Local Government, Planning and Land Act 1980

Section 106.

SCHEDULE 21 E+W Land Authority for Wales: Further Provisions

Borrowing powers E+W

1 (1) The Authority may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions—

(a) in sterling from the Secretary of State, or

(b) with the consent of the Secretary of State, or in accordance with any general authority given by the Secretary of State, in sterling from a person other than the Secretary of State.

(2) The Authority may borrow otherwise than by way of temporary loan such sums in sterling as the Authority may require from the Secretary of State.

(3) The aggregate amount outstanding by way of the principal of any money borrowed by the Authority under this paragraph shall not exceed £20 million.

(4) The Authority shall not borrow money otherwise than under this paragraph.

(5) The Secretary of State may lend to the Authority any sums which the Authority has power to borrow from him, and any such loan shall be repaid to the Secretary of State at such times and by such methods, and interest on the loan shall be paid to him at such rates and at such times, as he may from time to time determine.

(6) The Treasury may issue out of the National Loans Fund to the Secretary of State such sums as are necessary to enable him to make loans in pursuance of this paragraph, and any sums received by the Secretary of State in pursuance of sub-paragraph (5) above shall be paid into that Fund.

(7) References in this paragraph to the Secretary of State are references to him acting with the approval of the Treasury.

Guarantees E+W

2 (1) The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of [F1 the payment of interest on and the discharge of any other financial obligation in connection with] any sums which the Authority borrows from a person other than the Secretary of State.

(2) Immediately after a guarantee is given under this paragraph the Treasury shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling the guarantee so given the Treasury shall, as soon as practicable after the end of each financial year (beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged), lay before each House of Parliament a statement relating to that sum.

(3) Any sums required by the Treasury for fulfilling a guarantee under this paragraph shall be charged on and issued out of the Consolidated Fund.

(4) If any sums are issued in fulfilment of a guarantee given under this paragraph, the Authority shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rates as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.

(5) Any sums received by the Treasury in pursuance of sub-paragraph (4) above shall be paid into the Consolidated Fund.

Textual Amendments

F1 Words substituted by virtue of Miscellaneous Financial Pensions Act 1983 (c. 29, SIF 99:1), s. 4(1), Sch. 2

Accounts and audit E+W

3 (1) The Authority shall—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare in respect of each accounting year a statement of accounts, in such form as the Secretary of State may with the approval of the Treasury require, showing the state of affairs and the profit or loss of the Authority, and

(c) on or before 30th November in any year transmit to the Comptroller and Auditor General the statement of accounts of the Authority for the accounting year last ended.

(2) The Comptroller and Auditor General shall examine and certify the statement of accounts transmitted to him under sub-paragraph (1) above, and lay copies of it together with his report thereon before each House of Parliament.

(3) The Secretary of State shall for each financial year prepare, in such form and manner as the Treasury may approve, account of—

(a) sums issued to the Secretary of State in pursuance of paragraph 1 above (or section 10 of the 1975 Act), and the disposal by the Secretary of State of those sums;

(b) sums required to be paid into the National Loans Fund in pursuance of paragraph 1 above (or section 10 of the 1975 Act);

and shall send a copy of the account to the Comptroller and Auditor General not later than the end of November next following that year; and the Comptroller and Auditor General shall examine, certify and report on the account and shall lay copies of it and of his report on it before Parliament.

Accounts and records about land E+W

4 (1) The Authority shall—

(a) keep such accounts and records, and

(b) prepare and submit to the Secretary of State such statements of account,

relating to the acquisition, holding and disposal of land as the Secretary of State may with the approval of the Treasury direct.

(2) Directions under sub-paragraph (1) above may in particular relate to—

(a) the items which are or are not to be included in the accounts, and the kinds of transactions which are to be recorded, and

(b) the form and manner in which the statements of accounts are to be prepared and the times at which they are to be submitted to the Secretary of State.

(3) Money to be credited to an account kept under this paragraph shall not be applied by the Authority for any purpose without the consent of the Secretary of State.

(4) Where any item debited to an account kept under this paragraph has been defrayed by borrowing, the Authority shall not be required, notwithstanding anything in any enactment, to make any annual provision for the repayment of the capital.

(5) The Authority shall supply the Secretary of State—

(a) with such information as the Secretary of State may specify to enable him to ascertain the state of any account or record kept, or to verify any statement of account submitted to him, under this paragraph, and

(b) with such certificates supporting the information as the Secretary of State may specify.

(6) The Secretary of State may publish in such manner as appears to him appropriate—

(a) statements of account submitted to him under this paragraph, and

(b) any information obtained by him under sub-paragraph (5) above.

Surplus accounts E+W

5 (1) The Secretary of State may, with the approval of the Treasury and after consulting the Authority, direct that any statement of account which—

(a) is submitted to him under paragraph 4 above for any financial year, and

(b) is of a kind specified in the direction,

shall be a surplus account.

(2) So much of any surplus in a surplus account as the Secretary of State with the approval of the Treasury directs shall be paid by the Authority to the Secretary of State.

(3) The remainder of the surplus (if any) shall be applied by the Authority for any purpose for which capital money may be properly applied.

(4) The Secretary of State shall for each financial year prepare, in such form and manner as the Treasury may approve, an account of the sums received by him under this paragraph.

(5) The Secretary of State shall, on or before 30th November in any year, transmit to the Comptroller and Auditor General the said account for the financial year last ended.

(6) The Comptroller and Auditor General shall examine and certify the account submitted to him, and lay copies of it together with his report before each House of Parliament.

Reports E+W

6 (1) The Authority shall as soon as practicable after the end of each accounting year make to the Secretary of State a report on the exercise of its functions during that year.

(2) The report for any accounting year—

(a) shall set out any direction given to the Authority under this Part of this Act, unless the Secretary of State has notified to the Authority his opinion that it should be omitted in the interests of national security, and

(b) shall include such information relating to the plans, past and present activities, of the Authority and the financial position of the Authority as the Secretary of State may from time to time direct.

(3) There shall be attached to the report for each accounting year a copy of the statements of accounts in respect of that year.

(4) The Secretary of State shall lay before Parliament copies of each report made to him under sub-paragraph (1) above.

Modifications etc. (not altering text)

C1 Sch. 21 para. 6 modified (1.10.1998) by 1998 c. 38, s. 138(2) (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

Register of land holdings E+W

7 (1) The Secretary of State may by regulations provide for the keeping of a register by the Authority recording its acquisitions, holdings and disposals of land.

(2) Regulations under this paragraph may prescribe—

(a) the kinds of land and the kinds of transactions to be registered,

(b) the form of the registers, and the particulars to be contained in them,

(c) the circumstances in which, and conditions subject to which, the registers are to be open to public inspection.

Information E+W

8 (1) Where, with a view to performing a function conferred on the Authority by this Part of this Act, the Authority considers that it ought to have information connected with any land, the Authority may serve on one or more of the following persons, namely—

(a) the occupier of the land; and

(b) any person who has an interest in the land either as freeholder, mortgagee or lessee or who directly or indirectly receives rent for the land; and

(c) any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it,

a notice specifying the land and the function and the provision which confers the function and requiring the recipient of the notice to furnish to the Authority, within a period specified in the notice (which shall not be less than 14 days beginning with the day on which the notice is served), the nature of his interest in the land and the name and address of each person whom the recipient of the notice believes to be the occupier of the land and of each person whom he believes to be, as respects the land, such a person as is mentioned in paragraphs (b) and (c) above.

(2) A person who—

(a) fails (without reasonable excuse) to comply with the requirements of a notice served on him in pursuance of sub-paragraph (1) above; or

(b) in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F2 level 4 on the standard scale]

Textual Amendments

F2 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

9 (1) Every local authority in Wales shall supply the Authority—

(a) with such information as the Secretary of State may by regulations prescribe for the purposes of this paragraph (being information the Authority may need for the purpose of performing its functions), and

(b) with such certificates supporting the information as the Secretary of State may in the regulations specify.

(2) If a district council in Wales receives an application for planning permission made after the passing of this Act, the council shall as soon as practicable after receipt send a copy of the application to the Authority.

(3) In Wales on any grant after the passing of this Act of planning permission, the local planning authority (or as the case may be the Secretary of State) shall as soon as practicable send a copy of the notification of the planning permission to the Authority.

(4) Sub-paragraphs (2) and (3) above shall not apply if and so far as the Authority directs.

Service of documents E+W

10 Sections 231 and 233 of the M1 Local Government Act 1972 (service of documents on local authorities, and by local authorities) shall apply as if the Authority were a local authority.

Marginal Citations

M1 1972 c. 70 (81:1).

Regulations and orders E+W

11 (1) The Secretary of State may make regulations for prescribing the form of—

(a) any document required or authorised by or under this Part of this Act to be given to or served on the Authority, and

(b) any document authorised by or under this Part of this Act to be given, served, made or issued by the Authority.

(2) Any power—

(a) to make orders under any provision of this Part of this Act other than paragraph 12(4) and 14(5) of Schedule 20, and

(b) to make regulations under any provision of this Part of this Act, shall be exercisable by statutory instrument.

(3) Any regulation or order under this Part of this Act—

(a) may make different provision for different areas or other different cases;

(b) may include transitional and other supplemental and incidental provisions.

Directions and consents E+W

12 Any direction or consent given by the Secretary of State under this Part of this Act may be—

(a) either general or limited to any particular case or class of case;

(b) in any of the instances mentioned in sub-paragraph (a) above, unconditional or subject to conditions,

and any such direction or consent may be varied or revoked by him.

Local inquiries E+W

13 Section 250 of the M2 Local Government Act 1972 shall extend to any public local inquiry held under the [F3 1981] Act, by virtue of this Part of this Act, as if the Authority were a local authority.

Textual Amendments

F3 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 30(11)

Marginal Citations

M2 1972 c. 70 (81:1).

Exclusion of special parliamentary procedure E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

F4 14

Textual Amendments

F4 Sch. 20 para. 3, Sch. 21 para. 14, Sch. 28 Pt. IV para. 22 repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I

Crown land E+W

15 (1) Notwithstanding the Crown or Duchy interest a private interest in Crown land may, with the consent in writing of the appropriate authority, be acquired compulsorily under section 104 above.

(2) In this paragraph “Crown land” means land in which there is a Crown interest or a Duchy interest, and—

(a) “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department,

(b) “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall,

(c) “private interest” means an interest which is not a Crown interest or a Duchy interest,

and “appropriate authority” in relation to Crown land shall be determined in accordance with [F5 section 293(2) of the 1990 Act]

Textual Amendments

F5 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(10)

Offences by corporations E+W

16 (1) Where an offence under this Part of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary, or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and liable to be proceeded against accordingly.

(2) Where the affairs of a body corporate are managed by its members, this section shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of a body corporate.