The New Town (Cumbernauld) Winding Up Order 1993

Statutory Instruments

1993 No. 3062 (S.291)

NEW TOWNS

The New Town (Cumbernauld) Winding Up Order 1993

Made

8th December 1993

Coming into force

1st January 1994

The Secretary of State, in exercise of the powers conferred on him by section 36(1) and (3) of the New Towns (Scotland) Act 1968(1), and of all other powers enabling him in that behalf, after consultation, in accordance with section 36(2) of the said Act, with the development corporation to which this Order relates and the councils of the region and of the district in which the new town of Cumbernauld is situated and such other persons or bodies as he thought appropriate, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the New Town (Cumbernauld) Winding Up Order 1993 and shall come into force on 1st January 1994.

(2) In this Order–

“development corporation” means the Cumbernauld Development Corporation established by the New Town (Cumbernauld) (Development Corporation) Order 1956(2);

“Special Development Order” means the Town and Country Planning (Scotland) (New Town of Cumbernauld) (Special Development) Order 1973(3).

Winding up of the development corporation

2.  The development corporation shall be wound up and the winding up shall–

(a) commence on 1st January 1994; and

(b) be completed by 31st December 1996.

Interim reports by the development corporation

3.  The development corporation shall make an interim report to the Secretary of State on the progress of the winding up–

(a) for the period commencing on 1st January 1994 and ending on 31st March 1994;

(b) for the period commencing on 1st April 1994 and ending on 31st March 1995; and

(c) for the period commencing on 1st April 1995 and ending on 31st March 1996,

and, in relation to each of the said periods, the development corporation shall submit the report to the Secretary of State by 30th June in the relevant year.

Directions

4.  The development corporation shall comply with any directions made in relation to it by the Secretary of State under section 36C of the New Towns (Scotland) Act 1968(4).

Revocation of the Special Development Order

5.  On 31st March 1996 the Special Development Order is hereby revoked.

Consequential and ancillary provision

6.  Notwithstanding article 5 above, where any development was authorised development within the meaning of article 3(2) and (3) of the Special Development Order by virtue of an authorisation in writing issued by the development corporation on or before 31st March 1996, or would have been such development if carried out on or before that date, the carrying out of that development by such persons as are mentioned in the said article 3(2) shall by virtue hereof be permitted during the period beginning with 1st April 1996 and ending with 31st March 2001 subject to limitations and conditions (so far as applicable to that development) corresponding to those contained in the said Order.

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

8th December 1993

Explanatory Note

(This note is not part of the Order)

This Order provides for the winding up of the Cumbernauld Development Corporation and sets the date for the commencement of the winding up as 1st January 1994 and the date for the completion of the winding up as 31st December 1996.

The Order requires the development corporation to make interim reports on the progress of the winding up and to comply with any directions made by the Secretary of State under section 36C of the New Towns (Scotland) Act 1968.

The Order revokes the Town and Country Planning (Scotland) (New Town of Cumbernauld) (Special Development) Order 1973 (S.I. 1973/1030). It also provides, notwithstanding such revocation, that any written authorisation for the carrying out of development as mentioned in article 3(2) and (3) of the 1973 Order shall have effect for a period of 5 years after the revocation of that Order.

(1)

1968 c. 16; section 36 was substituted by the Enterprise and New Towns (Scotland) Act 1990 (c. 35), section 33.

(2)

S.I. 1956/201, amended by S.I. 1959/341 and by the New Town (Cumbernauld) (Development Corporation) Amendment Order 1973. The 1973 Amendment Order is not a statutory instrument: a copy is available free of charge from the Scottish Office Industry Department, New St Andrew’s House, Edinburgh.

(3)

S.I. 1973/1030.

(4)

Section 36C was inserted by the Enterprise and New Towns (Scotland) Act 1990 (c. 35), section 33.