Local Government, Planning and Land Act 1980

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.