Local Government, Planning and Land Act 1980

Section 133.

SCHEDULE 25 New Towns

PART I Amendments of [1965 c. 59.] New Towns Act 1965

Transactions of corporations and Commission

1 After section 3(5) of the 1965 Act insert—

(6) A transaction between a person and a development corporation shall not be invalidated by reason of any failure by the corporation to observe the objects in subsection (1) above or the requirement in subsection (2) above that the corporation shall exercise the powers conferred by that subsection for the purpose there mentioned.

2 In section 4(4) of the 1965 Act for "unless that person had actual notice of that direction " substitute " , and such a person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with. "

3 (1) Section 18 of the 1965 Act (disposal of land by development corporation) shall be amended as follows.

(2) In the proviso to subsection (1) after " consent of the Minister " insert " (given generally or specially) ".

(3) After subsection (3) insert—

(3A) Where a development corporation purports to dispose of land by virtue of this section, then—

(a) in favour of any person claiming under the corporation, the disposal so purporting to be made shall not be invalid by reason that any consent which is required under the proviso to subsection (1) above has not been given, 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.

4 (1) Section 37 of the 1965 Act (restrictions on functions of Commission) shall be amended as follows.

(2) In subsection (5) for the words from "unless" to the end substitute " , and such a person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with. "

(3) After subsection (5) insert—

(5A) Where the Commission purports to dispose of land by virtue of section 36 of this Act, then—

(a) in favour of any person claiming under the Commission, the disposal so purporting to be made shall not be invalid by reason that any authority which is required under subsection (3)(a) above had not been given, and

(b) a person dealing with the Commission or a person claiming under the Commission shall not be concerned to see or enquire whether any such authority has been given.

5 (1) Subject to sub-paragraph (2) below, nothing in paragraphs 1 to 4 above affects a transaction or purported disposal made before the date on which this Schedule comes into force.

(2) The proviso to section 18(1) of the 1965 Act shall be taken always to have contained the insertion mentioned in paragraph 3(2) above, as shall the provision consolidated in the proviso (namely, the proviso to section 5(1) of the [1946 c. 68.] New Towns Act 1946) while that provision was in force.

Orders: Scotland

6 (1) Sub-paragraph (2) below applies to section 53 of the 1965 Act (regulations and orders), so far as it relates to an order under section 43 of that Act (as substituted by section 1(2) of the [1975 c. 42.] New Towns Act 1975).

(2) Section 53 shall extend to Scotland, and shall be taken to have so extended on the substitution of section 43 coming into effect; and section 57(3) of the 1965 Act (extent) shall be construed accordingly.

PART II Amendment of [1968 c. 16.] New Towns (Scotland) Act 1968

7 In section 18(4) of the 1968 Act, after " disposal thereof by way of " insert " sale ".

PART III Amendment of Land Compensation Act 1961

8 (1) After paragraph 8 of Schedule 1 to the [1961 c. 33.] Land Compensation Act 1961 (disregard of development in certain cases, including cases where land forms part of a new town area) there shall be inserted the following:

“9 (1) This paragraph applies where, before the date of service of the notice to treat for the purposes of a compulsory acquisition (the relevant acquisition), the land has been disposed of by an authority or body in circumstances where paragraph 3 or 3A of this Schedule would have applied if (at the time of the disposal) the authority or body had been compulsorily acquiring the land.

(2) In that case, paragraphs 3 and 3A shall not apply for the purposes of the relevant acquisition.”

(2) This paragraph does not apply where a notice to treat has been served before this paragraph comes into force.

PART IV Amendments of Land Compensation (Scotland) Act 1963

9 (1) In Schedule 1 to the [1963 c. 51.] Land Compensation (Scotland) Act 1963 there shall be inserted below the words " Schedule 1 " a new cross heading " Part I " and at the end of that Schedule there shall be added the following: —

“PART II SPECIAL PROVISION AS TO NEW TOWNS

5 (1) This paragraph applies where, before the date of service of the notice to treat for the purposes of a compulsory acquisition (the relevant acquisition), the land has been disposed of by an authority or body in circumstances where paragraph 3 or 3A of this Schedule would have applied if (at the time of the disposal) the authority or body had been compulsorily acquiring the land.

(2) In that case, paragraphs 3 and 3A shall not apply for the purposes of the relevant acquisition.”.

(2) (a) In sections 13, 14 and 15 of the said Act after the words " first column" and the words " second column" wherever they occur there shall be inserted the words " of Part I ";

(b) in section 13 of the said Act after subsection (2) there shall be inserted a new subsection as follows:

“(2A) The provisions of Part II of Schedule 1 to this Act shall have effect with regard to paragraphs 3 and 3A of Part I of that Schedule.”.

(3) This paragraph shall not apply where a notice to treat has been served before this paragraph comes into force.