New Towns Act 1981

Part V E+W+S General and Supplemental

Accounts and audit E+W

67 Accounts of F1 ... development corporations. E+W

(1) F2 ... every development corporation—

(a) shall keep proper accounts and other records in relation to those accounts, and

[F3 (b) shall F4 ... prepare in respect of each financial year annual accounts in such form as the Secretary of State may with the Treasury’s approval direct, F5 ... ]

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The financial year F7 ... of every development corporation shall begin with 1st April [F8 but, if the Secretary of State, with the approval of the Treasury, so directs in a case where a development corporation F9 ... is to be dissolved, the final financial year of the corporation F9 ... shall be such period as is specified in the direction, and references in this Act to a financial year in relation to a development corporation F9 ... shall be construed accordingly.]

(3) Without prejudice to the generality of subsection (1) above, the Secretary of State may, with the Treasury’s approval, give directions to F10 ... a development corporation as to—

(a) the kind or number of accounts which [F11 it is] to keep.

(b) the amounts which are or are not to be credited or debited to any account,

(c) the manner of rectifying any account,

(d) provision for working balances,

and any such direction may be a general direction or a direction for a particular case.

Textual Amendments

F1 Words in s. 67 heading repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(2), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F2 Words in s. 67(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(3)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F3 S. 67(1)(b) substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 9(a)

F4 Word in s. 67(1)(b) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(3)(b), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F5 Words in s. 67(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(3)(c), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F6 S. 67(1A) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(4), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F7 Words in s. 67(2) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(5)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F8 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 9(b)

F9 Words in s. 67(2) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(5)(b), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F10 Words in s. 67(3) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(6)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F11 Words in s. 67(3)(a) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 20(6)(b); S.I. 2009/803, art. 3(1)

68 Audit. E+W

(1) The accounts F12 ... of every development corporation shall be audited by an auditor to be appointed annually by the Secretary of State in relation to the F13 ... corporation.

[F14 (2) A person shall not be so appointed auditor unless he is eligible for appointment as a [F15 statutory auditor under Part 42 of the Companies Act 2006].]

F16 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) As soon as the annual [F17 accounts of] a development corporation for any financial year have been audited, the [F17 corporation] shall send to the Secretary of State a copy of the accounts prepared by [F18 it] for that year in accordance with this section, together with a copy of any report made by the auditor on those accounts.

Textual Amendments

F12 Words in s. 68(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 21(2)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F13 Words in s. 68(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 21(2)(b), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F14 S. 68(2) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 41 (with reg. 4).

F15 Words in s. 68(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 1(x) (with arts. 6, 11, 12)

F16 S. 68(2A) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 21(3), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F17 Words in s. 68(3) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 21(4); S.I. 2009/803, art. 3(1)

F18 Word in s. 68(3) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 21(4); S.I. 2009/803, art. 3(1)

69 Secretary of State’s accounts. E+W

(1) The Secretary of State shall prepare in respect of each financial year, in such form and manner and at such times as the Treasury may direct—

F19 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an account of the sums issued to him and advanced to a development corporation under this Act and of sums received by him from the development corporation and paid into the National Loans Fund in respect of the principal of and interest on sums so advanced.

F20 ...

(2) On or before 30th November in each year, the Secretary of State shall transmit to the Comptroller and Auditor General—

F21 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the account prepared by him under subsection (1)(b) in respect of the last foregoing financial year,

and the Comptroller and Auditor General shall examine and certify every account so prepared by the Secretary of State and lay before each House of Parliament copies of each such account together with his report on it.

Textual Amendments

F19 S. 69(1)(a) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 22(2)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F20 Words in s. 69(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 22(2)(b), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F21 S. 69(2)(a) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 22(3), Sch. 16; S.I. 2009/803, arts. 3(1), 10

Modifications etc. (not altering text)

C1 S. 69(1) applied (with modifications) (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 17

Reports and information E+W

70 Reports. E+W

As soon as possible after the end of each financial year—

F22 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) every development corporation shall make to the Secretary of State a report dealing generally with the operations of the corporation during that year, and shall include in the report a copy of their audited accounts for that year,

and the Secretary of State shall lay a copy of every such report F23 [F24 ... of a development corporation] before each House of Parliament.

Textual Amendments

F22 S. 70(a) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 23(2), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F23 Words in s. 70 repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 23(3), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F24 Words in s. 70 inserted (23.5.2003) by Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 11(4)(b)

71 Information. E+W

(1) Without prejudice to the requirements imposed by section 70 above, [F25 every development corporation shall] provide the Secretary of State with such information relating to [F26 its] undertaking as the Secretary of State may from time to time require.

(2) For that purpose F27 ... every development corporation—

(a) shall permit any person authorised by the Secretary of State in that behalf to inspect and copy the accounts, books, documents or papers of the [F28 corporation], and

(b) shall afford such explanation of those accounts, books, documents or papers as that person or the Secretary of State may reasonably require.

Textual Amendments

F25 Words in s. 71(1) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 24(2)(a); S.I. 2009/803, art. 3(1)

F26 Word in s. 71(1) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 24(2)(b); S.I. 2009/803, art. 3(1)

F27 Words in s. 71(2) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 24(3)(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F28 Word in s. 71(2)(a) substituted (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 24(3)(b); S.I. 2009/803, art. 3(1)

Modifications etc. (not altering text)

C2 S. 71 functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

Miscellaneous E+W+S

72 Application and exclusion of certain enactments. E+W

(1) Any property—

(a) vested in any person by virtue of an order under section 40 or section 41 above transferring that property from a development corporation F29 ..., [F30 or

(b) of a new town corporation vested in a district council by a transfer scheme under Part III of this Act,]

shall not be treated as so vested by way of sale for the purpose of section 12 of the M1 Finance Act 1895 (stamp duty on certain statutory transfers by way of sale).

(2) For the purposes of [F31 section 9 of the M2 Acquisition of Land Act 1981] (which relates to the acquisition of inalienable land) this Act shall be deemed to have been passed before the commencement of that Act.

Textual Amendments

F29 Words in s. 72(1)(a) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 25, 16; S.I. 2008/3068, art. 2(1)(v)(2)5, Sch. (with arts. 6-13)

F30 S. 72(1)(b) and the word “or” immediately preceding it repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 194(4), 195(2), Sch. 12 Pt. II

F31 Words substituted (30.1.1982) by Acquisition of Land Act 1981 (c. 67), Sch. 4 para. 33

Marginal Citations

M1 1895 c. 16.

M2 1981 c. 67.

73 Rights of entry. E+W

(1) Where an authority, being either a development corporation or a local highway authority or the Secretary of State, are—

(a) authorised to acquire any land compulsorily under this Act, F32 ...

F32 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any person, being an officer of the Valuation Office or a person authorised in writing by such authority, may at any reasonable time enter upon the land for the purpose of surveying it or estimating its value.

(2) Any person, being an officer of the Valuation Office or a person authorised in writing by the Secretary of State, may at any reasonable time enter upon any land for the purpose of surveying it or estimating its value in connection with any proposals relating to the land submitted or to be submitted under section 7(1) above.

(3) A person authorised under the foregoing provisions of this section to enter upon any land shall, if so required, produce evidence of his authority before entering, and shall not demand admission as of right to any land which is occupied unless 24 hours’ notice of the intended entry has been given to the occupier.

(4) Any person who obstructs a person acting in the exercise of his powers under this section shall be liable on summary conviction to a fine not exceeding [F33 level 2 on the standard scale].

Textual Amendments

F32 S. 73(1)(b) and preceding word omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 13; S.I. 2016/733, reg. 3(h) (with reg. 6)

F33 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Modifications etc. (not altering text)

C3 S. 73(2) functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

74 Local inquiries. E+W

(1) The Secretary of State or any other Minister may, for the purposes of the exercise of any of his functions under this Act, and subject to the following provisions of this section, cause to be held—

(a) such local inquiries as are directed by this Act, and

(b) such other local inquiries as he may think fit.

(2) The following subsections of section 250 of the M3 Local Government Act 1972 apply to inquiries held in pursuance of this Act as they apply to inquiries held under that section—

(a) subsections (2), (3) and (5) of that section (which relate to the giving of evidence at, and the costs of parties to, local inquiries), and

(b) except as regards an inquiry held for the purposes of the exercise of the Secretary of State’s functions under any of the provisions of this Act specified in subsection (3) below, subsection (4) of that section (which relates to recovery of the costs of holding local inquiries).

(3) The provisions of this Act referred to in subsection (2) above are— [F34 [F35 sections 40 and 41] and Schedule 10]

(4) This section is without prejudice to any other enactment authorising the holding of local inquiries.

Textual Amendments

F34 Words substituted for paragraphs (a) to (c) by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 11

F35 Words in s. 74(3) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 26; S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

Marginal Citations

M3 1972 c. 70.

75 Service of notices. E+W

(1) Subject to the provisions of this section, any notice or other document required or authorised to be served or given under this Act may be served or given either—

(a) by delivering it to the person on whom it is to be served or to whom it is to be given; or

(b) by leaving it at the usual or last known place of abode of that person, or, in a case where an address for service has been given by that person, at that address; or

(c) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode, or, in a case where an address for service has been given by that person, at that address; or

(d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(2) Where the notice or document is required or authorisd to be served on or given to any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—

(a) being addressed to him by the description of “the owner”, or “the occupier”, as the case may be, of the premises (describing them), it is delivered, left or sent in the manner specified in subsection (1)(a), (b) or (c) above; or

(b) being addressed to him either by name or in accordance with paragraph (a) above, and marked in such manner as may be prescribed for securing that it shall be plainly indentifiable as a communication of importance—

(i) it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it; or

(ii) it is delivered to some person on those premises; or

(iii) it is affixed conspicuously to some object on those premises.

(3) Subsection (4) below applies where—

(a) the notice or other document is required to be served on or given to all persons having interests in, or being occupiers of, premises comprised in any land; and

(b) it appears to the authority required to serve or give the notice or other document that any part of that land is unoccupied.

(4) In such a case the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than an owner who in accordance with the relevant provisions of this Act has given to that authority an address for the service of the notice on him) if—

(a) being addressed to “the owners and any occupiers” of that part of the land (describing it), and

(b) marked as mentioned in subsection (2) above,

it is affixed conspicuously to some object on the land.

76 Ecclesiastical property. E+W

(1) [F36 Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant], it shall be treated for the purposes of a compulsory acquisition of the property under this Act as being vested in the [F37 Diocesan Board of Finance for the diocese in which the land is situated], and any notice to treat shall be served, or deemed to have been served, accordingly.

(2) Where under 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 [F37 Diocesan Board of Finance for the diocese in which the land is situated].

Textual Amendments

F36 Words in s. 76(1) substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 23(1)(b); 2006 No. 2, Instrument made by Archbishops

F37 Words in s. 76 substituted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 23(1)(a); 2006 No. 2, Instrument made by Archbishops

77 Regulations and orders. E+W

(1) The Secretary of State may make regulations for the purpose of prescribing anything which is authorised or required to be prescribed under this Act.

(2) Regulations under this Act shall be made by statutory instrument, which [F38 , subject to subsection (2A),] shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F39 (2A) A statutory instrument containing regulations under section 1A(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

(3) The power to make orders under sections 1, 2, [F40 39] 40 to 42 [F41 and 60][F41 60, 62A and 62B] above F42 ... is exercisable by statutory instrument, . . . F43

[F44 (3ZA) The power of the Secretary of State to make orders under section 3 is also exercisable by statutory instrument.]

[F45 (3A) Any provision of this Act conferring a power to make orders (whether exercisable by statutory instrument or otherwise), except section 40, implies a power exercisable in the same manner and subject to the same conditions or limitations, to revoke or amend any instrument made under the power.]

[F46 (3B) A statutory instrument containing an order made by the Secretary of State under section 1, 2 or 3 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3C) If a draft of an instrument containing an order of the Secretary of State under section 1, 2 or 3 would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.]

(4) [F47 A statutory instrument that is made by the Welsh Ministers (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) under any of the following provisions of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales—]

[F48 (a) an order under section 1 where]—

(i) the order is one designating an area as the site of a proposed new town, or one designating an additional area of not less than 500 acres which would extend the area of a new town by not less than 10 per cent., and

(ii) an objection to the order was duly made by F49 ... [F50 the local planning authority] and had not been withdrawn at the time the order was made; or

(b) [F51 an order] under section 2 [F52 42 or 62B(1)].

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

Textual Amendments

F38 Words in s. 77(2) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 16(3)(a), 46(1); S.I. 2017/767, reg. 2(f)

F39 S. 77(2A) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 16(3)(b), 46(1); S.I. 2017/767, reg. 2(f)

F40 Words inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(1)(a)

F41 “60, 62A and 62B” substituted (E.W.) for “and 60” by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 8(2)

F42 Words in s. 77(3) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 27, Sch. 16; S.I. 2009/803, arts. 3(1), 10

F43 Words repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1)(2), Sch. 3 para. 12(c), Sch. 4

F44 S. 77(3ZA) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(4)(a), 216(3); S.I. 2016/733, reg. 3(g)

F45 S. 77(3A) inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(2)

F46 S. 77(3B)(3C) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(4)(b), 216(3); S.I. 2016/733, reg. 3(g)

F47 Words in s. 77(4) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(4)(c), 216(3); S.I. 2016/733, reg. 3(g)

F48 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(3)(b)

F49 Words in s. 77(4)(a)(ii) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), ss. 169(4)(d), 216(3); S.I. 2016/733, reg. 3(g)

F50 Words in s. 77(4)(a)(ii) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 63(8) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F51 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(3)(c)

F52 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 8(2)(b)

F53 S. 77(5) repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(2), Sch. 4

78 Meaning etc. of “appropriate Minister”. E+W

(1) In this Act “the appropriate Minister” means—

(a) in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour or pier undertaking, the Secretary of State for Transport;

(b) in relation to statutory undertakers carrying on an undertaking for the supply of . . . F54 hydraulic power, the [F55 Secretary of State for Trade and Industry];

(c) in relation to . . . F56 the Civil Aviation Authority or statutory undertakers carrying on any lighthouse undertaking, the Secretary of State for Trade;

(d) in relation to [F57 a universal postal service provider] . . . F58 , the Secretary of State for Industry;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(f) in relation to any other statutory undertakers, the Secretary of State for the Environment.

(2) References in this Act to the Secretary of State and the appropriate Minister have effect—

(a) as references to the Secretary of State and the appropriate Minister, if the appropriate Minister is not the one concerned as the Secretary of State; and

(b) as references to the one concerned as the Secretary of State alone, if he is also the appropriate Minister.

(3) If any question arises—

(a) in relation to anything required or authorised to be done under this Act as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury;

(b) in relation to the authorisation under this Act of a compulsory acquisition of land, whether land of statutory undertakers is operational land, that question shall be determined by the Secretary of State and the appropriate Minister.

Textual Amendments

F54 Words repealed by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I and by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18 (with s. 112(3), Sch. 17 para. 35(1) )

F55 Words in s. 78(1) substituted (5.7.1992) by S.I. 1992/1314, art. 3(3), Sch. 1, para. 1(c)

F56 Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I

F57 Words in s. 78(1)(d) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 51 (subject to art. 1(3))

F58 Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 7 Pt. I

F59 S. 78(1)(e) repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

Modifications etc. (not altering text)

C4 S. 78(1)(a) transfer of functions (7.5.2008) by Transfer of Functions (Miscellaneous) Order 2008 (S.I. 2008/1034), arts. 1(2), 5

C5 S. 78(1)(b) transfer of functions (5.3.2009) by Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), arts. 1(2), 4, Sch. 1(b)

C6 S. 78(1)(f) transfer of functions (7.5.2008) by Transfer of Functions (Miscellaneous) Order 2008 (S.I. 2008/1034), arts. 1(2), 5

79 Meaning of “statutory undertakers” and “operational land”. E+W

(1) In this Act, except in so far as the context otherwise requires, “statutory undertakers” means—

(a) persons authorised by any enactment to carry on—

(i) any railway, light railway, tramway, road transport, water transport, canal or inland navigation undertaking, or

(ii) any dock, harbour, pier or lighthouse undertaking, or

(iii) any undertaking for the supply of F60 . . ., . . . F61 [F62 or hydraulic power], or

(b) the Civil Aviation Authority . . . [F63 , or]

[F64 (ba) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services),]or

(c) [F65 a universal postal service provider in connection with the provision of a universal postal service] . . . F66 ,

and “statutory undertaking” shall be construed accordingly.

[F67 (1A) For the purposes of this Act—

(a) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

(b) the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.]

[F68 (1B) The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.]

(2) In this Act, subject to subsection (3) below, and except in so far as the context otherwise requires, “operational land”, in relation to statutory undertakers, means—

(a) land which is used for the purpose of the carrying on of their undertaking, and

(b) land in which an interest is held for that purpose,

not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

(3) In this Act “operational land”—

(a) in relation to [F69 a universal postal service provider], has the meaning given by paragraph 93(4) of Schedule 4 to the M4 Post Office Act 1969;

(b) in relation to the Civil Aviation Authority, has the meaning given by [F70 paragraph 5 of Schedule 2 to the Civil Aviation Act 1982];

[F64 (ba) in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means any land which is used by the licence holder (or by a company associated with it) for the purpose of carrying out activities authorised by the licence or land in which the licence holder (or a company associated with it) holds an interest for that purpose.]

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

[F67 (4) If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.]

Textual Amendments

F60 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18 (with s. 112(3), Sch. 17 para. 35(1))

F61 Word repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

F62 Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 64(2) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F63 Word in s. 79(1) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 5(2) (with s. 106); S.I. 2001/869, art. 2

F64 S. 79(1)(ba)(3)(ba) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 5(2)(4) (with s. 106); S.I. 2001/869, art. 2

F65 Words in s. 79(1)(c) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 52(2) (subject to art. 1(3))

F66 Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 3(1)(k), Sch. 7 Pt. I

F67 S. 79(1A)(4) inserted (1.4.2001) by 2000 c. 38, s. 37, Sch. 5 para. 5(3)(5) (with s. 106); S.I. 2001/869, art. 2

F68 S. 79(1B) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 52(3) (subject to art. 1(3))

F69 Words in s. 79(3)(a) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 52(4) (subject to art. 1(3))

F70 Words substituted by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 15 para. 26

F71 S. 79(3)(c) repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 7 Pt. I

Marginal Citations

M4 1969 c. 48.

80 General interpretation provisions. E+W

(1) In this Act, except in so far as the context otherwise requires—

• “acquiring authority”, in relation to the acquisition under or for the purposes of this Act of any land (whether compulsorily or by agreement) or to a proposal so to acquire any land, means the development corporation, local highway authority or Minister of the Crown by whom the land is, or is proposed to be, acquired;

• F72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

• “compulsory purchase order” means an order under section 10(1) or section 11(1) or (2) above;

• “development” includes re-development and “develop” shall be construed accordingly;

• “development corporation” has the meaning given by section 3 above;

• [F73 “dispose”, in relation to property, includes the granting of any interest in or right over it; ]

• “ecclesiastical property” means land belonging to an ecclesiastical benefice [F74 of the Church of England], or being or forming part of a church subject to the jurisdiction of a bishop of any diocese [F74 of the Church of England] or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction;

• “enactment”, except in Schedule 10 to this Act, includes an enactment in any local or private Act of Parliament, and an order, byelaw or scheme made under an Act of Parliament;

• [F73 “financial year”, in relation to a development corporation F75 ..., shall be construed in accordance with section 67(2) above; ]

• “fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the M5 National Trust Act 1907 or section 8 of the M6 National Trust Act 1939;

• “land” includes messuages, tenements, and hereditaments, houses, and buildings of any tenure;

• “local authority” means

  (a)

  [F76 [F77 a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;]

  (aa)

  [F78 a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;]

  (c)

  a levying body within the meaning of section 74 of [F79 the Local Government Finance Act 1988], and

  (d)

  a body as regards which section 75 of that Act applies]

  and any joint board or joint committee if all the constituent authorities are such local authorities as are mentioned above;

• “local highway authority” means a highway authority other than the Secretary of State;

• “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907;

• “open space” means any land laid out as a public garden, or used for purposes of public recreation, or land being a disused burial ground;

• “owner”, in relation to any building or land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the building or land, whether in possession or reversion, or who holds or is entitled to the rents and profits of the building or land under a lease or agreement of which the unexpired term exceeds 3 years;

• “planning permission” means permission under Part III of [F80 the Town and Country Planning Act 1990];

• “prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

• “trolley vehicle” means a mechanically propelled vehicle adapted for use on roads without rails and moved by power transmitted to it from some external source;

• [F81 “universal postal service provider” means a universal service provider within the meaning of [F82 Part 3 of the Postal Services Act 2011]; and references to the provision of a universal postal service shall be construed in accordance with [F83 that Part];]

• “Valuation Office” means the Valuation Office of the Inland Revenue Department.

(2) Any reference in this Act to the area of a new town is a reference to the area designated as the site of that new town by the relevant order under section 1 above.

(3) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(4) Nothing in this Act shall be taken as prejudicing the provisions of—

F84 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Part X of the M7 Local Government, Planning and Land Act 1980 (land held by public bodies).

Textual Amendments

F72 Definition of 'the Commission' in s. 80(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 28(a), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F73 Definition inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 13

F74 Words in s. 80(1) inserted (1.10.2006) by Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), s. 16(2), Sch. 5 para. 23(2); 2006 No. 2, Instrument made by Archbishops

F75 Words in s. 80(1) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 28(b), Sch. 16; S.I. 2009/803, arts. 3(1), 10

F76 Words substituted by S.I. 1990/776, art. 8, Sch. 3 para. 22

F77 In the definition of "local authority" in s. 80(1), paras. (a)(aa) substituted (2.11.1992) for para. (a) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13, para. 51 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 2

F78 Words in s. 80(1) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 52(1)(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F79 Words in s. 80(1) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 52(1)(3); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F80 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 51(3)

F81 S. 80(1): definition of

“universal postal service provider”

inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 53 (subject to art. 1(3))

F82 Words in s. 80(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 113(a); S.I. 2011/2329, art. 3

F83 Words in s. 80(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 113(b); S.I. 2011/2329, art. 3

F84 S. 80(4)(a) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

Marginal Citations

M5 1907 c. cxxxvi.

M6 1939 c. lxxxvi.

M7 1980 c. 65.

81 Saving and transitional provisions, consequential amendments and repeals. E+W

Subject to the saving and transitional provisions given effect to in Schedule 11 to this Act—

(a) the enactments specified in Schedule 12 to this Act have effect subject to the amendments (being amendments consequent on this Act) specified in that Schedule; and

(b) the enactments specified in Schedule 13 to this Act (which include enactments which were spent before the passing of this Act) are repealed to the extent specified in the third column of that Schedule.

82 Short title, extent and commencement. E+W

(1) This Act may be cited as the New Towns Act 1981.

(2) The provisions of this Act mentioned below (and no others) extend to Scotland—

(a) section 60, and in relation to that section, subsections (3) and [F85 (3A)] of section 77;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

(c) paragraphs [F87 1 and 2] of Schedule 11;

(d) Schedule 12 so far as it amends provisions which apply to Scotland; and

(e) Schedule 13 so far as it repeals section 1(2) of the M8 New Towns Act 1975, section 14(4) of the M9 New Towns (Amendment) Act 1976, the M10 New Towns Act 1980, and sections 126 and 127 and (so far as it relates to Scotland) section 133 of the M11 Local Government, Planning and Land Act 1980.

The provisions mentioned in paragraph (a) shall be taken to have extended to Scotland since section 43 of the M12 New Towns Act 1965 as substituted by section 1(2) of the New Towns Act 1975 came into effect, without prejudice to sections 16 and 17 of the M13 Interpretation Act 1978 (which relate to the effect of repeals).

(3) Except for F88 ... Schedule 13 so far as it repeals section 14(4) of the New Towns (Amendment) Act 1976, nothing in this Act extends to Northern Ireland.

(4) This Act shall come into force on the expiry of the period of one month beginning on the date of its passing.

Textual Amendments

F85 “(3A)” substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123: 3, 4), s. 14(1), Sch. 3 para. 14

F86 S. 82(2)(b) repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123: 3, 4), s. 14(2), Sch. 4

F87 Words in s. 82(2)(c) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 29(a); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F88 Words in s. 82(3) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 29(b), Sch. 16; S.I. 2008/3068, art. 2(1)(v)(2)5, Sch. (with arts. 6-13)

Marginal Citations

M8 1975 c. 42.

M9 1976 c. 68.

M10 1980 c. 36.

M11 1980 c. 65.

M12 1965 c. 59.

M13 1978 c. 30.