority before the expiration of that period ; or

(b) if the county planning authority have notified them that they do not wish to make representations.

(7) Where a district planning authority are required to consult the county planning authority before determining an application for planning permission, they shall in determining it take into account any representations relating to it which they have received from the county planning authority before the expiration of the period mentioned in subparagraph (5)(b) above.

(8) In this paragraph " development order " has the meaning assigned to it by section 24 of the Town and Country Planning Act 1971.”.

(3) It shall be the duty of a local planning authority when exercising their functions under section 29 of the [1971 c. 78.] Town and Country Planning Act 1971 (determination of applications) to seek the achievement of the general objectives of the structure plan for the time being in force for their area.

(4) In paragraph 32 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972 (definition of " county matter ")—

(a) the following sub-paragraph shall be inserted after subparagraph (a)—

“(ad) the use of land, or the erection of any building, plant or machinery on land, for the carrying out of any process for the preparation or adaptation for sale of any mineral or the manufacture of any article from a mineral where—

(i) the land forms part of or adjoins a site used or proposed to be used for the winning and working of minerals ; or

(ii) the mineral is, or is proposed to be, brought to the land from a site used, or proposed to be used, for the winning and working of minerals by means of a pipeline, conveyor belt, aerial ropeway, or similar plant or machinery, or by private road, private waterway or private railway ;”;

(b) the following sub-paragraphs shall be inserted after subparagraph (c): —

“(ca) the use of land for any purpose required in connection with the transport by rail or water of aggregates (that is to say, any of the following, namely—

(i) sand and gravel;

(ii) crushed rock;

(iii) artificial materials of appearance similar to sand, gravel or crushed rock and manufactured or otherwise derived from iron or steel slags, pulverised fuel ash, clay or mineral waste),

or the erection of any building, plant or machinery which it is proposed to use in connection therewith;

(cb) the erection of any building, plant or machinery which it is proposed to use for the coating of roadstone or the production of concrete or of concrete products or artificial aggregates, where the building, plant or machinery is to be erected in or on land which forms part of or adjoins a site used or proposed to be used—

(i) for the winning and working or minerals ; or

(ii) for any of the purposes mentioned in sub paragraph (ca) above;

(cc) the erection of any building, plant or machinery which it is proposed to use for the manufacture of cement;

(cd) the carrying out of operations in, on, over or under land, or a use of land, where the land is or forms part of a site used or formerly used for the winning and working of minerals and where the operations or use would conflict with or prejudice compliance with any condition imposed on a planning permission requiring the restoration of the land when the winning and working of minerals has ceased;”;

(c) sub-paragraph (d) (by virtue of which the carrying out of operations or a use of land is a county matter if it would conflict or be inconsistent with certain county plans and policies) shall cease to have effect.

(5) Nothing in the general transfer provisions shall prevent a county planning authority determining an application to which this subsection applies after the commencement date if it was made before that date.

(6) Subsection (5) above applies to any application which relates to a transferred matter and which is of a description mentioned in paragraph 15(1)(a), (b) or (c) of Schedule 16 to the [1972 c. 70.] Local Government Act 1972.

(7) The following paragraphs shall be inserted after paragraph 7 of Schedule 3 to the [1971 c. 78.] Town and Country Planning Act 1971 (reference of applications for planning permission to Secretary of State and Greater London Council): —

“7A Where the Secretary of State provides by regulations under paragraph 7 above that particular applications for planning permission or a particular class of such applications shall be referred to him or to the Greater London Council, the regulations may provide that applications satisfying such conditions as may be specified in the regulations need not be so referred.

Requirement of consultation between Greater London Council and London borough councils with regard to certain applications

7B (1) Where a development order requires the council of a London borough to consult the Greater London Council before determining any application for planning permission belonging to a particular class of applications specified in the order, the council of a borough may determine an application falling within that class without the consultation required by the order if the Greater London Council have given them directions authorising them to do so.

(2) A direction under sub-paragraph (1) of this paragraph may relate to a class of applications or to a particular application.

(3) Subject to sub-paragraph (4) of this paragraph, where the council of a London borough are required to consult the Greater London Council before determining an application for planning permission—

(a) they shall give the Greater London Council notice that they propose to consider the application and send them a copy of it; and

(b) they shall not determine it until the expiration of such period from the date of the notice as a development order may provide.

(4) The council of a London borough may determine an application for planning permission before the expiration of such a period as is mentioned in sub-paragraph (3) (b) of this paragraph—

(a) if they have received representations concerning the application from the Greater London Council before the expiration of that period ; or

(b) if the Greater London Council have notified them that they do not wish to make representations.

(5) Where the council of a London borough are required to consult the Greater London Council before determining an application for planning permission, they shall in determining it take into account any representations relating to it which they have received from the Greater London Council before the expiration of the period mentioned in sub-paragraph (3)(b) of this paragraph.”.

(8) Subject to subsection (10) below, the provisions to which this subsection applies shall come into operation on the commencement date.

(9) The provisions to which subsection (8) above applies are—

(a) the general transfer provisions ;

(b) the Greater London provisions ; and

(c) paragraph 4 of Schedule 15 below.

(10) A development order required to be made for the purposes of any of the provisions to which subsection (8) above applies may be made before the commencement date.

(11) In this section—

• " the commencement date " means the date on which there expires the period of two months beginning with the day on which this Act is passed;

• " the general transfer provisions " means—

  (a)

  subsections (1) to (4) above ; and

  (b)

  paragraphs 12, 13, 15, 16 and 20 of Schedule 15 below;

• " the Greater London provisions " means—

  (a)

  subsection (7) above ; and

  (b)

  paragraph 24 of Schedule 15 below ; and

• " transferred matter" means a matter which before the commencement date is a county matter, as defined in paragraph 32 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972, but which ceases to be a county matter in consequence of the provisions of this Part of this Act.

Planning fees

87 Fees for planning applications etc.

(1) The Secretary of State may by regulations make such provision as he thinks fit for the payment of a fee of the prescribed amount to a local planning authority in England or Wales or a planning authority in Scotland in respect of an application made to them under the planning enactments for any permission, consent, approval, determination or certificate.

(2) Regulations under subsection (1) above may provide for the transfer—

(a) of prescribed fees received in respect of any description of application by an authority in England or Wales to whom applications fall to be made to any other authority by whom applications of that description fall to be dealt with;

(b) of prescribed fees received in respect of any application or class of applications by a district planning authority in Scotland to a regional planning authority where the regional planning authority have exercised the powers conferred upon them by section 179(1) of the [1973 c. 65.] Local Government (Scotland) Act 1973.

(3) The Secretary of State may by regulations make such provision as he thinks fit for the payment to him of a fee of the prescribed amount in respect of an application for planning permission which is deemed to be made to him under the planning enactments.

(4) Regulations under subsection (1) or (3) above may provide for the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances.

(5) Regulations under subsection (1) or (3) of this section shall be made by statutory instrument.

(6) No such regulations shall be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.

(7) Any sum paid to the Secretary of State under this section shall be paid into the Consolidated Fund.

(8) In this section " the planning enactments " means—

(a) in England and Wales, the [1971 c. 78.] Town and Country Planning Act 1971 and orders and regulations made under it; and

(b) in Scotland, the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 and orders and regulations made under it,

and " prescribed " means prescribed by regulations under subsection (1) or (3) of this section.

Surveys and structure plans and local plans

88 Local plans-expedited procedure

(1) The following sections shall be inserted after section 15 of the Town and Country Planning Act 1971: —

“15A Local plans-expedited procedure.

(1) Where—

(a) a local planning authority have prepared a local plan; and

(b) the Secretary of State gives them a direction authorising them to take such steps preliminary to its adoption as are mentioned in section 12(2) of this Act; and

(c) at the time when he gives them that direction he has not approved the structure plan so far as it relates to the area of the local plan,

they may take those steps and adopt the local plan, whether or not the Secretary of State approves the structure plan first.

(2) Where—

(a) a local planning authority have prepared proposals for the repeal of a local plan and its replacement with a new local plan ; and

(b) the Secretary of State gives them a direction authorising them to take such steps preliminary to its repeal and replacement as are mentioned in section 12(2) of this Act; and

(c) at the time when he gives them that direction he has not approved the structure plan so far as it relates to the area of the new local plan,

they may take those steps and repeal the existing plan and adopt the new one, whether or not the Secretary of State approves the structure plan first.

(3) Where—

(a) a local planning authority have prepared proposals—

(i) for the alteration of a local plan; or

(ii) for the repeal of a local plan without its replacement with a new plan ; and

(b) the Secretary of State gives them a direction authorising them to take such steps preliminary to the alteration or, as the case may be, the repeal of the local plan as are mentioned in section 12(2) of this Act; and

(c) at the time when he gives them that direction he has not approved the structure plan so far as it relates to the area of the local plan,

they may take those steps and adopt the proposals, whether or not the Secretary of State approves the structure plan first.

(4) The powers conferred by subsections (1) to (3) of this section may be exercised by a district planning authority notwithstanding that they have not obtained a certificate under section 14(5) or (7) of this Act, but subject to the other provisions of that section and to the provisions of sections 12 and 13 of this Act.

(5) Before adopting—

(a) a local plan; or

(b) proposals for the repeal or alteration of a local plan,

in exercise of the powers conferred on them by this section, a local planning authority shall make such modifications to the plan (if any) as may be necessary to make it conform generally to the structure plan as it stands for the time being.

(6) Where this section applies, if the Secretary of State has approved the structure plan so far as it relates to the area of the local plan, but proposals for its alteration, repeal or replacement, so far as it relates to that area, have been prepared and submitted to the Secretary of State, he may direct that such of the provisions of this Act mentioned in subsection (4) of this section as are applicable shall have effect as respects the local planning authority's exercise of their powers under this section as if the proposals for alteration, repeal or replacement of the structure plan had been approved by him.

(7) The provisions of this Act mentioned in subsection (3) above are—

(a) section 11(9);

(b) paragraph l1(4)(a) of Schedule 4 ; and

(c) section 14(2) and (5) to (7).

(8) If the Secretary of State thinks fit, a direction under subsection (6) of this section may specify modifications which the local planning authority are to make to a local plan or to proposals for the alteration, repeal or replacement of such a plan before adopting the plan or the proposals, for the purpose of bringing the local plan into general conformity with the structure plan as it will be after alteration, or, if the structure plan is to be repealed and replaced, for the purpose of bringing the local plan into general conformity with the new structure plan as it stands for the time being.

(9) Before giving a direction under this section, the Secretary of State shall consult—

(a) every county planning authority and district planning authority whose area includes any land to which the local plan relates ; or

(b) if the land to which the local plan relates is in Greater London, the Greater London Council and every London borough council in whose area the land is situated.

15B Conformity between plans—supplementary.

(1) It shall be the duty of a county planning authority—

(a) on the approval of a structure plan, to consider whether any local plan which has been adopted for part of the area to which the structure plan relates, or which has been approved by the Secretary of State for part of that area, conforms generally to the structure plan ; and

(b) on the approval of proposals for the alteration of a structure plan, to consider whether any local plan which has been adopted for an area affected by the alterations, or which has been approved by the Secretary of State for such an area, conforms generally to the structure plan as altered.

(2) Not later than the expiration of the period of one month from the date on which the county planning authority receive notice of the Secretary, of State's approval of a structure plan they shall send—

(a) to the Secretary of State ; and

(b) to every district planning authority who prepared for any part of the area to which the structure plan relates a local plan which has been adopted or which has been approved by the Secretary of State,

a copy—

(i) of a list specifying every such local plan as is mentioned in subsection (1)(a) of this section which they certify to conform generally to the structure plan; and

(ii) of a list specifying every such plan which in their opinion does not so conform.

(3) Not later than the expiration of the period of one month from the date on which the county planning authority receive notice of the Secretary of State's approval of proposals for the alteration of a structure plan, they shall send—

(a) to the Secretary of State; and

(b) to every district planning authority who prepared a local plan which has been adopted or which has been approved by the Secretary of State and which is for an area which will be affected by the alterations,

a copy—

(i) of a list specifying every such local plan as is mentioned in subsection (1)(b) of this section which they certify to conform generally to the structure plan as. altered; and

(ii) of a list specifying every such plan which in their opinion does not so conform.”.

(2) Accordingly—

(a) in subsection (2) of section 12 of that Act (publicity in connection with preparation of local plans), after the word " and ", in the first place where it occurs, there shall be inserted the words " , subject to section 15A of this Act, " ; and

(b) in subsection (2) of section 14 (adoption and approval of local plans) and in subsection (3) of section 15 (which applies certain provisions in relation to the making of proposals for the alteration of local plans and to alterations so proposed), for the word " The ", in the first place where it occurs in each subsection, there shall be substituted the words " Subject to section 15A of this Act, the ".

(3) Section 12 of the [1978 c. 50.] Inner Urban Areas Act 1978 (which is superseded by the first of the sections inserted in the [1971 c. 78.] Town and Country Planning Act 1971 by this section) shall cease to have effect, but its repeal shall not affect any direction given under it before the passing of this Act.

89 Additional amendments relating to surveys and plans

The amendments relating to surveys and plans contained in Schedule 14 to this Act shall have effect.

General planning amendments

90 Planning-general

The further amendments relating to planning contained in Schedule 15 to this Act shall have effect.

Compulsory acquisition

91 Amendments relating to compulsory acquisition

(1) The following subsections shall be substituted for section 112(1) of the [1971 c. 78.] Town and Country Planning Act 1971 (compulsory acquisition by local authority of land for development etc.)—

“(1) A local authority to whom this section applies shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a) any land which is in their area and which is suitable for and is required in order to secure the carrying out of one or more of the following activities, namely, development, re-development and improvement ;

(b) any land which is in their area and which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

(1A) A local authority and the Secretary of State in considering for the purposes of subsection (1)(a) above whether land is suitable for development, re-development or improvement shall have regard—

(a) to the provisions of the development plan, so far as material;

(b) to whether planning permission for any development on the land is in force ; and

(c) to any other considerations which, on an application for planning permission for development on the land, would be material for the purpose of determining that application.

(1B) Where a local authority exercise their power under subsection (1) of this section in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a) any land adjoining that land which is required for the purpose of executing works for facilitating its development or use ; or

(b) where that land forms part of a common or open space or fuel or field garden allotment, any land which is required for the purpose of being given in exchange for the land which is being acquired.

(1C) It is immaterial by whom the local authority propose that any activity or purpose mentioned in subsection (1) or (1B) (a) of this section should be undertaken or achieved (and in particular the local authority need not propose to undertake an activity or to achieve that purpose themselves).”.

(2) Where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act, sections 112 and 119 of the [1971 c. 78.] Town and Country Planning Act 1971 shall apply as they applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

Amendments of Town and Country Planning (Scotland) Act 1972

92 Town and Country Planning-Scotland

(1) In section 24 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (notification of applications to owners and agricultural tenants) the following paragraph shall be inserted in place of paragraph id) of subsection (1): —

“(a) a certificate stating that at the beginning of a period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates ;”.

(2) In subsection (7) of the said section 24 (definition of " owner ") for the words from " entitled " to " in the land " there shall be substituted the words " who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of the undertaking and any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than seven years ".

(3) Subsections (1) and (2) above shall not apply to an application for planning permission made before the commencement of this Act.

(4) The following subsections shall be substituted for section 102(1) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (compulsory acquisition by local authorities of land for development etc.): —

“(1) A local authority to whom this subsection applies shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a) any land within their area which is suitable for and is required in order to secure the carrying out of one or more of the following activities, namely, development, redevelopment and improvement ;

(b) any land which is in their area and which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

(1A) A local authority and the Secretary of State in considering for the purposes of subsection (1)(a) above whether land is suitable for development, re-development or improvement shall have regard—

(a) to the provisions of the development plan, so far as material;

(b) to whether planning permission for any development on the land is in force ; and

(c) to any other consideration which, on an application for planning permission for development on the land, would be material for the purpose of determining that application.

(1B) Where a local authority exercise their powers under subsection (1) above in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a) any land adjoining that land which is required for the purposes of executing works for facilitating its development or use ; or

(b) where the land forms part of a common or open space, any land which is required for the purpose of being given in exchange for the land which is being acquired.

(1C) It is immaterial by whom the local authority propose any activity or purpose mentioned in subsection (1) or (1B)(a) above is to be undertaken or achieved (and in particular the local authority need not propose to undertake that activity or achieve that purpose themselves).”.

(5) Where a compulsory purchase order has been made or missives have been entered into for the acquisition of land before the passing of this Act, sections 102 and 109 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 shall continue to apply as they applied immediately before the passing of this Act which shall for this purpose be treated as not having been passed.

(6) In section 113(6) of that Act after the words "section 102(1)(a) ", the words " to (c) " shall be omitted.

(7) In section 183(2)(d) of that Act (grounds of objection to blight notice) after the word " that" (where it first appears) there shall be inserted the words " (in the case of land falling within paragraph (a) or (c) but not (e), (f) or (h) of section 181(1) of this Act) " and for " ten " there shall be substituted " fifteen ".

(8) Subsection (7) above does not apply to a counter notice served under the said section 183 before the passing of this Act.

(9) Section 87 above extends to Scotland, and this section extends to Scotland only but, subject to that, this Part of this Act does not extend to Scotland.

PART X Land Held by Public Bodies

93 Public bodies to whom Part X applies

(1) This Part of this Act applies to any body for the time being specified in Schedule 16 to this Act.

(2) The Secretary of State may by order made by statutory instrument amend Schedule 16 to this Act—

(a) by adding an entry naming a public body not for the time being specified in the Schedule;

(b) by amending or deleting any entry for the time being contained in the Schedule.

(3) A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Before making an order under subsection (2) above, the Secretary of State shall send written notification that he proposes to make the order to any body to whom this Part of this Act would apply by virtue of the order.

(5) Any body specified in a notification under subsection (4) above may make representations to the Secretary of State within a period of 42 days from the date of the notification.

(6) Where the Secretary of State has sent a notification under subsection (4) above to a body, he may not make the order to which the notification relates until the expiration of the period specified in subsection (5) above.

94 Areas in which Part X is to operate

(1) This Part of this Act shall come into operation in accordance with subsection (2) below.

(2) The Secretary of State may by order made by statutory instrument direct that this Part of this Act shall come into operation in the area of any district council or London borough council specified in the order.

(3) A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The City of London shall be treated for the purposes of this section as if it were a London borough and as if the Common Council were the council of that borough.

95 Registration of land holdings

(1) The Secretary of State may compile and maintain a register, in such form as he may think fit, of land which satisfies the conditions specified in subsection (2) below.

(2) The conditions mentioned in subsection (1) above are—

(a) that a freehold or leasehold interest in the land is owned by a body to which this Part of this Act applies or a subsidiary of such a body ;

(b) that it is situated in an area in relation to which this Part of this Act is in operation or is not so situated but adjoins other land which is so situated and in which a freehold or leasehold interest is owned by a body to which this Part of this Act applies or a subsidiary of such a body; and

(c) that in the opinion of the Secretary of State the land is not being used or not being sufficiently used for the purposes of the performance of the body's functions or of carrying on their undertaking.

(3) The Secretary of State may enter on the register any such land satisfying the conditions specified in subsection (2) above as he may think fit.

(4) The Secretary of State may also enter on the register any Crown land situated in an area in relation to which this Part of this Act is in operation or not so situated but adjoining other Crown land which is so situated.

(5) The information to be included in the register in relation to any land entered on it shall be such as the Secretary of State thinks fit.

(6) In this section "Crown land " means land belonging to a government department or to a body who perform their functions on behalf of the Crown or held on trust for Her Majesty for the purposes of a government department; and in this subsection " government department" includes any Minister of the Crown.

96 Public access to information

(1) The Secretary of State shall send to a council in respect of whose area a register is maintained under section 95 above—

(a) a copy of that register; and

(b) such amendments to it as he may from time to time consider appropriate.

(2) It shall be the duty of a council to whom amendments to a register are sent under subsection (1)(b) above to incorporate the amendments in their copy of the register.

(3) A copy of a register sent to a council under this section shall be available at the council's principal office for inspection by any member of the public at all reasonable hours.

(4) If any member of the public requires a council to supply him with a copy of any information contained in such a copy of a register, the council shall supply him with a copy of that information on payment of such reasonable charge for making it as the council may determine.

97 Power of Secretary of State to require information

If it appears to the Secretary of State possible that a body to whom this Part of this Act applies or a subsidiary of such a body may hold a freehold or leasehold interest in land—

(a) which is situated in an area in relation to which this Part of this Act is in operation; or

(b) which is not so situated but adjoins other land which is so situated and in which it appears to the Secretary of State that such an interest is held by the body or by one of their subsidiaries,

he may direct the body to give him such information as he may specify as to whether such an interest is held by them or by any of their subsidiaries and such information as he may specify about any land in which such an interest is so held.

98 Disposal of land at direction of Secretary of State

(1) The Secretary of State may direct a body to whom this Part of this Act for the time being applies—

(a) to take steps for the disposal of the interest held by them in any land which is for the time being entered on a register maintained by him under section 95 above or any lesser interest in such land ; or

(b) to ensure that a subsidiary of theirs takes steps for the disposal of the interest held by the subsidiary in any land which is for the time being entered on such a register or any lesser interest in such land,

being, in either case, steps which it is necessary to take to dispose of the interest and which it is in their power to take.

(2) A direction under this section may specify the steps to be taken for the disposal of an interest in land and the terms and conditions on which an offer to dispose of it is to be made.

(3) A direction under this section may be varied or revoked by a further direction.

(4) The power to give directions conferred by this section is in addition to and not in derogation from any such power conferred by any other enactment.

(5) In this section and section 99 below references to the disposal of an interest in land include references to the grant of an interest in land.

99 Directions to dispose of land-supplementary

(1) Before giving a direction to a body under section 98 above, the Secretary of State shall give them notice of his proposal to give the direction and of its proposed contents.

(2) A body who receive a notice under subsection (1) above may make representations to the Secretary of State as to why the proposed direction should not be given or as to its proposed contents.

(3) If the body do not make such representations within a period of 42 days from the date of the notice or within such longer period as the Secretary of State may in any particular case allow, the Secretary of State may give the direction as proposed.

(4) lf—

(a) a county council;

(b) a district council;

(c) the Greater London Council;

(d) a London borough council or the Common Council of the City of London ;

(e) the Commission for the New Towns, a development corporation established under the [1965 c. 59.] New Towns Act 1965 or an urban development corporation established under this Act; or

(f) any authority, body or undertakers in relation to whom the Secretary of State is the appropriate Minister,

have made representations under subsection (2) above, the Secretary of State may not give a direction unless he is satisfied that the interest to which the direction would relate can be disposed of in the manner in which and on the terms and conditions on which he proposes that it shall be disposed of without serious detriment to the performance of their functions or the carrying on of their undertaking.

(5) If any other body to whom this Part of this Act applies have made such representations, the Secretary of State may not give a direction unless the appropriate Minister certifies that the interest to which the direction would relate can be disposed of in the manner in which and on the terms and conditions on which he proposes that it shall be disposed of without serious detriment to the performance of their functions or the carrying on of their undertaking.

(6) In this section " the appropriate Minister "—

(a) in relation to any body who are statutory undertakers for the purposes of any provision of Part XI of the [1971 c. 78.] Town and Country Planning Act 1971, shall have the same meaning as in that Part of that Act, and

(b) in relation to any other body, shall have the meaning given by an order under this section made by statutory instrument by the Secretary of State with the concurrence of the Treasury.

(7) A statutory instrument containing an order under subsection (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

100 Interpretation and extent of Part X

(1) In this Part of this Act—

• " subsidiary ", in relation to a body to whom this Part of this Act applies, means a wholly-owned subsidiary of that body; and

• " wholly-owned subsidiary " has the meaning assigned to it by section 150(4) of the [1948 c. 38.] Companies Act 1948.

(2) This Part of this Act extends to England and Wales only.

PART XI Community Land Act

101 Repeal

(1) The [1975 c. 77.] Community Land Act 1975 shall cease to have effect in accordance with Schedule 17 below.

(2) This section and Schedule 17 below shall not extend to Northern Ireland (except so far as they repeal any enactment so extending).

PART XII The Land Authority for Wales

The Authority

102 The Authority

(1) There shall continue to be a Land Authority for Wales.

(2) On the passing of this Act, the provisions of this Part of this Act shall apply to the Authority and, subject to those provisions, the [1975 c. 77.] Community Land Act 1975 shall cease to apply to the Authority.

(3) Schedule 18 below shall have effect with respect to the Authority.

(4) The Authority shall comply with any directions the Secretary of State may give requiring it to do one or both of the following: —

(a) perform its functions in particular circumstances (whether or not the circumstances have arisen at the time of the direction);

(b) perform its functions in a particular way.

(5) The Authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and its property shall not be regarded as property of, or property held on behalf of, the Crown.

Functions

103 The Authority's functions

(1) The Authority shall have the function of acquiring land in Wales which in its opinion needs to be made available for development, and of disposing of it to other persons (for development by them) at a time which is in the Authority's opinion appropriate to meet the need.

(2) Before it acquires the land, the Authority shall—

(a) consider whether the land would or would not in its opinion be made available for development if the Authority did not act,

(b) consider the fact that planning permission has or has not been granted in respect of the land or is likely or unlikely to be granted,

(c) (in a case where no planning permission has been granted in respect of the land) consult county and district councils in whose area the land is situated and consider their views,

(d) consider the needs of those engaged in building, agriculture and forestry and of the community in general.

(3) Where the Authority acquires land, then, before it is disposed of—

(a) the Authority may (with the Secretary of State's consent) execute works in respect of the land where it is of opinion that it is expedient to do so with a view to the subsequent disposal of the land to other persons for development by them, and

(b) the Authority shall manage and turn to account the land pending its disposal to other persons for development by them.

(4) The works mentioned in subsection (3) above include engineering works and works for the installation of roads, drains, sewers, gas supplies and electricity supplies, but do not include works consisting of the erection of buildings.

(5) If requested to do so by a public authority (within the meaning of Schedule 19 below) the Authority may advise the authority about disposing of any of the authority's land in Wales to other persons (for development by them), and may assist the authority to dispose of the land.

(6) The Authority may assist county and district councils in Wales in any assessment such a council makes of land which is in its area and which is in its opinion available and suitable for development.

(7) The Authority may charge a reasonable fee for any advice or assistance under subsection (5) or (6) above.

(8) A county or district council in Wales shall have power to enter into, and carry out, an agreement with the Authority whereby the council will, as agents of the Authority, perform any service or execute any works which the Authority could perform or execute by virtue of this Act.

(9) The Authority shall, without prejudice to its powers apart from this subsection, have power to do anything to facilitate, or anything which is conducive or incidental to, the performance of any of the Authority's functions.

Acquisition of land

104 Power of acquisition

(1) The Authority—

(a) shall have power to acquire by agreement, or

(b) on being authorised to do so by the Secretary of State shall have power to acquire compulsorily,

any land which, in the Authority's opinion, is suitable for development.

(2) Where the Authority exercises or has exercised its powers under subsection (1) above in relation to any land, it shall have power to acquire by agreement or on being authorised to do so by the Secretary of State shall have power to acquire compulsorily—

(a) any land adjoining that land which is required for the purpose of executing works for facilitating its development or use;

(b) where that land forms part of a common or open space or fuel or field garden allotment, any land which is required for the purpose of being given in exchange therefor;

(c) new rights over land (that is, rights not previously in existence) required for the purpose of exercising the Authority's functions.

(3) The 1946 Act shall apply in relation to the compulsory acquisition of land in pursuance of this section as if—

(a) this section were contained in an Act in force immediately before the commencement of that Act;

(b) the Authority were a local authority.

(4) Schedule 20 below, in which—

(a) Part I modifies the 1946 Act as applied by subsection (3) above,

(b) Part II deals with the acquisition of land by agreement, and

(c) Part III contains supplemental provisions as respects land acquired under this section,

shall have effect.

105 Requisitioning of sewers

In section 16 of the [1973 c. 37.] Water Act 1973 (water authority's duty to provide sewer)—

(a) at the end of subsection (1)(b) there shall be added “or (bb) if—

(i) the Land Authority for Wales are the owners of the premises at the relevant time; and

(ii) the Land Authority require the authority to provide a public sewer for the drainage of new buildings proposed to be erected on the premises by any person; and

(iii) the conditions mentioned in subsection (3) below (as modified by subsection (3 A) below) are satisfied ; or”;

(b) in subsection (3), after the words " paragraph (b) " there shall be inserted the words " or, subject to subsection (3A) below, paragraph (bb) ";

(c) the following subsection shall be inserted after that subsection:—

“(3A) Where the Land Authority for Wales are the owners of the premises at the relevant time, subsection (3)(a) above shall have effect as if the words " or by any other person " were inserted after the word " owners " , in the second place where it occurs.”; and

(d) at the end of subsection (11) there shall be added " and " relevant time " in relation to land owned by the Land Authority for Wales, means the time when the Land Authority require the water authority to provide a public sewer as mentioned in subsection (1)(bb) above.".

Miscellaneous

106 Further provisions

The further provisions contained in Schedule 21 below (provisions about finance, accounts, records, information, etc. in relation to the Authority) shall have effect.

107 Financial provisions

(1) Any expenses of the Secretary of State under this Part of this Act shall be paid out of money provided by Parliament.

(2) Any sum paid to the Secretary of State under this Part of this Act shall except as otherwise expressly provided, be paid into the Consolidated Fund.

108 Interpretation: statutory undertakers etc.

(1) In this Part of this Act, unless the context otherwise requires, " statutory undertakers " means—

(a) persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water.

(b) the British Airports Authority, the Civil Aviation Authority, the National Coal Board, the Post Office and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of the 1971 Act, and

(c) any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph,

and " statutory undertaking " shall be construed accordingly.

(2) In this Part of this Act the expression " the appropriate Minister ", and any reference to the Secretary of State and the appropriate Minister—

(a) in relation to any statutory undertakers who are also statutory undertakers for the purposes of any provision of Part XI of the 1971 Act, shall have the same meanings as in the said Part XI, and

(b) in relation to any other statutory undertakers, shall have the meanings given by an order made by the Secretary of State under this subsection.

(3) If, in relation to anything required or authorised to be done under this Part of this Act, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(4) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament

109 Interpretation: general

In this Part of this Act, unless the context otherwise requires, the following expressions have the following meanings: —

• " agriculture " has the meaning assigned to it by section 290 of the 1971 Act;

• " the Authority " means the Land Authority for Wales;

• " common " includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

• " development" has the meaning assigned to it by section 22 of the 1971 Act and cognate expressions shall be construed accordingly;

• " disposing " includes disposing by sale, exchange or lease and, in the case of a lease, by grant or assignment, and cognate expressions shall be construed accordingly;

• " fuel or field garden allotment" means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• " land" means any corporeal hereditatment, including a building and includes an interest in or right over land;

• " lease " includes an underlease or sublease and an agreement for a lease, underlease or sublease, but does not include an option to take a lease or a mortgage ;

• " the 1946 Act" means the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946;

• " the 1971 Act" means the [1971 c. 78.] Town and Country Planning Act 1971;

• " the 1975 Act" means the [1975 c. 77.] Community Land Act 1975;

• " open space " means any land laid out as a public garden or used for the purposes of public recreation, or land which is a disused burial ground.

110 Supplementary

The supplementary provisions (including savings and transitional provisions) in Schedule 22 below shall have effect

111 Extent

This Part of this Act (except paragraph 15 of Schedule 22) does not extend to Scotland or Northern Ireland.

PART XIII Land Compensation

112 Claims for compensation for depreciation

(1) Part I of the Act of 1973 and Part I of the Scottish Act of 1973 shall be amended as follows.

(2) In section 3(2) of each Act (no claim under Part I shall be made otherwise than in the claim period, that is to say, the period of two years beginning on the expiration of twelve months from the relevant date) for the words from " otherwise than " onwards there shall be substituted the words " before the expiration of twelve months from the relevant date ; and the day next following the expiration of the said twelve months is in this Part of this Act referred to as' the first claim day

(3) In section 1(1)(i) of each Act for the words " within the time limited " there shall be substituted the words " after the time provided ".

(4) In sections 3(3), 4(1) and (2), 12(4) and (5), 16(2) and 18(1) of the Act of 1973 and sections 3(3), 4(1) and (2), 14(2) and 16 of the Scottish Act of 1973 for the words " the beginning of the claim period" or " the first day of the claim period", wherever they occur, there shall be substituted the words " the first claim day " and in section 16(2) of the Act of 1973 and section 14(2) of the Scottish Act of 1973 for the words " the beginning of that period " there shall be substituted the words " that day ".

(5) In section 19(1) of the Act of 1973 and section 17(1) of the Scottish Act of 1973 the definition of " the claim period " shall be omitted and immediately before the definition of " highway " there shall be inserted the following definition—

• “' the first claim day ' has the meaning given in section 3(2) above;”.

(6) After section 19(2) of the Act of 1973 there shall be inserted the following subsection—

“(2A) For the purposes of the Limitation Act 1939, a person's right of action to recover compensation under this Part of this Act shall be deemed to have accrued on the first claim day.”.

(7) After section 17(2) of the Scottish Act of 1973 there shall be inserted the following subsection—

“(2A) Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make compensation under this Part of this Act, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the first claim day.”.

(8) In section 19(3) of the Act of 1973 and section 17(3) of the Scottish Act of 1973 the words from "but, if it does" onwards shall be omitted.

(9) Part I of each Act shall have effect without the amendments made by the preceding provisions of this section in cases where the relevant date was more than three years before the passing of this Act.

113 Claims for compensation for depreciation which are out of time on commencement date

(1) This section applies to any claim which is made under Part I of the Land Compensation Act on or after the commencement date where—

(a) the claim period for the claim has expired, or an event before which the claim should have been made has occurred, before that date ; and

(b) the public works to which the claim relates are a highway in respect of which the Minister or, in England, the Secretary of State was the appropriate highway authority; and

(c) the Minister is satisfied that the publicity given to the right to claim compensation in respect of those works and to the period within which and the events before which claims should be made was not such as to make potential claimants sufficiently aware of those matters.

(2) Where the claim period for a claim to which this section applies has expired before the commencement date, the Minister shall direct that Part I of the Land Compensation Act shall have effect—

(a) as if the claim had been made on the first day of the last twelve months of that period; and

(b) where the claimant's qualifying interest was acquired as mentioned in section 11 of the Land Compensation Act (interests acquired by inheritance) on or after that day, as if it had been so acquired before that day.

(3) Where the person who makes a claim to which this section applies has on or after 23rd June 1973 and before the commencement date—

(a) disposed of the qualifying interest in respect of which the claim is made ; or

(b) in the case of a qualifying interest in land which is not a dwelling, granted a tenancy of the land so that the interest remaining to him is not a qualifying interest; or

(c) in the case of a qualifying interest which is a qualifying tenancy within the meaning of section 12 of the Act of 1973, disposed of the freehold or extended lease acquired by him under Part I of the [1967 c. 88.] Leasehold Reform Act 1967,

the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on the day before the disposal or, as the case may be, the granting of the tenancy.

(4) Where the person who makes a claim to which this section applies has on or after 17th October 1972 and before 23rd June 1973—

(a) disposed of the qualifying interest in respect of which the claim is made ; or

(b) in the case of a qualifying interest in land which is not a dwelling, granted a tenancy of the land so that the interest remaining to him is not a qualifying interest,

the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on 23rd December 1973.

(5) Where the qualifying interest in respect of which a claim to which this section applies is made is a tenancy granted or extended for a term of years certain or, in Scotland, for a period of which—

(a) three years or more remained unexpired on the first day of the claim period or, as the case may be, the first claim day; and

(b) less than three years remains unexpired on the commencement date,

the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on the day on which three years of that term or period remained unexpired.

(6) In the case of a claim to which both subsection (2) and subsection (3) or subsection (5) above apply, the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on whichever of the days mentioned in those two subsections is the earlier.

(7) Any notice of a claim to which subsection (3), (4) or (5) above applies shall specify, in addition to the matters mentioned in section 3 of the Land Compensation Act, the date of the disposal, the date of the granting of the tenancy or, as the case may be, the date on which three years of the term or period remained unexpired.

(8) Section 8(1) of the Land Compensation Act (compensation payable once only in respect of the same works and the same land) shall have effect in relation to any claim to which this section applies as if any ex gratia payment made by the Minister or, as the case may be, the Secretary of State in respect of a claim which—

(a) was made before the commencement date in relation to the same works and the same land; and

(b) was disallowed on the ground that the claim period for the claim had expired, or an event before which the claim should have been made had occurred, before the day on which the claim was made,

had been a payment of compensation on that claim.

(9) Where compensation is payable on a claim to which this section applies, the compensation shall not carry interest under section 18(1) of the Act of 1973 or, as the case may be, section 16 of the Scottish Act of 1973 for the period beginning with the commencement date and ending with the date on which the claim is made unless either that period is a period of not more than six months or—

(a) the claimant had made a similar claim before the commencement date; and

(b) that claim was disallowed on the ground that the claim period for the claim had expired, or an event before which the claim should have been made had occurred, before the day on which the claim was made.

(10) For the purposes of the [1939 c. 21.] Limitation Act 1939, a person's right of action to recover compensation under Part I of the Act of 1973 on a claim to which this section applies shall be deemed to have accrued on the commencement date, and not, in any case to which section 19(2A) of the Act of 1973 applies, the first claim day.

(11) Section 6 of the [1973 c. 52.] Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make compensation under Part I of the Scottish Act of 1973 arising on a claim to which this section applies, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the commencement date, and not, in any case to which section 17(2A) of the said Scottish Act of 1973 applies, the first claim day.

(12) In this section—

• " commencement date " means the date of the passing of this Act;

• " the Minister " means the Minister of Transport in relation to England and the Secretary of State in relation to Scotland and Wales.

(13) This section—

(a) in its application to England and Wales, shall be construed as one with Part I of the Act of 1973 ; and

(b) in its application to Scotland, shall be construed as one with Part I of the Scottish Act of 1973.

114 Claims for home loss payments

(1) Section 32 of the Act of 1973 and section 29 of the Scottish Act of 1973 (home loss payments) shall be amended as follows.

(2) In subsection (1) of each section (no home loss payment shall be made except on a claim made before the expiration of six months beginning with the date of displacement) for the words from the beginning to " displacement" there shall be substituted the words " No home loss payment shall be made except on a claim in that behalf made by the person entitled thereto (' the claimant') ".

(3) In subsection (4) of each section for the words from the beginning to "expiration of that period" there shall be substituted the words " Where a person (' the deceased ') entitled to a home loss payment dies without having claimed it, a claim to the payment may be made ".

(4) After subsection (7) of the said section 32 there shall be inserted the following subsection—

“(7A) For the purposes of the Limitation Act 1939 a person's right of action to recover a home loss payment shall be deemed to have accrued on the date of displacement.”.

(5) After subsection (7) of the said section 29 there shall be inserted the following subsection—

“(7A) Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make a home loss payment, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the date of displacement.”.

(6) Each section shall have effect without the amendments made by the preceding provisions of this section in cases where the date of displacement was more than six months before the passing of this Act.

115 Interpretation of Part XIII

In this Part of this Act—

• " the Act of 1973 " means the [1973 c. 26.] Land Compensation Act 1973 ;

• " the Scottish Act of 1973 " means the [1973 c. 56.] Land Compensation (Scotland) Act 1973;

• " the Land Compensation Act" means the Act of 1973 in relation to England and Wales and the Scottish Act of 1973 in relation to Scotland.

PART XIV Land—Miscellaneous

Development land

116 Assessment of development land

(1) If the Secretary of State directs an authority to do so, it shall make an assessment of land which is in its area and which is in its opinion available and suitable for development for residential purposes.

(2) In connection with any assessment under subsection (1) above, the authority shall comply with such directions as the Secretary of State may give.

(3) In particular, he may give directions about any consultations to be made prior to the assessment (whether with other authorities or with builders or developers or other persons), about the way any consultation is to be made, and about producing reports of assessments and making copies of the reports available to the public, and directions that an authority is to make the assessment alone or jointly with another authority or authorities.

(4) The following are authorities for the purposes of this section, namely—

(a) (in the application of the section to England and Wales) the councils of counties, districts and London boroughs and the Greater London Council;

(b) (in the application of the section to Scotland) regional, general and district planning authorities.

Derelict Land

117 Extension of powers to make grants for reclamation of land

(1) The following subsections shall be substituted for subsection (1) of section 9 of the [1966 c. 42.] Local Government Act 1966 (grants for reclamation of derelict land): —

“(1) Subject to the provisions of this section, the Secretary of State may, with the consent of the Treasury, pay to any person out of money provided by Parliament grants of such amounts and payable at such times and subject to such conditions as he may from time to time determine in respect of relevant expenditure which is incurred by that person on land to which this subsection applies.

(1A) The land to which subsection (1) above applies is land—

(a) which is derelict, neglected or unsightly land requiring reclamation or improvement; or

(b) which is required for purposes connected with the reclamation or improvement of land such as is mentioned in paragraph (a) above.

(1B) In subsection (1) above "relevant expenditure" means expenditure incurred—

(a) in or in connection with the carrying out after the passing of the Local Government, Planning and Land Act 1980 of works approved by the Secretary of State for the reclamation or improvement of the land ; or

(b) in or in connection with the carrying out of any such works as appear to the Secretary of State to be expedient for the purpose of enabling the land to be brought into use.

(1C) If subsection (1) above applies to land by virtue of subsection (lA)(a) above, "relevant expenditure" also includes expenditure incurred in or in connection with carrying out a survey of the land, with the approval of the Secretary of State, for the purpose of determining whether any works for its reclamation or improvement or for the purpose of enabling it to be brought into use should be undertaken (whether or not such works are carried out).

(1D) In relation to a local authority—

(a) the land to which subsection (1) above applies includes, in addition to land such as is mentioned in subsection (1A) above, land which is not derelict, neglected or unsightly, but which is likely to become derelict, neglected or unsightly by reason of actual or apprehended collapse of the surface as the result of the carrying out of underground mining operations which have ceased to be carried out before the grant is paid and which were not excluded operations; and

(b) subsection (1) above shall have effect as if " relevant expenditure " included—

(i) expenditure incurred in or in connection with the acquisition at any time by the authority with the approval of the Secretary of State of any land to which subsection (1) above applies, including any land to which it applies by virtue of paragraph (a) above; and

(ii) expenditure incurred in or in connection with the carrying out of works such as are mentioned in subsection (1B)(a) above on or after 1st April 1967 but before the passing of the Local Government, Planning and Land Act 1980 other than works so carried out on land to which subsection (1) only applies by virtue of paragraph (a) above.

(1E) In subsection (ID)(a) above " excluded operations " means underground mining operations for the purpose of the working and getting of coal, or of coal and other minerals worked with coal, or for the purpose of getting any product from coal in the course of working and getting coal.”.

(2) The following subsections shall be substituted for subsections (1) to (5) of section 8 of the [1972 c. 5.] Local Employment Act 1972 (derelict land):—

“(1) Where it appears to the Secretary of State—

(a) that any land in a development area or intermediate area (in this section referred to as ' the relevant land ')—

(i) is derelict, neglected or unsightly, or

(ii) is not derelict, neglected or unsightly, but is liable to become derelict, neglected or unsightly by reason of actual or apprehended collapse of the surface as the result of the carrying out of underground mining operations which have ceased to be carried out and which were not excluded operations ; and

(b) that steps should be taken for the purpose of enabling it to be brought into use, or of improving its appearance,

he may, with the consent of the Treasury, make to the council of the county or district in which it is situated such grants as are mentioned in subsection (1A) below.

(1A) The grants that may be made under subsection (1) above are grants—

(a) towards the cost of the exercise of any power of the council to acquire the relevant land or any other land which is reasonably required for the purpose of enabling the relevant land to be brought into use, or of improving its appearance;

(b) towards the cost of the carrying out by the council, for the purpose of enabling the relevant land to be brought into use or of improving its appearance, of any work on that land or any other land ; and

(c) towards the cost of carrying out a survey of the relevant land, with the approval of the Secretary of State, for the purpose of determining whether any works for the purpose of enabling the relevant land to be brought into use or of improving its appearance should be undertaken (whether or not such works are carried out.)

(1B) Grants under this section may be made in such manner as appears to the Secretary of State to be requisite.”

(3) The following subsection shall be inserted after subsection (7) of that section: —

“(8) In this section—

• " county " includes Greater London and " district " includes a London borough, and accordingly—

  (a)

  any reference to the council of a county includes a reference to the Greater London Council; and

  (b)

  any reference to the council of a district includes a reference to the Council of a London borough;

• " excluded operations" means underground mining operations for the purpose of the working and getting of coal, or of coal and other minerals worked with coal, or for the purpose of getting any product from coal in the course of working and getting coal; and

• " land " includes land covered with water.”.

Miscellaneous provisions about land

118 Land: miscellaneous amendments

Schedule 23 to this Act (which contains miscellaneous amendments about land, including amendments to relax controls) shall have effect.

119 Planning Boards: land acquisition

(1) The Peak Park Joint Planning Board and the Lake District Special Planning Board shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 112 of the [1971 c. 78.] Town and Country Planning Act 1971 applies have under that section.

(2) The Boards shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 119 of that Act have under subsection (1)(a) of that section.

(3) The following sections of that Act shall apply (with the necessary modifications) as if the Boards were local authorities : —

• 112(1) and (4) (compulsory acquisition)

• 118 (extinguishment of rights)

• 119(1)(a) and (3) (acquisition by agreement)

• 120 (acquisition for purposes of exchange)

• 121 (appropriation of land forming part of common etc.)

• 122 (appropriation of land held for planning purposes)

• 123 (disposal of land held for planning purposes)

• 124 (development of land held for planning purposes)

• 125 (buildings of architectural interest etc.)

• 127 (power to override easements etc.)

• 128 (consecrated land etc.)

• 129 (open spaces)

• 130(3) (displacement of persons).

120 Compulsory acquisition: exclusion of special parliamentary procedure

(1) The Acquisition of Land Acts shall apply to any compulsory acquisition of an interest in land where—

(a) the notice of the making or preparation in draft of a compulsory purchase order is first duly published on or after 6th April 1976 (or, in the application of this section to Scotland, 1st September 1976), and

(b) the person acquiring the interest is a local authority, the Peak Park Joint or Lake District Special Planning Board, any statutory undertakers or a Minister,

subject to the modifications made by this section.

(2) Paragraph 9 of Schedule 1 to the Act of 1946 or, as the case may be, the Scottish Act of 1947 (special parliamentary procedure for acquisitions from local authorities, statutory undertakers and National Trust) shall not apply to the acquisition except where the interest belongs to the National Trust or the National Trust for Scotland.

(3) In this section—

• " the Acquisition of Land Acts" means the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 and the Acquisition of [1947 c. 42.] Land (Authorisation Procedure) (Scotland) Act 1947, and "the Act of 1946" and "the Scottish Act of 1947 " mean those Acts respectively ;

• " local authority " means—

  (a)

  in relation to England, the council of a county or district, the council of a London borough, the Common Council of the City of London and the Greater London Council,

  (b)

  in relation to Wales, the council of a county or district,

  (c)

  in relation to Scotland, a regional, islands or district council, and this section applies to the Isles of Scilly as if the Council of those Isles were the council of a county ;

• " statutory undertakers " means—

  (a)

  persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water,

  (b)

  the British Airports Authority, the Civil Aviation Authority, the National Coal Board, the Post Office and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for the purposes of the [1971 c. 78.] Town and Country Planning Act 1971 or the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972, and

  (c)

  any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

(4) An order under paragraph (c) of the definition of " statutory undertakers " in subsection (3) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) This section (which re-enacts section 41 of the [1975 c. 77.] Community Land Act 1975 with modifications) shall be taken to have come into force on 12 November 1975 but (in relation to the period before the passing of this Act) shall have effect as if the persons mentioned in subsection (1)(b) above included a new town authority (that is, a development corporation as defined in section 2 of the [1965 c. 59.] New Towns Act 1965, or in section 2 of the [1968 c. 16.] New Towns (Scotland) Act 1968) and a joint board established under section 2 of the Community Land Act 1975, and as if "local authority" meant (in relation to Scotland) a regional, general or district planning authority within the meaning of Part IX of the [1973 c. 65.] Local Government (Scotland) Act 1973.

121 Certification of appropriate alternative development

(1) This section re-enacts section 47 of the [1975 c. 77.] Community Land Act 1975 and accordingly shall have effect only in relation to applications, and certificates issued in pursuance of applications, made after 12 December 1975.

(2) Section 17 of the [1961 c. 33.] Land Compensation Act 1961 and section 25 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 (certification of appropriate alternative development) shall each continue to be amended in accordance with subsections (2) to (5) of section 47 of the Community Land Act 1975 and, as amended by those subsections, section 49(3) of the said Act of 1963 and section 172(2) of the Local Government (Scotland) Act 1973, shall have effect as set out in Schedule 24 below.

122 Acquisition and disposal of land by the Crown

(1) Where, in exercise of the power conferred by section 2 of the [1852 c. 28.] Commissioners of Works Act 1852, section 113 of the [1971 c. 78.] Town and Country Planning Act 1971 or section 103 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (acquisition of land necessary for the public service) the Secretary of State has acquired, or proposes to acquire, any land (the " public service land ") and in his opinion other land ought to be acquired together with the public service land—

(a) in the interests of the proper planning of the area concerned; or

(b) for the purpose of ensuring that the public service land can be used, or developed and used, (together with that other land) in what appears to the Secretary of State to be the best, or most economic, way; or

(c) where the public service land or any land acquired, or which the Secretary of State proposes to acquire, by virtue of paragraph (a) or (b) above, forms part of a common or open space or fuel or field garden allotment, for the purpose of being given in exchange therefor,

the said sections 2 and 113, or as the case may be 103, shall apply to that other land as if its acquisition were necessary for the public service.

In the application of this subsection to Scotland the words " or fuel or field garden allotment" shall be omitted.

(2) The said sections 2, 113 and 103 shall be construed and have effect as if references to land necessary for the public service included land which it is proposed to use not only for the public service but also—

(a) to meet the interests of proper planning of the area, or

(b) to secure the best, or most economic, development or use of the land,

for other purposes.

(3) The said sections 2, 113 and 103 shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a) of any international organisation or institution whether or not the United Kingdom or Her Majesty's Government in the United Kingdom is or is to become a member;

(b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

(c) of a foreign sovereign Power or the Government of such a Power;

and for the purposes of paragraph (b) above " treaty " includes any international agreement, and any protocol or annex to a treaty or international agreement.

(4) Where the Secretary of State proposes to dispose of any of his land and is of the opinion that it is necessary, in order to facilitate that disposal, to acquire adjoining land, then, notwithstanding that the acquisition of that adjoining land is not necessary for the public service, the said section 2 shall apply as if it were necessary for the public service.

(5) Where the Secretary of State is authorised by the said section 2 to acquire land by agreement for a particular purpose, he may acquire that land notwithstanding that it is not immediately required for that purpose; and any land acquired by virtue of this subsection may, until required for the purpose for which it was acquired, be used for such purpose as the Secretary of State may determine.

(6) The Secretary of State may dispose of land held by him and acquired by him or any other Minister under the said sections 2, 113 or 103 to such person, in such manner and subject to such conditions as may appear to the Secretary of State to be expedient, and in particular may under this subsection dispose of land held by him for any purpose in order to secure the use of the land for that purpose.

(7) Any expenditure of the Secretary of State attributable to this section shall be paid out of money provided by Parliament.

(8) This section (which re-enacts section 37 of the [1975 c. 77.] Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period before the passing of this Act, shall have effect as if for subsection (3) there were substituted: —

(3) The said sections 2,113 and 103 shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a) of any international organisation or institution of which the United Kingdom, or Her Majesty's Government in the United Kingdom, is, or is to become, a member;

(b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party;

and for the purposes of paragraph (b) above "treaty" includes any international agreement, and any protocol or annex to a treaty or international agreement.

123 Acquisition of land by the Crown in Northern Ireland

(1) The provisions of the law of Northern Ireland mentioned below (acquisition of land necessary for the public service) shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a) of any international organisation or institution whether or not the United Kingdom or Her Majesty's Government in the United Kingdom is or is to become a member;

(b) of any office or agency established by such an organisation or institution for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

(c) of a foreign sovereign Power or the Government of such a Power;

and for the purposes of paragraph (b) above " treaty " includes any international agreement, and any protocol or annex to a treaty or international agreement.

(2) The said provisions are section 5(1) of the [1933 c. 6 (N.I.).] Stormont Regulation and Government Property Act (Northern Ireland) 1933 and Article 65 of the [S.I. 1973 No. 1896 (N.I. 21).] Land Acquisition and Compensation (Northern Ireland) Order 1973.

(3) This section (which re-enacts section 38 of the [1975 c. 77.] Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period before the passing of this Act, shall have effect as if for subsection (1) there were substituted: —

(1) The provisions of the law of Northern Ireland mentioned below (acquisition of land necessary for the public service) shall be construed and have effect as if references to the public service included the service in the United Kingdom—

(a) of any international organisation or institution of which the United Kingdom, or Her Majesty's Government in the United Kingdom, is, or is to become, a member;

(b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party;

and for the purposes of paragraph (b) above "treaty" includes any international agreement, and any protocol or annex to a treaty or international agreement.

(4) This section extends to Northern Ireland only.

124 Town development functions

(1) Subject to subsections (2) and (3) below, the functions under the [1952 c. 54.] Town Development Act 1952 which the [1972 c. 70.] Local Government Act 1972 conferred on county councils shall cease to be exercisable by such councils.

(2) Nothing in this section shall affect—

(a) any undertaking under section 4 or 10(3) of the Town Development Act 1952 ; or

(b) any agreement under section 8 of that Act,

which a county council have given or made before the passing of this Act.

(3) The repeal of section 11 of the Town Development Act 1952 (modification of enactments consequential on participation by county council) shall not affect any orders under that section which are in force at the passing of this Act; and any such order may accordingly be varied or revoked under that section as if this Act had not been passed.

125 Extent of Part XIV

In this Part of this Act, only sections 116, 118, and 120 to 122 extend to Scotland.

PART XV New Towns

Payments to Secretary of State

126 Sums to be paid to Secretary of State

(1) The Secretary of State may direct a development corporation or the Commission to pay to him, on the date specified in the direction, such sum as is so specified.

(2) Before giving a direction under this section, the Secretary of State shall consult the corporation or (as the case may be) the Commission.

(3) The debt shall carry interest, at the rate for the time being in force under section 32 of the [1961 c. 33.] Land Compensation Act 1961, from the date specified in the direction until payment.

(4) Any sum received by the Secretary of State under this section shall, subject to subsection (6) below, be paid into the Consolidated Fund.

(5) The whole or part of any sum received by the Secretary of State under this section shall, if the Secretary of State with the approval of the Treasury so determines, be treated as made by way of repayment of such part of the principal of advances under section 42(1) or (as the case may be) (4) and (5) of the 1965 Act (advances to corporations and Commission respectively), and as made in respect of the repayments due at such times, as may be so determined.

(6) Any sum treated under subsection (5) above as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.

(7) In the application of this section to Scotland—

(a) for the reference in subsection (3) to section 32 of the Land Compensation Act 1961 there shall be substituted a reference to section 40 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963;

(b) for the reference in subsection (5) to section 42 of the 1965 Act there shall be substituted a reference to section 37(1) of the 1968 Act.

127 Power to dispose of land

(1) Where, in order to comply with a direction under section 122 above, the corporation or Commission considers it desirable to dispose of any land, it may do so by virtue of this section.

(2) The power of disposal by virtue of this section may be exercised notwithstanding anything in the 1965 Act but must be exercised in accordance with subsections (3) to (5) below.

(3) The power shall not be exercised so as to dispose of land by way of mortgage (or in Scotland, standard security) or charge.

(4) Without the consent of the Secretary of State (given generally or specially), the power shall not be exercised so as to transfer the freehold of land or to grant a lease of land for a term of more than 99 years.

(5) In exercising the power a corporation and the Commission shall comply with such directions as the Secretary of State may give to them for restricting the exercise of the power or for requiring them to exercise the power in any manner specified in the directions.

(6) Before giving a direction under subsection (5) above, the Secretary of State shall consult the corporation or (as the case may be) the Commission, unless he is satisfied that because of urgency consultation is impracticable.

(7) Where a corporation or the Commission purports to dispose of land by virtue of this section, then—

(a) in favour of a person claiming under the corporation or Commission, the disposal so purporting to be made shall not be invalid by reason that any consent of the Secretary of State required under this section has not been given or that any direction of his given under this section has not been complied with, and

(b) a person dealing with the corporation or Commission, or a person claiming under the corporation or Commission, shall not be concerned to see or enquire whether any such consent has been given or whether any such direction has been given or complied with.

(8) References in this section to disposing of land include references to granting an interest in or right over land.

(9) In the application of this section to Scotland—

(a) for the reference in subsection (2) to the 1965 Act there shall be substituted a reference to the 1968 Act;

(b) subsection (4) shall have no effect.

Reduction of designated areas

128 Orders reducing designated areas

(1) The Secretary of State may make an order excluding any land specified in the order from the area of a new town if, after consulting the development corporation for the town and any county council and district council in whose area the land is situated, he is satisfied that it is expedient to make the order.

(2) The power to make an order under this section shall be exercisable by statutory instrument.

(3) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Where the Development Board for Rural Wales is responsible under the [1976 c. 75.] Development of Rural Wales Act 1976 for the development of a new town, this section and sections 129 and 130 below shall apply as if the Board were the development corporation for the new town.

129 Effect of order: general

(1) Subject to subsections (3) and (4) below, on the coming into force of an order under section 128 above the land specified in the order shall cease to be contained in the area of the new town, and the order made under section 1 of the 1965 Act designating the area shall cease to operate as regards that land.

(2) Land ceasing to be contained in the area of a new town by virtue of subsection (1) above is in this section and section 130 below called " excluded land ".

(3) The Secretary of State may, in an order under section 128 above, make such provisions by way of savings and transitional provisions (including provisions amending provisions made by or under an enactment) as he thinks fit, and subsection (1) above shall apply subject to any such savings and transitional provisions.

(4) Section 111 of the 1964 Act shall continue to operate as respects an application made in relation to land before it becomes excluded land or made at the next licensing sessions held afterwards, but the excluded land shall not otherwise be treated for the purposes of Part VI of that Act as comprised in the new town.

130 Effect of order: disposal of land

(1) Subject to subsections (2) to (4) below, the development corporation shall dispose of any land which it has acquired, which falls within the excluded land and which the corporation does not require for purposes connected with the development of the new town or for the provision of services for the purposes of the new town.

(2) The duty mentioned in subsection (1) above shall not be performed so as to dispose of land by way of gift, mortgage or charge.

(3) A corporation shall not without the consent of the Secretary of State (given generally or specially) perform the duty so as to transfer the freehold of land or to grant a lease of land for a term of more than 99 years.

(4) A corporation shall comply with such directions as the Secretary of State may give for preventing the duty from being performed or for restricting the duty or for requiring it to be performed in a manner specified in the directions.

(5) Before giving a direction under subsection (4) above, the Secretary of State shall consult the corporation, unless he is satisfied that because of urgency consultation is impracticable.

(6) Where a corporation purports to dispose of land by virtue of this section, then—

(a) in favour of a person claiming under the corporation, the disposal so purporting to be made shall not beinvalid by reason that any consent of the Secretary of State required under this section has not been given or that any direction of his given under this section has not been complied with, and

(b) a person dealing with the corporation, or a person claiming under the corporation, shall not be concerned to see or enquire whether any such consent has been given or whether any such direction has been given or complied with.

(7) References in this section to disposing of land include references to granting an interest in or right over land.

Licensing

131 Off-licences: special provisions to cease

(1) Part VI of the 1964 Act (licensing in new towns) shall cease to have effect in relation to the licensing of premises in new towns by way of a justices off-licence.

(2) References in Part VI of the 1964 Act to licensed premises and to a justices' licence shall be construed accordingly.

(3) In consequence of subsection (1) above, the following provisions of the 1964 Act shall be omitted, namely sections 112(1)(a)(ii) and (b)(ii) and in section 112(5) the words " or licensed premises ".

(4) Nothing in this section affects the operation of section 111 of the 1964 Act as respects an application made before the date on which this section comes into force or made at the licensing sessions next held after that day.

(5) Where the Development Board for Rural Wales is responsible under the [1976 c. 75.] Development of Rural Wales Act 1976 for the development of a new town, this section and section 132 below shall apply as if the Board were the development corporation for the new town.

132 Power to end special licensing provisions

(1) If a development corporation for a new town and the committee constituted for the new town under section 108 of the 1964 Act jointly apply to the Secretary of State for him to make an order under this section, he may make such an order.

(2) The power to make an order under this section shall be exercisable by statutory instrument.

(3) On an order coming into effect, subsections (4) to (6) below shall apply.

(4) If under section 108 of the 1964 Act a committee was constituted for that new town only the committee shall cease to exist.

(5) If under section 108 of the 1964 Act a committee was constituted for that and another new town—

(a) the committee shall cease to exercise its functions as respects the first-mentioned new town, and then this section shall apply as if under section 108 the committee had been constituted for the other new town only; and

(b) the Secretary of State shall vary any order made by him under the section in such manner as appears to him requisite in consequence of the coming into effect of the order under this section.

(6) Sections 111 and 112 of the 1964 Act shall cease to apply to the new town, but without prejudice to the operation of section 111 as respects an application made before the date on which the order comes into effect or made at the licensing sessions next held after that day.

Miscellaneous

133 Interpretation, amendments and extent

(1) In this Part of this Act—

• " area of a new town ", " the Commission ", " development corporation" and " local authority " have (in the application of this Part outside Scotland) the same meanings respectively as in the 1965 Act;

• " development corporation " has (in the application of this Part to Scotland) the same meaning as in the 1968 Act;

• "the 1964 Act" means the [1964 c. 26.] Licensing Act 1964;

• " the 1965 Act" means the [1965 c. 59.] New Towns Act 1965 ;

• " the 1968 Act" means the [1968 c. 16.] New Towns (Scotland) Act 1968.

(2) The amendments to the 1965 Act, the 1968 Act, the [1961 c. 33.] Land Compensation Act 1961 and the [1963 c. 51.] Land Compensation (Scotland) Act 1963 mentioned in Schedule 25 below shall have effect.

(3) Sections 128 to 132 above do not extend to Scotland.

(4) This Part of this Act does not extend to Northern Ireland.

PART XVI Urban Development

Urban development areas

134 Urban development areas

(1) Subject to subsection (2) below, if the Secretary of State is of opinion that it is expedient in the national interest to do so, he may by order made by statutory instrument designate any area of land as an urban development area.

(2) An area of land in England may only be so designated if—

(a) it is in a metropolitan district; or

(b) it is in an inner London borough or partly in an inner London borough and partly in an outer London borough which has a boundary in common with that inner London borough.

(3) Separate parcels of land may be designated as one urban development area.

(4) No order under this section shall have effect until approved by a resolution of each House of Parliament.

Urban development corporations

135 Urban development corporations

(1) For the purposes of regenerating an urban development area, the Secretary of State shall by order made by statutory instrument establish a corporation (an urban development corporation) for the area.

(2) An order under this section may be made at the same time as an order under section 134 above.

(3) No order under this section shall have effect until approved by a resolution of each House of Parliament.

(4) An urban development corporation shall be a body corporate by such name as may be prescribed by the order establishing it.

(5) Schedule 26 below shall have effect with respect to urban development corporations.

(6) It is hereby declared that an urban development corporation is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that the corporation's property is not to be regarded as the property of, or property held on behalf of, the Crown.

136 Objects and general powers

(1) The object of an urban development corporation shall be to secure the regeneration of its area.

(2) The object is to be achieved in particular by the following means (or by such of them as seem to the corporation to be appropriate in the case of its area), namely, by bringing land and buildings into effective use, encouraging the development of existing and new industry and commerce, creating an attractive environment and ensuring that housing and social facilities are available to encourage people to live and work in the area.

(3) Subject to sections 137 and 138 below, for the purpose of achieving the object an urban development corporation may—

(a) acquire, hold, manage, reclaim and dispose of land and other property;

(b) carry out building and other operations;

(c) seek to ensure the provision of water, electricity, gas, sewerage and other services ;

(d) carry on any business or undertaking for the purposes of the object; and

(e) generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes.

(4) No provision of this Part of this Act by virtue of which any power is exercisable by an urban development corporation shall be construed as limiting the effect of subsection (3) above.

(5) Without prejudice to the generality of the powers conferred on urban development corporations by this Act, such a corporation, for the purpose of achieving the object.—

(a) may, with the consent of the Secretary of State, contribute such sums as he with the Treasury's concurrence may determine towards expenditure incurred or to be incurred by any local authority or statutory undertakers in the performance of any statutory functions of the authority or undertakers, including expenditure so incurred in the acquisition of land ; and

(b) may, with the like consent, contribute such sums as the Secretary of State with the like concurrence may determine by way of assistance towards the provision of amenities.

(6) To avoid doubt it is declared that subsection (3) above relates only to the capacity of an urban development corporation as a statutory corporation ; and nothing in this section authorises such a corporation to disregard any enactment or rule of law.

(7) A transaction between a person and an urban development corporation shall not be invalidated by reason of any failure by the corporation to observe the object in subsection (1) above or the requirement in subsection (3) above that the corporation shall exercise the powers conferred by that subsection for the purpose of achieving that object.

137 Exclusion of functions

(1) An order under section 135 above may provide that any functions which may be exercisable by an urban development corporation by virtue of this Part of this Act and which are specified in the order are not to be exercised by the corporation established by the order, either as regards the whole of its area or as regards a portion of that area; and this Part of this Act shall apply to the corporation accordingly.

(2) An order under section 135 above may amend any provision of a previous order under that section which was included in that order by virtue of subsection (1) above.

(3) Nothing in subsection (2) above shall prejudice the operation of section 14 of the [1978 c. 30.] Interpretation Act 1978 (power to amend orders etc.).

138 Restrictions on powers

(1) Without prejudice to any provision of this Act requiring the consent of the Secretary of State to be obtained for anything to be done by an urban development corporation, he may give directions to such a corporation for restricting the exercise by it of any of its powers under this Act or for requiring it to exercise those powers in any manner specified in the directions.

(2) Before giving a direction under subsection (1) above, the Secretary of State shall consult the corporation, unless he is satisfied that because of urgency consultation is impracticable.

(3) A transaction between a person and an urban development corporation acting in purported exercise of its powers under [1978 c. 30.] this Act shall not be void by reason only that it was carried out in contravention of a direction given under subsection (1) above, and such a person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with.

139 Allocation or transfer of functions

(1) If it appears to the Secretary of State, in the case of an urban development area, that there are exceptional circumstances which render it expedient that the functions of an urban development corporation under this Part of this Act should be performed by the urban development corporation established for the purposes of any other area instead of by a separate corporation established for the purpose, he may, instead of establishing such a separate corporation, by order direct that those functions shall be performed by the urban development corporation established for the other area.

(2) If it appears to the Secretary of State that there are exceptional circumstances which render it expedient that the functions of an urban development corporation established for one area should be transferred to the urban development corporation established for the purposes of another area, or to a new urban development corporation to be established for the first-mentioned area, he may, by order, provide for the dissolution of the first-mentioned corportion and for the transfer of its functions, property, rights and liabilities to the urban development corporation established for the purposes of the other area or (as the case may be) to a new corporation established for the purposes of the first-mentioned area by the order.

(3) Without prejudice to section 14 of the [1978 c. 30.] Interpretation Act 1978, an order under this section providing for the exercise of functions in relation to an area by the urban development corporation established for the purposes of another area, or for the transfer of such functions to such a corporation, may modify the name and constitution of that corporation in such manner as appears to the Secretary of State to be expedient, and for the purposes of this Act that corporation shall be treated as having been established for the purposes of each of those areas.

(4) Before making an order under this section providing for the transfer of functions from or to an urban development corporation or for the exercise of any functions by such a corporation, the Secretary of State shall consult that corporation.

(5) An order under this section shall make, with regard to a corporation on which functions are conferred by the order, the same provision as that which may be made with regard to a corporation under section 137 above.

(6) An order under this section shall be made by statutory instrument.

(7) No order under this section shall have effect until approved by a resolution of each House of Parliament.

140 Consultation with local authorities

(1) An urban development corporation shall prepare a code of practice as to consultation with the relevant local authorities about the exercise of its powers.

(2) In this section " the relevant local authorities" means local authorities the whole or any part of whose area is included in the urban development area.

(3) Preparation of the code shall be completed not later than the expiration of the period of 12 months from the date of the establishment of the corporation.

(4) A corporation may from time to time revise the whole or any part of its code.

(5) A corporation shall prepare and revise its code in consultation with the relevant local authorities.

Land

141 Vesting by order in corporation

(1) Subject to subsection (2) below, the Secretary of State may by order made by statutory instrument provide that land specified in the order which is vested in a local authority, statutory undertakers or other public body or in a subsidiary of a public body shall vest in an urban development corporation established or to be established by an order under section 135 above for an area in which the land is situated.

(2) An order under subsection (1) above may not specify land vested in statutory undertakers which is used for the purpose of carrying on their undertakings or which is held for that purpose.

(3) In the case of land vested in statutory undertakers the Secretary of State and the appropriate Minister shall make any order under this section.

(4) An order under this section shall have the same effect as a declaration under section 30 of the [1968 c. 72.] Town and Country Planning Act 1968 or, in Scotland, section 278 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (both of which relate to general vesting declarations) except that, in relation to such orders, the enactments mentioned in Schedule 27 shall have effect subject to the modifications specified in that Schedule.

(5) Compensation under the [1961 c. 33.] Land Compensation Act 1961 or, in Scotland, the [1963 c. 51.] Land Compensation (Scotland) Act 1963, as applied by subsection (4) above and Schedule 27 to this Act, shall be assessed by reference to values current on the date the order under this section comes into force.

(6) No order under this section shall have effect until approved by a resolution of each House of Parliament.

(7) In this section—

• " subsidiary ", in relation to a public body, means a wholly-owned subsidiary of that body ; and

• " wholly-owned subsidiary " has the meaning assigned to it by section 150(4) of the [1948 c. 38.] Companies Act 1948.

142 Acquisition by corporation

(1) An urban development corporation may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily)—

(a) land in the urban development area ;

(b) land adjacent to the area which the corporation requires for purposes connected with the discharge of the corporation's functions in the area ;

(c) land, whether or not in or adjacent to the area, which the corporation requires for the provision of services in connection with the discharge of the corporation's functions in the area.

(2) Where a corporation exercises its powers under subsection (1) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the corporation may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land acquired.

In the application of this subsection to Scotland the words " or fuel or field garden allotment " shall be omitted.

(3) The 1946 Act and, in Scotland, the 1947 Act shall apply (subject to section 144(2) below) in relation to the compulsory acquisition of land in pursuance of subsection (1) or (2) above as if—

(a) this section were contained in an Act in force immediately before the commencement of the 1946 Act or (as the case may be) the 1947 Act,

(b) an urban development corporation were a local authority.

(4) An urban development corporation which may be authorised by the Secretary of State, by means of a compulsory purchase order, to purchase any land compulsorily for any purpose may be authorised by him, by means of such an order, to purchase compulsorily for that purpose such new rights over the land as are specified in the order; and in this subsection " new rights " means rights which are not in existence when the order specifying them is made.

(5) In subsection (4) above " compulsory purchase order" has the same meaning as in the 1946 Act.

(6) Subsection (5) above does not apply to Scotland.

(7) In relation to Scotland, in subsection (4) above "compulsory purchase order " has the same meaning as in the 1947 Act, and section 63 of the [1973 c. 56.] Land Compensation (Scotland) Act 1973 shall apply to any compulsory purchase order made by virtue of that subsection.

143 Acquisition by local highway authority

(1) This section applies where the appropriate Minister is satisfied that the construction or improvement of a road is needed—

(a) outside an urban development area, for the purpose of securing the development of land in that area in accordance with proposals approved by the Secretary of State under section 148 below, or

(b) for the purpose of providing proper means of access to such an area.

(2) In that case, a local highway authority may, on being authorised to do so by the appropriate Minister acquire compulsorily any land as to which he is satisfied that its acquisition by the authority is requisite—

(a) for the construction or improvement of the road, or

(b) for carrying out the improvement, or controlling the development, of frontages to the road or of land abutting on or adjacent to the road.

(3) Where a local highway authority has been authorised under subsection (2) above to acquire compulsorily land forming part of a common or open space or fuel or field garden allotment, the authority may be authorised under that subsection to acquire compulsorily land for giving in exchange for the land acquired.

In the application of this subsection to Scotland the words " or fuel or field garden allotment " shall be omitted.

(4) The 1946 Act and, in Scotland, the 1947 Act shall apply (subject to section 144(2) below) in relation to the compulsory acquisition of land in pursuance of this section as if this section were contained in an Act in force immediately before the commencement of the 1946 Act or (as the case may be) the 1947 Act.

(5) In this section—

• " the appropriate Minister " means—

  (a)

  in England, the Minister of Transport; and

  (b)

  in Scotland or Wales, the Secretary of State; and

• " local highway authority" means a highway authority other than the appropriate Minister.

144 Vesting and acquisition: supplementary

(1) Schedule 28 below (land) shall have effect.

(2) Part I of the Schedule modifies the 1946 Act and the 1947 Act as applied by section 142(3) and 143(4) above.

(3) Part II relates to the acquisition of land by agreement under section 142 above.

(4) Part III contains supplementary provisions about land vested in or acquired by an urban development corporation or local highway authority under this Part of this Act.

(5) Part IV (which does not apply to Scotland) contains supplementary provisions about the acquisition by an urban development corporation of rights over land under section 142(4) above.

145 Land compensation

(1) The following paragraph shall be inserted after paragraph 4 of Schedule 1 to the [1961 c. 33.] Land Compensation Act 1961 (descriptions of actual or prospective development of which account is not to be taken in assessing compensation or the effect of which is to reduce compensation payable in respect of adjacent land in the same ownership which has benefited by the development) and after paragraph 4 of Schedule 1 to the [1963 c. 51.] Land Compensation (Scotland) Act 1963 (which makes similar provision for Scotland): —

“4A. Where any of the relevant land forms part of an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980.

Development of any land other than the relevant land, in the course of the development or redevelopment of that area as an urban development area.”

(2) At the end of Part II of Schedule 1 to the Land Compensation Act 1961 there shall be added: —

“PART III SPECIAL PROVISIONS AS TO URBAN DEVELOPMENT AREAS

10 For the avoidance of doubt it is hereby declared—

(a) that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 6 of this Act, no increase or diminution in value is to be excluded from being left out of account; and

(b) that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 7 of this Act, no increase in value is to be excluded from being taken into account,

merely because it is attributable—

(i) to any development of land which was carried out before the area was designated as an urban development area;

(ii) to any development or prospect of development of land outside the urban development area;

(iii) to any development or prospect of development of land by an authority other than the acquiring authority, possessing compulsory purchase powers

11 Paragraph 10 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in value to be left out of account by virtue of section 6 of this Act.”.

(3) In section 6 of the [1961 c. 33.] Land Compensation Act 1961—

(a) in subsection (1)(b). for "4" substitute " 4A " ; and

(b) add at the end of subsection (2) the words "and the provisions of Part III of that Schedule shall have effect with regard to paragraph 4A.

(4) At the end of Part II of Schedule 1 to the [1963 c. 51.] Land Compensation (Scotland) Act 1963 mere shall be added ;—

“PART III SPECIAL PROVISIONS AS TO URBAN DEVELOPMENT AREAS

6 For the avoidance of doubt it is hereby declared—

(a) that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 13 of this Act no increase or diminution of value is to be excluded from being left out of account; and

(b) that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 14 of this Act, no increase in value is to be excluded from being taken into account,

merely because it is attributable—

(i) to any development of land which was carried out before the area was designated as an urban development area;

(ii) to any development or prospect of development of land outside the urban development area;

(iii) to any development or prospect of development of land by an authority, other than the acquiring authority, possessing compulsory purchase powers.

7 Paragraph 6 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in value to be left out of account by virtue of section 13 of this Act.”.

(5) In section 13 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963—

(a) in subsection (1)(b), for " 4 ", where it first occurs, substitute " 4A " ; and

(b) add at the end of subsection (2A) the words " and the provisions of Part III of that Schedule shall have effect with regard to paragraph 4A. ".

146 Disposal by corporation

(1) Subject to this section and to any directions given by the Secretary of State under this Act, an urban development corporation may dispose of any land vested in or acquired by it to such persons, in such manner, and subject to such covenants or conditions, as it considers expedient for securing the regeneration of the corporation's area or for purposes connected with the regeneration of the area.

(2) The powers of an urban development corporation with respect to the disposal of land vested in or acquired by it under this Act shall be so exercised as to secure (so far as practicable) that persons who were living or carrying on business or other activities on land so acquired shall, if they desire to obtain accommodation on land belonging to the corporation and are willing to comply with any requirements of the corporation as to its development and use, have (subject to subsection (3) below) an opportunity to obtain on it accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them.

(3) An urban development corporation shall not have any -duty to afford to a person who was carrying on a business of selling intoxicating liquor or alcoholic liquor by retail on land acquired by the corporation an opportunity of obtaining alternative accommodation for such a business.

(4) Nothing in this Act enables an urban development corporation to dispose of land by way of gift, mortgage or charge or (in Scotland) by way of gift or in security.

(5) References in this section to disposing of land include references to granting an interest in or right over land.

(6) In this section "intoxicating liquor" has the meaning assigned by section 201 of the [1964 c. 26.] Licensing Act 1964 and "alcoholic liquor " has the meaning assigned by section 139 of the [1976 c. 66.] Licensing (Scotland) Act 1976.

Planning blight

147 Planning blight

(1) Section 192(1) of the 1971 Act (scope of provisions about blight) and section 181(1) of the 1972 Act (which makes similar provisions for Scotland) shall have effect as if the land specified in them included land which—

(a) is land within an area intended to be designated as an urban development area by an order which has been made under section 134 above but which has not come into effect; or

(b) is land within an area which has been so designated by an order under that section which has come into effect.

(2) No blight notice shall be served by virtue of subsection (1)(a) above at any time after the order has come into effect.

(3) Until such time as an urban development corporation is established for the urban development area, sections 192 to 207 of the 1971 Act and sections 181 to 196 of the 1972 Act shall have effect in relation to land within subsection (1) above as if " the appropriate authority " and " the appropriate enactment" were the Secretary of State and subsection (4) below respectively.

(4) Until such time as aforesaid the Secretary of State shall have power to acquire compulsorily any interest in land in pursuance of a blight notice served by virtue of subsection (1) above; and where he acquires an interest as aforesaid, then—

(a) if the land is or becomes land within subsection (1)(b) above, the interest shall be transferred by him to the urban development corporation established for the urban development area; and

(b) in any other case, the interest may be disposed of by him in such manner as he thinks fit.

(5) The [1961 c. 33.] Land Compensation Act 1961 and, in relation to Scotland, the [1963 c. 51.] Land Compensation (Scotland) Act 1963 shall have effect in relation to the compensation payable in respect of the acquisition of an interest by the Secretary of State under subsection (4) above as if the acquisition were by an urban development corporation under this Part of this Act and as if, in the case of land within subsection (1)(a) above, the land formed part of the area designated as an urban development area by an order under section 134 above which has come into effect.

Planning functions

148 Planning control

(1) An urban development corporation may submit to the Secretary of State proposals for the development of land within the urban development area, and the Secretary of State, after consultation with the local planning authority within whose area (or in Scotland the regional, general and district planning authorities within whose areas) the land is situated and with any other local authority which appears to him to be concerned, may approve any such proposals either with or without modification.

(2) Without prejudice to the generality of the powers conferred by section 24 of the 1971 Act or section 21 of the 1972 Act, a special development order made by the Secretary of State under that section with respect to an urban development area may grant permission for any development of land in accordance with proposals approved under subsection (1) above, subject to such conditions, if any, (including conditions requiring details of any proposed development to be submitted to the local planning authority, or in Scotland the planning authority exercising district planning functions within the meaning of section 172 of the [1973 c. 65.] Local Government (Scotland) Act 1973), as may be specified in the order.

(3) The Secretary of State shall give to an urban development corporation such directions with respect to the disposal of land vested in or acquired by it under this Act and with respect to the development by it of such land, as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historic interest, and in particular of buildings included in any list compiled or approved or having effect as if compiled or approved under section 54(1) of the 1971 Act (which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historic interest) or under section 52(1) of the 1972 Act (which makes similar provision for Scotland).

(4) References in this section to the local planning authority are—

(a) in relation to land outside Greater London, references to the district planning authority and also (in relation to proposals for any development which is a county matter, as defined in paragraph 32 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972) to the county planning authority; and

(b) in relation to land in Greater London, references to the authority which is the local planning authority as ascertained in accordance with Schedule 3 to the [1971 c. 78.] Town and Country Planning Act 1971.

149 Corporation as planning authority

(1) If the Secretary of State so provides by order, an urban development corporation shall be the local planning authority for the whole or any portion of its area in place of any authority which would otherwise be the local planning authority for such purposes of Part III of the 1971 Act, and in relation to such kinds of development, as may be prescribed.

(2) The order may provide—

(a) that any enactment relating to local planning authories shall not apply to the corporation; and

(b) that any such enactment which applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(3) If the Secretary of State so provides by order—

(a) an urban development corporation specified in the order shall have, in the whole or any portion of its area and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by such of the provisions of the 1971 Act mentioned in Part I of Schedule 29 to this Act as are specified in the order;

(b) such of the provisions of the 1971 Act specified in Part II of that Schedule as are mentioned in the order shall have effect, in relation to an urban development corporation specified in the order and to land in that corporation's area, subject to the modifications there specified.

(4) An order under subsection (3) above may provide—

(a) that any enactment relating to local planning authorities shall apply to the urban development corporation specified in the order for the purposes of any of the provisions specified in Schedule 29 to this Act which relate to land in the urban development area by virtue of the order; and

(b) that any such enactment which so applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(5) In relation to an urban development corporation which is the local planning authority by virtue of an order under subsection (1) above, section 270 of the 1971 Act (application to local planning authorities of provisions as to planning control and enforcement) shall have effect for the purposes of Part III of the 1971 Act prescribed by that order, and in relation to the kinds of development so prescribed, as if—

(a) in subsection (1), the reference to the development by local authorities of land in respect of which they are the local planning authorities included a reference to the development by the corporation of land in respect of which it is the local planning authority;

(b) in subsection (2)—

(i) in paragraph (a) the words " the corporation " were substituted for the words " such an authority " and the word " corporation " were substituted for the words " local planning authority " ; and

(ii) in paragraph (b) the word " corporation" were substituted for the words " local planning authority ".

(6) In Scotland, if the Secretary of State so provides by order, an urban development corporation shall be the planning authority for the whole or any portion of its area in place of any authority which would otherwise be the planning authority for such purposes of Part III of the 1972 Act as are district planning functions (within the meaning of section 172 of the [1973 c. 65.] Local Government (Scotland) Act 1973), and in relation to such kinds of development, as may be prescribed.

(7) An order under subsection (6) above may provide—

(a) that any enactment relating to planning authorities shall not apply to the corporation ; and

(b) that any such enactment which applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(8) If the Secretary of State so provides by order—

(a) an urban development corporation specified in the order shall have, in the whole or any portion of its area and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by such of the provisions of the 1972 Act mentioned in Part I of Schedule 30 to this Act as are specified in the order ;

(b) such of the provisions of the 1972 Act specified in Part II of that Schedule as are mentioned in the order shall have effect, in relation to an urban development corporation specified in the order and to land in that corporation's area, subject to the modifications there specified.

(9) An order under subsection (8) above may provide—

(a) that any enactment relating to planning authorities shall apply to the urban development corporation specified in the order for the purposes of any of the provisions specified in Schedule 30 to this Act which relate to land in the urban development area by virtue of the order; and

(b) that any such enactment which so applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(10) In relation to an urban development corporation which is the planning authority by virtue of an order under subsection (6) above, section 256 of the 1972 Act (application to planning authorities of provisions as to planning control and enforcement) shall have effect for the purposes of Part III of the 1972 Act prescribed by that order, and in relation to the kinds of development so prescribed, as if—

(a) in subsection (1), the reference to the development by local authorities of land in respect of which they are the planning authorities included a reference to the development by the corporation of land in respect of which it is the planning authority;

(b) in subsection (2)—

(i) in paragraph (a) the words " the corporation " were substituted for the words " such an authority " and the word " corporation " were substituted for the words " local planning authority " ; and

(ii) in paragraph (b) the word " corporation" were substituted for the words " local planning authority ".

(11) An order under this section shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(12) The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(13) In this section " prescribed " means prescribed by an order under this section.

150 Planning: corporation and local highway authority

(1) The reference to the local planning authority in paragraph 17 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972 (duty to include in a development order under section 24 of the 1971 Act provision enabling a local highway authority to impose restrictions on the grant by the local planning authority of planning permission for certain descriptions of development) shall not be construed as including a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 above, and no provision of a development order which is included in it by virtue of that paragraph is to be construed as applying to such a corporation.

(2) The Secretary of State may include in a development order under section 24 of the 1971 Act provision enabling a local highway authority to impose restrictions on the grant by an urban development corporation who are the local planning authority of planning permission under the 1971 Act for such descriptions of development as may be specified in the order.

Building control etc.

151 Building control

(1) The Secretary of State may make an order under this section directing that, subject to the provisions of the order, building control functions in an urban development area or in any portion of such an area shall be exercisable by the urban development corporation.

(2) An order under this section shall identify by reference to a map the area to which the order relates.

(3) In this section " building control functions " means—

(a) as regards England and Wales other than inner London boroughs, functions under or in connection with building regulations or any enactment (including a local Act) relating to such regulations ;

(b) as regards inner London boroughs, functions exercisable under the London building legislation or, as the case may be, under or in connection with building regulations and any enactment relating to such regulations;

(c) as regards Scotland, the jurisdiction and functions conferred, in such a case, on local authorities by the Building (Scotland) Acts 1959 and 1970.

(4) An order under this section may provide that the London building legislation shall not have effect in the area to which the order relates but that building regulations and any enactment relating to such regulations shall have effect instead.

(5) An order under this section may provide for all or any of the following, namely—

(a) that the corporation shall have only such of the building control functions as may be specified in the order;

(b) that any building legislation under which the corporation is to exercise building control functions (or, in Scotland, that any of the jurisdiction and functions referred to in subsection (3)(c) above) shall apply, in relation to the corporation, as modified by the order,

and this section shall have effect accordingly.

(6) An order under this section shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(7) The power to make an order under this section shall be exercisable by statutory instrument.

(8) An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In this section—

• " building legislation " means—

  (a)

  the London building legislation ;

  (b)

  any other enactments under which the corporation is to exercise building control functions ; and

  (c)

  building regulations;

• " the London building legislation " means—

  (a)

  the London Building Acts 1930 to 1978 ;

  (b)

  any byelaws made under those Acts;

  (c)

  subsections (2) and (3) of section 70 of the [1974 c. 37.] Health and Safety at Work etc. Act 1974 and any regulations made under the said subsection (3).

152 Fire precautions and home insulation

(1) The Secretary of State may make an order under this section directing that, subject to the provisions of the order, an urban development corporation shall have in its area (or in such part of its area as may be specified in the order)—

(a) the functions of a fire authority under the [1971 c. 40.] Fire Precautions Act 1971;

(b) the power of a local authority under section 36 of that Act (power to make loans to meet expenditure on certain alterations to buildings occasioned by the Act); and

(c) the functions of a local authority under any scheme made by virtue of section 1 of the [1978 c. 48.] Homes Insulation Act 1978 (schemes for the making of grants towards the cost of works undertaken to improve the thermal insulation of dwellings).

(2) On the order coming into force, the corporation shall have the functions conferred in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3) The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

(4) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(5) The power to make an order under this section shall be exercisable by statutory instrument.

(6) No order under this section shall have effect until approved by a resolution of each House of Parliament.

Housing, etc.

153 Corporation as housing authority

(1) If the Secretary of State so provides by order, an urban development corporation shall have in its area (or in such part of its area as may be specified in the order)—

(a) the functions conferred on a local authority by the Housing Acts 1957 to 1975 and the [1980 c. 51.] Housing Act 1980 or by the Housing (Scotland) Acts 1966 to 1978 and the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980; and

(b) the functions conferred on the authority who are the relevant authority for the purposes of sections 39 to 41 of the [1973 c. 26.] Land Compensation Act 1973 or sections 36 to 38 of the [1973 c. 56.] Land Compensation (Scotland) Act 1973 (which relate to the rehousing of displaced residential occupiers);

or such of those functions as the order may specify.

(2) On the order coming into force, the corporation shall have the functions concerned in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3) The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with any other authority, in relation to that authority, as modified by the order.

(4) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(5) The power to make an order under this section shall be exercisable by statutory instrument.

(6) No order under this section shall have effect until approved by a resolution of each House of Parliament.

154 Rent rebates

(1) It shall be the duty of every urban development corporation to bring into operation and to maintain a scheme for granting, to persons who occupy as their homes dwellings let to them by the corporation rebates from rent, calculated in accordance with the provisions of the scheme by reference to their needs and their resources.

(2) No rebate from the rent for any dwelling shall be granted by virtue of this section to any person—

(a) if he occupies the dwelling in England and Wales under a licence which was granted as a temporary expedient to a person who entered it, or any other land, as a trespasser (whether or not before the grant another licence of that or any other dwelling has been granted to him); or

(b) if he occupies the dwelling in pursuance of a contract of service with the corporation the terms of which require that he shall be provided with a dwelling at a rent specified in the contract; or

(c) if Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 (security of business tenants) applies to his tenancy.

(3) The corporation shall perform the duty to bring a scheme into force which is imposed on them by subsection (1) above as soon as practicable after it first lets dwellings as there mentioned, and then so much of Part II of the [1972 c. 47.] Housing Finance Act 1972 or of Part II of the [1972 c. 46.] Housing (Financial Provisions) (Scotland) Act 1972 as relates to rent rebates shall apply (with the necessary modifications) as if a corporation were a housing authority.

155 Rent

(1) In section 14 of the [1977 c. 42.] Rent Act 1977 (tenancy not protected when landlord's interest belongs to certain bodies), there shall be inserted after paragraph (f) “or

(g) an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980 ;”.

(2) In section 5 of the [1971 c. 28.] Rent (Scotland) Act 1971 (which makes similar provision for Scotland) there shall be inserted after paragraph (d) “and

(e) an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980”.

156 Other provisions relating to corporations as landlords

(1) Chapter I of Part I of the [1980 c. 51.] Housing Act 1980 (in this section referred to as " the Act of 1980 ") shall apply to an urban development corporation as if it were a landlord specified in paragraph 2 of Schedule 1 to that Act (landlords against whom the right to buy cannot be exercised in certain circumstances).

(2) Chapter II of that Part of the Act of 1980 shall have effect—

(a) as if the landlord condition were satisfied where the interest of the landlord belongs to an urban development corporation; and

(b) as if a reference to such a corporation were included in any reference to a development corporation in the following provisions: —

(i) section 42(1) (meaning of " landlord authority ");

(ii) section 45(1) (exemption certificates); and

(iii) paragraph 2(1) of Schedule 3 (bodies whose employees' tenancies are not secure if their contract of employment requires them to occupy a dwelling-house for the better performance of their duties).

(3) Section 140 of the Act of 1980 (exclusion of shared ownership tenancies from the [1967 c. 38.] Leasehold Reform Act 1967) shall have effect in relation to a lease granted by an urban development corporation which complies with the conditions set out in subsection (3) of that section.

(4) Parts I, II and III of the [1980 c. 52.] Tenants' Rights, Etc. (Scotland) Act 1980 shall have effect as if a reference to an urban development corporation were included in any reference in those provisions to a development corporation established by an order made, or having effect as if made, under the [1968 c. 16.] New Towns (Scotland) Act 1968.

Highways

157 Highways

(1) When any street works have been executed in a private street (or part of a private street) in an urban development area, the urban development corporation may serve a notice on the street works authority requiring it to declare the street (or part) to be a highway which for the purposes of the [1959 c. 25.] Highways Act 1959 is a highway maintainable at the public expense.

(2) The street works authority may, within two months from the service of the notice, apply to a magistrates' court for an order setting aside the notice on the ground that the works (including lighting) executed in the street (or part) are not of a standard at least equivalent to that of works in other comparable streets in the urban development area.

(3) The magistrates' court may set aside the notice, but the corporation may serve a subsequent one under this section as regards the street (or part).

(4) If no order is made to set aside the notice on such an application and no appeal against the magistrates' decision is brought within two months from the decision, the street (or part) shall become a highway maintainable at the public expense on the expiry of that time.

(5) If an appeal is brought against or arises out of the magistrates' decision, or an appeal arises out of that appeal, the street (or part) shall become a highway maintainable at the public expense on the final determination of the matter in favour of the corporation or on the abandonment of the appeal by the authority.

(6) In this section "private street" and " street works authority " have the same meanings as in Part IX of the Highways Act 1959.

(7) This section does not extend to Scotland.

Sewerage, etc.

158 Sewerage

(1) Section 15 of the [1973 c. 37.] Water Act 1973 (arrangements for discharge of sewerage functions) shall be amended as mentioned in subsection (2) below.

(2) In subsection (10) (definition of relevant authority for discharge of functions): —

(a) in paragraph (a) after " New Towns Act 1965 " insert " or an area designated as an urban development area under Part XVI of the Local Government, Planning and Land Act 1980 " ;

(b) after paragraph (b) insert “and

(c) in relation to an urban development area—

(i) the urban development corporation; or

(ii) any such council within whose area the urban development area is wholly or partly situated; or

(iii) both that corporation and any such council,

and the body or bodies to be the relevant authority shall be determined by the water authority.”.

(3) In section 16 of the Water Act 1973 (water authority's duty to provide sewer)—

(a) at the end of subsection (1)(c) there shall be added “or

(d) if—

(i) the premises are in an area designated as an urban development area under Part XVI of the Local Government, Planning and Land Act 1980; and

(ii) the owners or occupiers of the premises require the authority to provide a public sewer otherwise than for the drainage of new buildings which they propose to erect on the premises; and

(iii) the conditions specified in subsection (4A) below are satisfied.”;

(b) the following subsection shall be inserted after subsection (4): —

“(4A) The conditions mentioned in paragraph (d) of subsection (1) above are that the persons making the requisition—

(a) agree severally with the water authority to pay the reckonable charges in respect of the premises for three years at least from the date on which the laying of the sewer is completed; and

(b) undertake to meet any relevant deficit.”; and

(c) in subsections (5) and (9), for the words " or (4)" there shall be substituted the words " , (4) or (4A) ".

(4) This section does not extend to Scotland.

159 Public health etc.

(1) The Secretary of State may by order provide that an urban development corporation shall have in its area (or in such part of its area as may be specified in the order) the functions conferred on a local authority—

(a) by sections 83 and 84 of the [1936 c. 49.] Public Health Act 1936 and sections 35 to 37 of the [1961 c. 64.] Public Health Act 1961 (all of which relate to filthy or verminous premises or articles) or in relation to Scotland by section 40 of the [1897 c. 38.] Public Health (Scotland) Act 1897 (which makes similar provision for Scotland);

(b) by any enactment contained in Part III (nuisances and offensive trades) or IX (common lodging-houses) of the Public Health Act 1936 or in relation to Scotland by Parts II or V of the Public Health (Scotland) Act 1897 (which respectively make similar provision for Scotland) ;

(c) by so much of Part XII of the Public Health Act 1936 as relates to any of the enactments mentioned in paragraphs (a) and (b) above ; and

(d) by Part I of the [1949 c. 55.] Prevention of Damage by Pests Act 1949 (rats and mice).

(2) On the order coming into force, the corporation shall have the functions conferred in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3) The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

(4) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(5) The power to make an order under this section shall be exercisable by statutory instrument.

(6) No order under this section shall have effect until approved by a resolution of each House of Parliament.

Loans for building

160 Loans for building

(1) For the purpose of enabling any person to whom an urban development corporation has sold or let any land to erect a building on the land, the corporation may, subject to this section, lend money to that person.

(2) A loan made under this section, together with interest on the loan, shall be secured by a mortgage of the land (or in Scotland a standard security over the land) in respect of which the loan is made.

(3) The amount of the principal of a loan made under this section shall not exceed whichever of the following is less: —

(a) three quarters of the value of the mortgaged security (or in Scotland the security subjects) at the time the loan is made;

(b) one half of the value which it is estimated the mortgaged security (or in Scotland the security subjects) will bear when the building for the erection of which the loan is made has been erected.

(4) A loan made under this section shall carry interest at such rate as may be specified by the Treasury.

(5) The mortgage deed (or in Scotland standard security) securing a loan made under this section shall provide—

(a) for repayment being made, subject to paragraphs (c) and (d) below, within such period, not exceeding 30 years, as may be specified in the deed (or standard security);

(b) for repayment being made, subject to paragraphs (c) and (d) below, either by instalments of principal or by an annuity of principal and interest combined ;

(c) that, in the event of any of the conditions subject to which the loan is made not being complied with, the balance for the time being unpaid shall become repayable on demand by the corporation;

(d) that the said balance, or such part of it as may be provided for in the mortgage (or standard security), may, in any event other than that specified in paragraph (c) above, be repaid on any such conditions as may be specified in the mortgage (or standard security) after one month's written notice of intention to repay has been given to the corporation ;

(e) where repayment is to be made by an annuity of principal and interest combined, for determining the amount by which the annuity or the life of the annuity is to be reduced when a part of the loan is paid off otherwise than by way of an instalment of the annuity.

161 Loans in pursuance of building agreements

(1) This section applies where an urban development corporation enters into an agreement with a person ("the builder ") by which provision is made—

(a) authorising the builder to enter on land belonging to the corporation for the purpose of the builder erecting a building on the land ;

(b) for the sale of the land to the builder, if the building is erected to the satisfaction of the corporation, or, as the agreement may provide, for the grant of a lease to him if the building is so erected ;

(c) for the corporation to lend money to the builder for the purpose of enabling him to erect the building;

(d) for securing that, on such a sale or, as the case may be, grant of a lease, any amount lent as mentioned in paragraph (c) above will, together with the interest on the loan, be secured by a mortgage of the land (or in Scotland standard security over the land).

(2) In that case the corporation may, subject to this section, lend money to the builder for the purpose mentioned in subsection (1)(c) above.

(3) The amount of the principal of a loan made under this section shall not exceed whichever of the following is less: —

(a) three quarters of the value of the land at the time the agreement mentioned in subsection (1) above is made;

(b) one half of the amount which it is estimated will be the value of the security for the mortgage (or in Scotland of the security subjects) for which the agreement provides when the building for the erection of which the loan is made has been erected.

(4) Subsections (4) and (5) of section 160 above apply to a loan made under this section as to one made under that.

Inner urban areas

162 Inner urban areas

(1) In this section "the 1978 Act" means the [1978 c. 50.] Inner Urban Areas Act 1978, and "designated district" and "designated district authority" have the same meanings as in that Act

(2) In this section "relevant land " means an area of land which is at the same time situated in both an urban development area and a designated district.

(3) An urban development corporation shall have (as regards relevant land) the same power as the designated district authority has (as regards the designated district) under the provisions of the 1978 Act mentioned in subsection (4) below; and the sections which are or contain those provisions shall apply accordingly (with the necessary modifications).

(4) The provisions are: —

• section 2(1) (loans for acquiring land etc.)

• section 3(1) (loans and grants for co-operative enterprises etc.)

• sections 4 to 6 (loans and grants in improvement areas)

• sections 8 to 11 (loans and grants in special areas).

(5) Subsections (6) and (7) below apply where—

(a) the Secretary of State or Ministers wish to enter into arrangements under subsection (1) of section 7 of the 1978 Act as respects any district (arrangements to determine action in case of special social need), and

(b) any area of land is situated both in an urban development area and that district

(6) In that case, arrangements under that subsection may be entered into with—

(a) the urban development corporation, or

(b) the council or councils mentioned in paragraph (a) of that subsection, or

(c) subject to subsection (7) below, both the urban development corporation and the council or councils mentioned in that paragraph.

(7) Arrangements under that subsection which are entered into by virtue of subsection (6)(c) above may not be entered into jointly with the urban development corporation and the council or councils.

(8) Where arrangements under that subsection are entered into by virtue of subsection (6) above, they may also be entered into with such other person or persons (if any) as may appear to the Secretary of State or the Ministers appropriate.

Supply of goods, etc, to Urban Development Corporations

163 Supply of goods etc. by local authorities

(1) Subject to subsection (2) below, in the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) "public body" shall include any urban development corporation.

(2) The provisions of subsection (1) above shall have effect as if made by an order under section 1(5) of the Local Authorities (Goods and Services) Act 1970 (power to provide that a person or description of persons shall be a public body for the purposes of that Act).

(3) An order under the said section 1(5) may accordingly vary or revoke the provisions of subsection (1) above as they apply to an urban development corporation specified in the order.

Finance, accounts, reports, etc.

164 Finance, accounts, reports, etc.

(1) Schedule 31 below (finance, accounts, reports, etc. in relation to urban development corporations) shall have effect.

(2) The expenses of the Secretary of State in respect of the administration of this Part of this Act shall be paid out of money provided by Parliament.

Transfer of corporations' undertakings

165 Power to transfer undertaking

(1) Subject to this section, an urban development corporation may, by an agreement made with any local authority or any statutory undertakers and approved by the Secretary of State with the Treasury's concurrence: —

(a) transfer to the local authority the whole or any part of the corporation's undertaking, or

(b) transfer to the statutory undertakers the whole or any part of the corporation's undertaking which consists of a statutory undertaking,

upon such terms as may be prescribed by the agreement.

(2) Subsection (1) above is without prejudice to the powers of an urban development corporation under this Act to dispose of any of its property, including any trade or business carried on by it.

(3) Where—

(a) an agreement is made or is about to be made under subsection (1)(a) above; and

(b) after the transfer under it takes or has taken place only liabilities are or will be vested in the corporation,

the Secretary of State may by order vest those liabilities in himself.

(4) Before approving an agreement under this section the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated (except, in the case of an agreement made with such an authority, the authority with whom it is made).

(5) Before approving an agreement under this section for the transfer of a statutory undertaking, the Secretary of State shall publish in the London Gazette (or, in the case of an urban development area in Scotland, the Edinburgh Gazette), and in one or more newspapers circulating in the urban development area, a notice stating that the agreement has been submitted for approval and describing the general effect of the agreement.

(6) If within 28 days from publication of the notice in the London Gazette or Edinburgh Gazette in accordance with sub section (5) above any objection to the agreement is made by any statutory undertakers who, within the urban development area or any area adjacent to it, are carrying on or authorised to carry on a statutory undertaking similar to that proposed to be transferred by the agreement, 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 him and the appropriate Minister.

(7) If the Secretary of State 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 urban development corporation in respect of advances made to it by the Secretary of State under this Part of this Act should be reduced, he may, by order made with the consent of the Treasury, reduce that liability to such extent as may be specified in the order.

(8) An order under subsection (7) above shall be of no effect until it is approved by a resolution of the House of Commons.

(9) The following are local authorities for the purposes of this section, namely—

(a) (in the application of the section to England and Wales) a county council, a district council, a London borough council, the Greater London Council, and the Common Council of the City of London ;

(b) (in the application of the section to Scotland) a regional council and a district council.

Dissolution of corporations

166 Dissolution of corporations

(1) Where all the property and undertakings of an urban development corporation have been transferred under an agreement or agreements made under section 165 above, with or without an order under subsection (3) of that section, the Secretary of State may make an order by statutory instrument under this section.

(2) Before making such an order the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated.

(3) On the order coming into force, the corporation shall cease to act except for the purpose of preparing its final accounts and report and winding up its affairs.

(4) The corporation shall (without more) be dissolved on a date specified in, or ascertained by reference to the provisions of, the order.

(5) Subsection (9) of section 165 above applies for the purposes of this section as for those of that.

Miscellaneous

167 Power to survey land etc.

(1) A person to whom this subsection applies may at any reasonable time: —

(a) survey any land, or estimate its value, in connection with a proposal by an urban development corporation to acquire the land compulsorily ;

(b) for the purpose of surveying, or estimating the value of, any land in pursuance of paragraph (a) above, enter on the land and other land.

(2) Subsection (1) above applies—

(a) to a person authorised in writing by the urban development corporation; and

(b) to an officer of the Valuation Office.

(3) The power to survey land conferred by subsection (1) above includes power for a person to whom that subsection applies by virtue of subsection (2)(a) above to search and bore on and in the land for the purpose of ascertaining the nature of the subsoil or whether minerals are present in the subsoil, and the power to enter on land conferred by that subsection includes power for such a person to place and leave, on or in the land, apparatus for use in connection with the survey in question and to remove the apparatus.

(4) A person authorised by an urban development corporation to enter on land in pursuance of subsection (1) above—

(a) shall, if so required before or after entering on the land, produce evidence of his authority to enter ;

(b) may take with him on to the land such other persons and such equipment as are necessary for the survey in question;

(c) shall not (if the land is occupied) demand admission to the land as of right unless notice of the intended entry has been served by the corporation on the occupier not less than 28 days before the demand;

(d) shall (if the land is unoccupied when he enters or the occupier is then temporarily absent) leave the land as effectually secured against trespassers as he found it;

(e) shall not place or leave apparatus on or in the land or remove apparatus from the land—

(i) unless notice of his intention to do so has been served by the corporation on an owner of the land, and if the land is occupied on the occupier, not less than 28 days before he does so, and

(ii) if the land is held by a local authority or statutory undertakers who within that period serve on the corporation a notice stating that they object to the placing or leaving or removal of the apparatus on the ground that to do so would be seriously detrimental to the performance of any of their functions or, as the case may be, the carrying on of their undertakings unless he has a written Ministerial authorisation to do so;

(f) shall not search or bore on or in the land which is the subject of the survey in question if the land is held by a local authority or statutory undertakers—

(i) unless notice of his intention to do so has been served by the corporation on the authority or undertakers not less than 28 days before he does so, and

(ii) if within that period the authority or undertakers serve on the corporation a notice stating that they object to the searching or boring on the ground that to do so would be seriously detrimental to the performance of any of their functions or, as the case may be, the carrying on of their undertaking, unless he has a written Ministerial authorisation to do so.

(5) In subsection (4) above " Ministerial authorisation" means—

(a) in relation to land held by a local authority, the authorisation of the Secretary of State ; and

(b) in relation to land held by statutory undertakers, the authorisation of the Secretary of State and the appropriate Minister.

(6) In exercising the powers of this section to survey land held by a local authority or statutory undertakers a person to whom subsection (1) above applies shall comply with all reasonable conditions imposed by the authority or undertakers with regard to the entry on, surveying of, searching or boring on or in the land, or placing or leaving on, or removal of apparatus from the land.

(7) Where it is proposed to search or bore in pursuance of this section in a street or controlled land within the meaning of the [1950 c. 39.] Public Utilities Street Works Act 1950, section 26 of that Act (which imposes obligations on undertakers executing works likely to affect other undertakers' apparatus) shall have effect in relation to the searching or boring as if it were works to which that section applies and as if the person intending to do the searching or boring were operating undertakers within the meaning of that section.

(8) If, in connection with such a proposal of a corporation as is mentioned in subsection (1)(a) above, a person interested in any land suffers damage in consequence of the exercise of a power conferred by subsection (1) or (4) (b) above or a failure to perform the duty imposed by subsection (4)(d) above in respect of the land, he shall be entitled to recover compensation for the damage from the corporation.

(9) Any dispute as to a person's entitlement to compensation in pursuance of subsection (8) above or as to the amount of the compensation shall be determined by the Lands Tribunal, and sections 2(2) to (5) and 4 of the [1961 c. 33.] Land Compensation Act 1961 (which relate to the conduct of certain proceedings before the Tribunal and costs) shall with the necessary modifications apply in relation to the determination by the Tribunal of such a dispute.

(10) If a person—

(a) wilfully obstructs another person in the exercise of a power conferred on the other person by subsection (1) or (4)(b) above; or

(b) while another person is on any land in pursuance of the said subsection (4)(b), wilfully obstructs him in doing things connected with the survey in question; or

(c) removes or otherwise interferes with apparatus left on or in land in pursuance of this section,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

(11) If a person who has entered on any land in pursuance of this section discloses to another person information obtained by him there about a manufacturing process or trade secret, then, unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter on the land, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.

(12) It is hereby declared that references to surveying in this section include references to surveying from the air.

(13) In the application of this section to Scotland, for the reference in subsection (9) to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland, and for the reference in that subsection to sections 2(2) to (5) and 4 of the Land Compensation Act 1961 there shall be substituted a reference to sections 9(2) to (5) and 11 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 (which make similar provision for Scotland).

(14) In this section—

• " the statutory maximum ", in relation to a fine on summary conviction, means—

  (a)

  in England and Wales, the prescribed sum within the meaning of section 28 of the [1977 c. 45.] Criminal Law Act 1977 (at the passing of this Act £1,000); and

  (b)

  in Scotland, the prescribed sum within the meaning of section 289B of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (at the passing of this Act £1,000); and

• " the Valuation Office " means the Valuation Office of the Inland Revenue Department.

(15) The reference to section 28 of the [1977 c. 45.] Criminal Law Act 1977 in subsection (14) above shall be construed after the commencement of the [1980 c. 43.] Magistrates' Courts Act 1980 as a reference to section 32 of that Act.

168 Service of notices

(1) This section has effect in relation to any notice required or authorised by this Part of this Act to be served on any person by an urban development corporation.

(2) Any such notice may be served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

(3) Any such notice may—

(a) in the case of a body corporate, be given to or served on the secretary or clerk of that body;

(b) in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.

(4) For the purposes of this section and of section 7 of the [1978 c. 30.] Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to or on whom a notice is to be given or served shall be his last known address, except that—

(a) in the case of a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of that body ;

(b) in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.

(5) If the person to be given or served with any notice mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 as his proper address.

(6) If the name or address of any owner, lessee or occupier of land to or on whom any notice mentioned in subsection (1) above is to be served cannot after reasonable inquiry be ascertained, the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

169 Ecclesiastical property

(1) Where the fee simple of any ecclesiastical property is in abeyance, it shall be treated for the purposes of a compulsory acquisition of the property under this Part of this Act as being vested in the Church Commissioners, and any notice to treat shall be served, or be deemed to have been served, accordingly.

(2) Where under this Part of this Act any notice, other than a notice to treat, is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the Church Commissioners.

(3) This section does not extend to Scotland.

170 Interpretation: statutory undertakers etc.

(1) In this Part of this Act, unless the context otherwise requires, " statutory undertakers " means—

(a) persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water,

(b) the British Airports Authority, the Civil Aviation Authority, the National Coal Board, the Post Office and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of the 1971 Act or of the 1972 Act,

(c) any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph, and

(d) any wholly-owned subsidiary (within the meaning assigned by section 150(4) of the [1948 c. 38.] Companies Act 1948) of any person, authority, body or undertakers mentioned in paragraphs (a) and (b) above or specified in an order made under paragraph (c) above,

and " statutory undertaking " shall be construed accordingly.

(2) In section 141 above " statutory undertakers" also includes British Shipbuilders, the British Steel Corporation and the National Enterprise Board, and any wholly-owned subsidiary (within the meaning assigned by section 150(4) of the Companies Act 1948) of any of them.

(3) In this Part of this Act the expression "the appropriate Minister ", and any reference to the Secretary of State and the appropriate Minister—

(a) in relation to any statutory undertakers who are also statutory undertakers for the purposes of any provision of Part XI of the 1971 Act or Part XI of the 1972 Act, shall have the same meanings as in the said Part XI, and

(b) in relation to any other statutory undertakers, shall have the meanings given by an order made by the Secretary of State under this subsection.

(4) If, in relation to anything required or authorised to be done under this Part of this Act, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(5) An order made under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament

171 Interpretation: general

In this Part of this Act, except in so far as the context otherwise requires—

• " ecclesiastical property" means land belonging to an ecclesiastical benefice, or being or forming part of a church subject to the jurisdiction of a bishop, of any diocese or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction;

• " the 1946 Act" means the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946;

• " the 1947 Act" means the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ;

• "the 1971 Act" means the [1971 c. 78.] Town and Country Planning Act 1971;

• " the 1972 Act" means the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

• " urban development area " means an area designated by an order under section 134 above;

• "urban development corporation" means a corporation established by an order under section 135 above.

172 Extent of Part XVI

This Part of this Act (except paragraph 18 of Schedule 26) does not extend to Northern Ireland.

PART XVII Caravan Sites

173 Duty of local authorities to provide caravan sites for gipsies

There are hereby repealed—

(a) in subsection (2) of section 6 of the Act of 1968 (limitation of duty to provide adequate accommodation for gipsies and provision for exemption), the words from " and the Minister " to the end ; and

(b) section 190(2) of the [1972 c. 70.] Local Government Act 1972 (certain exemptions from the duty mentioned in paragraph (a) above to be continued in force).

174 Removal of unlawfully parked caravans and their occupants

For section 11 of the Act of 1968 (removal of unlawful encampments), there is substituted the following section: —

“11 Orders for removal of unlawfully parked caravans and then-occupants.

(1) In any area to which section 10 of this Act applies, a magistrates' court may, on a complaint made by a local authority, and if satisfied that a caravan is stationed on land within that Authority's area in contravention of that section, make an order requiring any caravan (whether or not identified in the order) which is so stationed on the land to be removed together with any person residing in it.

(2) An order under this section may authorise the local authority to take such steps as are reasonably necessary to ensure that the order is complied with and in particular, may authorise the authority, by its officers and servants—

(a) to enter upon the land specified in the order; and

(b) to take, in relation to any caravan to be removed pursuant to the order, such steps for securing entry and rendering it suitable for removal as may be so specified.

(3) The local authority shall not enter upon any occupied land unless they have given to the owner and occupier at least 24 hours notice of their intention to do so, or unless after reasonable inquiries they are unable to ascertain their names and addresses.

(4) A person who intentionally obstructs any person acting in the exercise of any power conferred on him by an order under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

(5) A constable in uniform may arrest without warrant anyone whom he reasonably suspects to be guilty of an offence under this section.

(6) Where a complaint is made under this section, a summons issued by the court requiring the person or persons to whom it is directed to appear before the court to answer to the complaint may be directed—

(a) to the occupant of a particular caravan stationed on the land in question ; or

(b) to all occupants of caravans stationed there,

without naming him or them.

(7) Where it is impracticable to serve such a summons on a person named in it, it shall be treated as duly served on him if a copy of it is fixed in a prominent place to the caravan concerned; and where such a summons is directed to the unnamed occupants of caravans, it shall be treated as duly served on those occupants if a copy of it is fixed in a prominent place to every caravan stationed on the land in question at the time when service is thus effected.

(8) The local authority shall take such steps as may be reasonably practicable to secure that a copy of any such summons is displayed on the land in question (otherwise than by being fixed to a caravan) in a manner designed to ensure that it is likely to be seen by any person camping on the land.

(9) Notice of any such summons shall be given by the local authority to the owner of the land in question and to any occupier of that land unless, after reasonable inquiries, the authority is unable to ascertain the name and address of the owner or occupier; and the owner of any such land and any occupier of any such land shall be entitled to appear and to be heard in the proceedings.

(10) Section 55(2) of the Magistrates' Courts Act 1980 (warrant for arrest of defendant failing to appear) does not apply to proceedings on a complaint made under this section.”.

175 Designation of areas for purpose of making unauthorised camping unlawful

(1) For section 12 of the Act of 1968 (designation of areas of counties and London boroughs as areas to which provisions of section 10 of that Act prohibiting unauthorised camping apply) there is substituted the following section: —

“12 Designation of areas.

(1) Subject to subsection (3) below, the Minister may by order made on the application of a county council or London borough council designate the area of that council as an area to which section 10 of this Act applies.

(2) Subject to subsection (3) below, the Minister may by order made on the joint application of a county council and one or more councils of districts within that county designate the area of the district or, as the case may be, the combined areas of the districts, as an area to which section 10 of this Act applies.

(3) The Minister shall not make an order under subsection (1) or (2) above in respect of any area unless it appears to him either that adequate provision is made in the area for the accommodation of gipsies residing in or resorting to the area, or that in all the circumstances it is not necessary or expedient to make any such provision.

(4) An order under this section may be revoked by an order made by the Minister, either on the application of the authority or authorities which made the original application or without such an application.

(5) The power of the Minister to make orders under this section shall be exercisable by statutory instrument; and any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Where an order under this section is made in respect of any area it shall be the duty of the county council for that area or, as the case may be, the London borough council concerned to take such steps as are reasonably practicable to inform gipsies within the area of the making and effect of the order.”.

(2) Where by virtue of the [1972 c. 70.] Local Government Act 1972 (which, among other things, reorganised local authority areas) a designation made before 1st April 1974 under section 12 of the 1968 Act as originally enacted (and not revoked) relates to part only of the area of a county, any order which is made on the application of the council of that county under subsection (1) or (2) of the section substituted for section 12 of the 1968 Act by subsection (1) above shall be made to extend only to an area which does not include the area designated before 1st April 1974.

176 Site licences: exemption for sites provided for gipsies by county councils or regional councils

In Schedule 1 to the Act of 1960 (cases where site licence is not required), the following is inserted after paragraph 11: —

“Gipsy sites occupied by county councils or regional councils

11A A site licence shall not be required for the use of land occupied by a county council, or in Scotland by a regional council, as a caravan site providing accommodation for gipsies.”.

177 Interpretation of Part XVII

In this Part of this Act—

• " the Act of 1960 " means the [1960 c. 62.] Caravan Sites and Control of Development Act 1960;

• " the Act of 1968 " means the [1968 c. 52.] Caravan Sites Act 1968 ;

• " caravan " has the same meaning as in the Act of 1960; and

• " gipsy " has the same meaning as in the Act of 1968.

178 Commencement and extent of Part XVII

(1) Section 174 of this Act shall commence at the expiry of the period of three months beginning with the date on which this Act is passed.

(2) In section 173 above, the repeal effected by paragraph (b) shall not take effect until the expiry of the period of 12 months beginning with the date on which this Act is passed.

(3) Subject to subsections (1) and (2) above, this Part of this Act shall commence at the expiry of the period of one month beginning with the date on which this Act is passed.

(4) Sections 173,174 and 175 above do not extend to Scotland.

PART XVIII Enterprise Zones

179 Enterprise zones

Schedule 32 below (which makes special provision about planning and rates in zones designated under the Schedule) shall have effect.

PART XIX Miscellaneous and Supplementary

Honorary Freemen

180 Honorary freemen

In section 249(5) of the [1972 c. 70.] Local Government Act 1972 after " royal borough " where it first occurs insert " or any parish or community having by grant under the royal prerogative the status of city and any parish or community entitled by such grant to be called and styled a royal town ", and after the further references to " royal borough " in that subsection and in section 249(6) insert " or parish or community as aforesaid. ".

Land Drainage

181 Precepts on local authorities for land drainage

(1) In subsection (5) of section 46 of the [1976 c. 70.] Land Drainage Act 1976 (by virtue of which the aggregate amount for which precepts in respect of the expenses of a local land drainage district may be issued for any one financial year to a local authority may not, unless special consent has been obtained, exceed 1.7 times the estimated penny rate product for the relevant area of the authority for that year) for the words from "1-7" to the end there shall be substituted the words " the amount calculated by multiplying the estimated penny rate product for the relevant area of the authority for that year by such number as the Ministers may specify by order made for the purposes of this subsection ".

(2) In subsection (6) of that section (effect of special resolution) for the words from " 1-7 " to " area " there shall be substituted the words " the amount calculated by multiplying the estimated penny rate product for the relevant area of that authority for that year by such number as the Ministers may specify by order made for the purposes of this subsection ".

(3) Accordingly, in section 109 of that Act (regulations and orders)—

(a) in subsection (2), after the words "under section" there shall be inserted the words " 46 or " ; and

(b) in subsection (3), after the word " 27," there shall be inserted the word " 46, ".

(4) The amendments made by this section shall have effect in relation to every rate period, within the meaning of the [1967 c. 9.] General Rate Act 1967, beginning with such rate period as the Ministers may by order made by statutory instrument specify.

(5) An order under subsection (4) above shall not specify a rate period beginning before 1st April 1981.

182 Rateable values

Subsection (8) of section 65 of the Land Drainage Act 1976 (by virtue of which the rateable value of any land shall be construed, where that value differs from the net annual value, as referring to the net annual value) shall cease to have effect.

Social Services

183 Relaxation of Ministerial controls over social services

(1) The following section shall be substituted for section 3 of the [1970 c. 42.] Local Authority Social Services Act 1970 (under which no matter, other than a matter which by virtue of section 2 of that Act stands referred to a local authority's social services committee may be referred to or dealt with by the committee except with the consent of the Secretary of State): —

“3 Business of Social Services Committee.

(1) A local authority may delegate to their social services committee any of their functions matters relating to which stand referred to the committee by virtue of section 2 of this Act (hereafter in this Act referred to as " social services functions ") and, before exercising any of those functions themselves, the authority shall (unless the matter is urgent) consider a report of the committee with respect to the matter in question.

(2) Nothing in section 2 of this Act prevents a local authority from referring to a committee other than their social services committee a matter which by virtue of that section stands referred to the social services committee and which in the authority's opinion ought to be referred to the other committee on the ground that it relates to a general service of the authority; but before referring any such matter the authority shall receive and consider a report of the social services committee with respect to the subject matter of the proposed reference.”.

(2) The following section shall be inserted after that section: —

“3A Power of local authority to refer or delegate to social services committee.

A local authority may refer to their social services committee any matter which in their view may appropriately be referred to that committee, but which would not otherwise stand referred to that committee by virtue of this Act, and may delegate to that committee any of their functions relating to a matter so referred.”.

(3) Section 6(3) and (4) of that Act (which give the Secretary of State power to make regulations prescribing the qualifications requisite for a person's appointment as a local authority's director of social services and make provision for his concurrence in such appointments, until regulations are made) shall cease to have effect.

Commissioners for Local Administration

184 Disclosure of information to Commissioners etc.

(1) In subsection (3) of section 32 of the [1974 c. 7.] Local Government Act 1974 (which empowers a Minister of the Crown or an authority subject to investigation to give notice to a Local Commissioner that in the opinion of the Minister or authority disclosure of certain documents or information would be contrary to the public interest and which prevents any person from communicating any such document or information to any other person, or for any purpose) for the words " any person " there shall be substituted the words " the Local Commissioner or any member of the staff of a Commission who is allocated to assist him ".

(2) In subsection (3) of section 30 of the [1975 c. 30.] Local Government (Scotland) Act 1975 (which makes similar provision for Scotland) for the words " any person " there shall be substituted the words " the Commissioner or any member of his staff ".

Pleasure Boats

185 Pleasure boats

(1) Subject to the provisions of this section, any of the following authorities, namely—

(i) a district council;

(ii) a London borough council;

(iii) the Common Council of the City of London,

may make byelaws—

(a) for regulating the numbering and naming of pleasure boats and vessels which are let for hire to the public and the mooring places for such boats and vessels; and

(b) for fixing the qualifications of the boatmen or other persons in charge of such boats or vessels ; and

(c) for securing their good and orderly conduct while in charge.

(2) No authority mentioned in subsection (1) above shall have power to make byelaws under that subsection in relation to pleasure boats or vessels operating—

(a) on any water owned or managed by the British Water ways Board;

(b) on any inland waters, as defined in section 135(1) of the [1963 c. 38.] Water Resources Act 1963, in respect of which a water authority may make byelaws under section 79 of that Act;

(c) subject to subsection (3) below, on any canal or other inland navigation which a navigation authoritly, as defined in section 135(1) of the Water Resources Act 1963, are required or empowered to manage or maintain under any enactment; or

(d) on any harbour maintained or managed by a harbour authority, as defined in section 57(1) of the [1964 c. 40.] Harbours Act 1964.

(3) Subsection 2(c) above does not preclude a local authority making byelaws under subsection (1) above in relation to pleasure boats or vessels operating on any canal or inland navigation which they themselves are required or empowered to manage or maintain.

186 Amendment of s. 94 of the Public Health Acts (Amendment) Act 1907

The following subsections shall be added at the end of section 94 of the [1907 c. 53.] Public Health Acts (Amendment) Act 1907—

“(8) No licence under this section shall be required in respect of pleasure boats and pleasure vessels on any canal owned or managed by the British Waterways Board.

(9) In subsections (1) and (3) of this section " let for hire " means let for hire to the public.”.

Miscellaneous

187 Amendment of s. 127 of Highways Act 1959

In section 127 of the [1959 c. 25.] Highways Act 1959 the words " or a gipsy " shall be omitted.

188 Removal of Ministerial control of crematoria

So much of section 1(1) of the [1952 c. 31.] Cremation Act 1952 as requires that the site and plans of a crematorium shall be approved by the Secretary of State shall cease to have effect.

189 Abolition of Clean Air Councils

Section 23 of the [1956 c. 52.] Clean Air Act 1956 (which provides for the appointment of the Clean Air Council and the Clean Air Council for Scotland) shall cease to have effect and the Councils shall cease to exist accordingly.

190 Removal of restrictions on publicity for Greater London

Section 73(2) of the [1963 c. 33.] London Government Act 1963 and section 144(3) of the [1972 c. 70.] Local Government Act 1972 (which restrict the powers of local authorities in Greater London to give publicity to its commercial and industrial advantages) shall cease to have effect.

191 Amendments of Inner Urban Areas Act 1978

(1) The following subsection shall be substituted for subsection (3) of section 6 of the [1978 c. 50.] Inner Urban Areas Act 1978 (which limits the amount of a grant under that section for converting or improving a building to 50 per cent, of the cost of carrying out the works or a fixed amount for each job which, in the opinion of the authority making the grant, is likely to be created or preserved as a result of the carrying out of the works, whichever is the less): —

“(3) The amount of a grant under this section shall not exceed 50 per cent, of the cost of carrying out the works.”.

(2) The following sub-paragraph shall be substituted for paragraph 2(1) of the Schedule to that Act (Secretary of State's notification that all or part of an improvement area is no longer to be such an area): —

“2 (1) If the area declared to be an improvement area by a resolution under paragraph 1(1) above is wholly or partly included in an area of land designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the Secretary of State, if it appears appropriate to him—

(a) may at any time before the resolution takes effect send to the authority a notification that the land included in the urban development area is not to be or to be included in the improvement area by virtue of the resolution; and

(b) may at any time after the resolution takes effect, send them a notification that the land included in the urban development area is no longer to be or to be included in the improvement area by virtue of it.”.

Supplementary

192 Finance-general

There shall be paid out of money provided by Parliament any increase in money so payable under any other Act which is attributable to the provisions of this Act.

193 Minor and consequential amendments

The enactments specified in Schedule 33 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

194 Repeals

The enactments specified in Schedule 34 to this Act (which include enactments which were obsolete or unnecessary before the passing of this Act) are repealed to the extent specified in the third column of that Schedule.

195 Scotland

(1) Parts IV, V, IX, XII, XIV, XV and XVII of this Act apply to Scotland to the extent specified in sections 27, 47, 92, 111, 125, 133 and 178 respectively.

(2) Parts VI, VIII and X of this Act do not apply to Scotland.

(3) In this Part of this Act sections 180, 181,183, 185, 186 and 190 do not extend to Scotland.

196 Northern Ireland

The following provisions of this Act extend to Northern Ireland, that is to say—

• section 101;

• section 123 ; in Schedule 17, so much of paragraph 5 as relates to section 123 ;

• in Schedule 22, paragraph 15 ;

• in Schedule 26, paragraph 18 ;

• so much of Part XI of Schedule 34 as repeals any enactment which extends to Northern Ireland ;

but except as aforesaid, and except so far as it relates to the commencement of those provisions, this Act does not extend to Northern Ireland.

197 Citation

This Act may be cited as the Local Government, Planning and Land Act 1980.