Acts of Parliament

Index to the Acts

See the index for the full list of Acts relating to children, schools and education and for notes on the texts.


Local Government, Planning and Land Act 1980

This wide-ranging Act amended previous legislation relating to various aspects of local government.

The main reference to education is in Section 63: Adjustment of block grant in connection with education, and the associated Schedule 10.

Notes

behoof: use or benefit

easement: a right to cross or use someone else's land

enure: come into operation, have effect

hereditaments and heritages: property that can be inherited

mandamus: a judicial writ to a lower court or ordering a person to perform a statutory duty

I have corrected 14 minor printing errors.

The text of the Local Government, Planning and Land Act 1980 was prepared by Derek Gillard and uploaded on 7 March 2020.


Local Government, Planning and Land Act 1980

© Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.



[page i]

Local Government, Planning and Land Act 1980


CHAPTER 65


ARRANGEMENT OF SECTIONS

PART I

LOCAL GOVERNMENT - RELAXATION OF CONTROLS

Section

1. Relaxation of Ministerial control of authorities.

PART II

PUBLICATION OF INFORMATION BY LOCAL AUTHORITIES

2. Duty of authorities to publish information.
3. Supplementary provisions relating to codes of practice on publication of information.
4. Power to direct bodies to publish information.

PART III

DIRECT LABOUR ORGANISATIONS

Works contracts

5. Meaning of "works contract".
6. Regulation of works contracts.
7. Limitations on power to enter into works contracts.

Functional work

8. Meaning of "functional work".
9. Regulation of functional work.

Accounting provisions

10. Accounts relating to construction or maintenance work.
11. Exemption from requirement to keep separate accounts under section 10.


[page ii]

12. Contents of accounts relating to construction or maintenance work.
13. Annual balance sheet etc.
14. Accounts under section 10 and other local authority accounts.

Financial provisions

15. Payment for construction or maintenance work undertaken in pursuance of delegated functions etc.
16. General financial duty: treatment of deficits.
17. Rates of return: powers of Secretary of State.

Supplementary

18. Annual reports on construction or maintenance work.
19. Application to joint committees.

General

20. Interpretation of Part III.
21. Exemption of small direct labour organisations from requirements of Part III.
22. Consequential repeal or amendment of local statutory provisions.
23. Part III - supplementary.

PART IV

LOCAL GOVERNMENT ALLOWANCES

24. Right of councillor to opt for financial loss allowance.
25. Amendments relating to allowances to members of local authorities and other bodies.
26. Introduction of special responsibility allowances for members of local authorities.
27. Vice-chairmen of councils in Scotland and application of Part IV to Scotland.

PART V

RATES

Valuation

28. New valuation lists.
29. Ascertainment of rateable value of non-industrial buildings.
30. Valuation and adjusted valuation.

Fish Farms

31. Rating exemption for fish farms in England and Wales.
32. Rating exemption for fish farms in Scotland.

Reliefs

33. Domestic rate relief.
34. Payment by instalments.


[page iii]

Recovery of rates

35. Recovery of rates pending settlement.
36. Rating of owners and occupiers.
37. Recovery of rates from owners.
38. Charges in respect of distress.
39. Postponement of warrant of commitment.
40. Security for unpaid rates.

Unused and unoccupied property

41. Suspension of provision for liability to progressive surcharge in respect of unused office etc. property.
42. Rating of unoccupied property.

Miscellaneous

43. Clerks of local valuation panels.
44. Notice of rate.
45. Rate rebates.
46. Amendment of industrial etc. de-rating provisions: Scotland.
47. Commencement and extent of Part V.

PART VI

RATE SUPPORT GRANT

Amendments relating to existing system of rate support grants

48. General power to reduce rate support grant.
49. Reduction of resources element.
50. Reduction of needs element for authorities in Greater London.
51. Supplementary grants for transport purposes.
52. Separate provision for Wales.

New system of rate support grants

53. Introduction of new system of rate support grants.
54. The aggregate amount of rate support grants.
55. The domestic rate relief grant.
56. The block grant.
57. Determination of grant-related poundage and grant-related expenditure.
58. Principles for determination of grant-related poundage.
59. Adjustments of distribution of block grant.
60. The Rate Support Grant Report.
61. Supplementary reports.
62. Adjustment of block grant total.
63. Adjustment of block grant in connection with education etc.
64. Special provision for Metropolitan Police District.


[page iv]

65. Submission of information.
66. Estimates and calculations.
67. Changes in rateable values.
68. Rate support grant - supplementary.

PART VII

MISCELLANEOUS GRANTS

Grants in respect of rate rebates for disabled

69. Grants in respect of rebates under the Rating (Disabled Persons) Act 1978.

Grants for caravan sites

70. Grants in respect of caravan sites for gipsies.

PART VIII

CAPITAL EXPENDITURE OF LOCAL AUTHORITIES ETC.

71. Expenditure to which Part VIII applies.
72. Expenditure which authorities may make.
73. Projects of regional or national importance.
74. Withdrawal of specification.
75. Capital receipts.
76. Specification of expenditure - supplementary.
77. Local authorities sharing expenditure.
78. Power to give directions in relation to expenditure.
79. Payments etc. in contravention of direction under section 73 or 78.
80. Valuation etc.
81. Expenditure of Greater London Council and London Transport Executive.
82. Other Passenger Transport Executives and their subsidiaries.
83. Submission to Passenger Transport Authority of proposals to acquire certain interests in land or goods.
84. Regulations under Part VIII.
85. Part VIII - supplementary.

PART IX

TOWN AND COUNTRY PLANNING

Allocation of planning functions

86. Distribution of planning functions between planning authorities.

Planning fees

87. Fees for planning applications etc.


[page v]

Surveys and structure plans and local plans

88. Local plans - expedited procedure.
89. Additional amendments relating to surveys and plans.

General planning amendments

90. Planning - general.

Compulsory acquisition

91. Amendments relating to compulsory acquisition.

Amendments of Town and Country Planning (Scotland) Act 1972

92. Town and Country Planning - Scotland.

PART X

LAND HELD BY PUBLIC BODIES

93. Public bodies to whom Part X applies.
94. Areas in which Part X is to operate.
95. Registration of land holdings.
96. Public access to information.
97. Power of Secretary of State to require information.
98. Disposal of land at direction of Secretary of State.
99. Directions to dispose of land - supplementary.
100. Interpretation and extent of Part X.

PART XI

COMMUNITY LAND ACT

101. Repeal.

PART XII

THE LAND AUTHORITY FOR WALES

The Authority

102. The Authority.

Functions

103. The Authority's functions.

Acquisition of land

104. Power of acquisition.
105. Requisitioning of sewers.


[page vi]

Miscellaneous

106. Further provisions.
107. Financial provisions.
108. Interpretation: statutory undertakers etc.
109. Interpretation: general.
110. Supplementary.
111. Extent.

PART XIII

LAND COMPENSATION

112. Claims for compensation for depreciation.
113. Claims for compensation for depreciation which are out of time on commencement date.
114. Claims for home loss payments.
115. Interpretation of Part XIII.

PART XIV

LAND - MISCELLANEOUS

Development land

116. Assessment of development land.

Derelict land

117. Extension of powers to make grants for reclamation of land.

Miscellaneous provisions about land

118. Land: miscellaneous amendments.
119. Planning Boards: land acquisition.
120. Compulsory acquisition: exclusion of special parliamentary procedure.
121. Certification of appropriate alternative development.
122. Acquisition and disposal of land by the Crown.
123. Acquisition of land by the Crown in Northern Ireland.
124. Town development functions.
125. Extent of Part XIV.

PART XV

NEW TOWNS

Payments to Secretary of State

126. Sums to be paid to Secretary of State.
127. Power to dispose of land.


[page vii]

Reduction of designated areas

128. Orders reducing designated areas.
129. Effect of order: general.
130. Effect of order: disposal of land.

Licensing

131. Off-licences: special provisions to cease.
132. Power to end special licensing provisions.

Miscellaneous

133. Interpretation, amendments and extent.

PART XVI

URBAN DEVELOPMENT

Urban development areas

134. Urban development areas.

Urban development corporations

135. Urban development corporations.
136. Objects and general powers.
137. Exclusion of functions.
138. Restrictions on powers.
139. Allocation or transfer of functions.
140. Consultation with local authorities.

Land

141. Vesting by order in corporation.
142. Acquisition by corporation.
143. Acquisition by local highway authority.
144. Vesting and acquisition: supplementary.
145. Land compensation.
146. Disposal by corporation.

Planning blight

147. Planning blight.

Planning functions

148. Planning control.
149. Corporation as planning authority.
150. Planning: corporation and local highway authority.


[page viii]

Building control etc.

151. Building control.
152. Fire precautions and home insulation.

Housing etc.

153. Corporation as housing authority.
154. Rent rebates.
155. Rent.
156. Other provisions relating to corporations as landlords.

Highways

157. Highways.

Sewerage etc.

158. Sewerage.
159. Public health etc.

Loans for building

160. Loans for building.
161. Loans in pursuance of building agreements.

Inner urban areas

162. Inner urban areas.

Supply of goods etc. to Urban Development Corporations

163. Supply of goods etc. by local authorities.

Finance, accounts, reports, etc.

164. Finance, accounts, reports, etc.

Transfer of corporations' undertakings

165. Power to transfer undertaking.

Dissolution of corporations

166. Dissolution of corporations.

Miscellaneous

167. Power to survey land etc.
168. Service of notices.
169. Ecclesiastical property.
170. Interpretation: statutory undertakers etc.
171. Interpretation: general.
172. Extent of Part XVI.


[page ix]

PART XVII

CARAVAN SITES

173. Duty of local authorities to provide caravan sites for gipsies.
174. Removal of unlawfully parked caravans and their occupants.
175. Designation of areas for purpose of making unauthorised camping unlawful.
176. Site licences: exemption for sites provided for gipsies by county councils or regional councils.
177. Interpretation of Part XVII.
178. Commencement and extent of Part XVII.

PART XVIII

ENTERPRISE ZONES

179. Enterprise zones.

PART XIX

MISCELLANEOUS AND SUPPLEMENTARY

Honorary freemen

180. Honorary freemen.

Land drainage

181. Precepts on local authorities for land drainage.
182. Rateable values.

Social services

183. Relaxation of Ministerial controls over social services.

Commissioners for local administration

184. Disclosure of information to Commissioners etc.

Pleasure boats

185. Pleasure boats bye laws.
186. Amendment of s. 94 of the Public Health Acts (Amendment) Act 1907.

Miscellaneous

187. Amendment of s. 127 of Highways Act 1959.
188. Removal of Ministerial control of crematoria.
189. Abolition of Clean Air Councils.
190. Removal of restrictions on publicity for Greater London.
191. Amendments of Inner Urban Areas Act 1978.


[page x]

Supplementary

192. Finance - general.
193. Minor and consequential amendments.
194. Repeals.
195. Scotland.
196. Northern Ireland.
197. Citation.

SCHEDULES:
Schedule 1 - Provisions to which section 1(1) refers.
Schedule 2 - Relaxation of controls over functions relating to clean air and pollution.
Schedule 3 - Relaxation of controls over functions relating to amenity etc.
Schedule 4 - Relaxation of controls over functions relating to weights and measures and trade.
Schedule 5 - Allotments.
Schedule 6 - Relaxation of controls over charges and rates of interest etc.
Schedule 7 - Highways and Road Traffic.
Part I - Highways.
Part II - Road Traffic.
Schedule 8 - Enactments mentioned in section 53(11 )(c).
Schedule 9 - Domestic rate relief grant.
Schedule 10 - Adjustment of block grant in connection with education etc.
Schedule 11 - Metropolitan Police District.
Part I - Interpretation.
Part II - Special provisions relating to block grant.
Schedule 12 - Prescribed expenditure under Part VIII.
Schedule 13 - Expenditure of Greater London Council and London Transport Executive.
Part I - Adjustment between England and Wales.
Part II - Other adjustments between Authorities.
Part III - General.
Schedule 14 - Amendments relating to surveys and plans.
Schedule 15 - Further planning amendments.
Schedule 16 - Bodies to whom Part X applies.
Schedule 17 - Community Land Act.
Part I - Preliminary.
Part II - Repeals.
Part III - Provisions re-enacted etc.
Part IV - Savings and supplementary.
Schedule 18 - The Land Authority for Wales.
Schedule 19 - Public Authorities.

[page xi]

Schedule 20 - Land Authority for Wales: Acquisition of Land.
Part I - Modifications of 1946 Act.
Part II - Acquisition of land by agreement.
Part III - Supplemental provisions.
Schedule 21 - Land Authority for Wales: further provisions.
Schedule 22 - Supplementary provisions (Wales).
Schedule 23 - Land: miscellaneous amendments.
Part I - Amendments of Acquisition of Land (Authorisation Procedure) Act 1946.
Part II - Amendments of National Parks and Access to the Countryside Act 1949.
Part III - Amendments of Town and Country Planning Act 1959.
Part IV - Amendments of Town and Country Planning Act 1971.
Part V - Amendments of Local Government Act 1972.
Part VI - Amendment of Local Government (Scotland) Act 1973.
Schedule 24 - Land Compensation Acts as amended.
Part I - Section 17 of Land Compensation Act 1961.
Part II - Section 25 of Land Compensation (Scotland) Act 1963.
Schedule 25 - New Towns.
Part I - Amendments of New Towns Act 1965.
Part II - Amendment of New Towns (Scotland) Act 1968.
Part III - Amendment of Land Compensation Act 1960.
Part IV - Amendments of Land Compensation (Scotland) Act 1963.
Schedule 26 - Urban Development Corporations.
Schedule 27 - Vesting of land in Urban Development Corporations.
Part I - Modification of Enactments: England and Wales.
Part II - Modification of Enactments: Scotland.
Schedule 28 - Urban Development Corporations: Land.
Part I - Modifications of 1946 and 1947 Acts.
Part II - Acquisition of land by agreement.
Part III - Land: supplementary.
Part IV - Acquisition of rights.

[page xii]

Schedule 29 - Planning functions of Urban Development Corporations - England and Wales.
Part I - Enactments referred to in section 149(3)(a).
Part II - Enactments referred to in section 149(3)(b).
Schedule 30 - Planning Functions of Urban Development Corporations: Scotland.
Part I - Enactments referred to in section 149(8)(a).
Part II - Enactments referred to in section 149(8)(b).
Schedule 31 - Urban Development Corporations: Finance etc.
Part I - Preliminary.
Part II - Finance.
Part III - General Accounts etc.
Schedule 32 - Enterprise zones.
Part I - Designation of zones.
Part II - Modification of scheme, etc.
Part III - Planning.
Part IV - Rates - England and Wales.
Part V - Rates - Scotland.
Schedule 33 - Minor and consequential amendments.
Schedule 34 - Repeals.
Part I - Repeals consequential on section 1(1) - various controls.
Part II - Repeals consequential on section 1(2) - clean air and pollution.
Part III - Repeals consequential on section 1(3) - amenity etc.
Part IV - Repeals consequential on section 1(4) - weights and measures and trade.
Part V - Repeals consequential on section 1(5) - allotments.
Part VI - Repeals consequential on section 1(6) - charges and rates of interest etc.
Part VII - Repeals consequential on section 1(7) - highways.
Part VIII - Repeals consequential on section 1(8) - road traffic.
Part IX - Rates.
Part X - Town and country planning.
Part XI - Community land.
Part XII - Land compensation.
Part XIII - Repeals consequential on section 118.
Part XIV - Town development.
Part XV - New towns.
Part XVI - Miscellaneous.


[page 1]

ELIZABETH II

Local Government, Planning and Land Act 1980

1980 CHAPTER 65

An Act to relax controls over local and certain other authorities; to amend the law relating to the publication of information, the undertaking of works and the payment of allowances by local authorities and other bodies; to make further provision with respect to rates and to grants for local authorities and other persons and for controlling the expenditure of local authorities; to amend the law relating to planning; to make provision for a register of public land and the disposal of land on it; to repeal the Community Land Act 1975; to continue the Land Authority for Wales; to make further provision in relation to land compensation, development land, derelict land and public bodies' acquisitions and disposals of land; to amend the law relating to town development and new towns; to provide for the establishment of corporations to regenerate urban areas; to make further provision in relation to gipsies and their caravan sites; to abolish the Clean Air Councils and certain restrictions on the Greater London Council; to empower certain further authorities to confer honorary distinctions; and for connected purposes. [13th November 1980]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-


[page 2]

PART I

LOCAL GOVERNMENT - RELAXATION OF CONTROLS

Relaxation of Ministerial control of authorities.

1.-(1) So much of the provisions mentioned in Schedule 1 to this Act -

(a) as makes the exercise of any power of a local authority subject -
(i) to a right of appeal to a Minister; or

(ii) to the provisions of regulations made by a Minister; or

(b) as confers upon a Minister any power to give a local authority directions or power to require a local authority to make byelaws; or

(c) as requires a local authority to make any report or give any notice to a Minister.

shall cease to have effect.

(2) The amendments specified in Schedule 2 to this Act shall have effect for the purpose of limiting -

(a) the powers of the Secretary of State and the Treasury to supervise local authorities, water authorities and river purification authorities in the discharge of their functions relating to clean air and pollution; and

(b) the powers of the Treasury to control rates of interest on sums payable to such authorities and to the Secretary of State in respect of expenses incurred by them in the discharge of such functions.

(3) The amendments specified in Schedule 3 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to amenity and connected matters.

(4) The amendments specified in Schedule 4 to this Act shall have effect for the purpose of limiting the Secretary of State's powers to supervise local authorities in, the discharge of their functions relating to weights and measures and to trade.

(5) The amendments specified in Schedule 5 to this Act shall have effect for the purpose -

(a) of limiting the Secretary of State's powers to supervise local authorities in the discharge of their functions relating to allotments; and

(b) of otherwise amending the enactments relating to the duties of the Secretary of State and of local authorities in relation to allotments.


[page 3]

(6) The amendments specified in Schedule 6 to this Act shall have effect for the purpose of limiting the powers of Ministers to control charges to be imposed by local authorities for the services provided by them and rates of interest to which local authorities may be entitled.

(7) The amendments specified in Part I of Schedule 7 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to highways.

(8) The amendments specified in Part II of that Schedule shall have effect in relation to the functions of local authorities relating to road traffic and to matters connected with those functions.

PART II

PUBLICATION OF INFORMATION BY LOCAL AUTHORITIES

Duty of authorities to publish information.

2.-(1) The authorities to whom this section applies are -

(a) a county council;

(b) a district council;

(c) the Greater London Council;

(d) a London borough council;

(e) the Common Council of the City of London;

(f) the Council of the Isles of Scilly;

(g) in Scotland, a regional, islands or district council;

1947 c. 41.
(h) a fire authority constituted by a combination scheme under section 5 or 6 of the Fire Services Act 1947, or in Scotland, a joint committee constituted by an administration scheme under section 36 of that Act;
1964 c. 48. 1967 c. 77.
(j) a police committee constituted under section 2 of the Police Act 1964 or in Scotland a police authority constituted under section 2 of the Police (Scotland) Act 1967;

(k) a combined police authority constituted in accordance with the provisions of an amalgamation scheme under section 21 of the Police Act 1964 or in Scotland, a joint police committee constituted in accordance with the provisions of an amalgamation scheme under section 19 or 21A of the Police (Scotland) Act 1967; and

(l) the Inner London Education Authority.

(2) The Secretary of State may issue for the purposes of this section a code of recommended practice as to the publication of information by such authorities about the discharge of their functions and other matters (including forecasts) which he considers to be related.


[page 4]

(3) In relation to the Inner London Education Area functions conferred on education authorities by the Education Acts 1944 to 1980 shall be treated for the purposes of this section as conferred on the Inner London Education Authority.

(4) A code may be prepared either by the Secretary of State or by some other person at his request.

(5) The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

(6) A code may specify -

(a) that publication be made in periodical reports or in any other specified manner;

(b) the occasions on which such publication is to be made; and

(c) the form which such publication is to take.

(7) Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information -

1967 c. 9. 1973 c. 65.

(a) its dispatch with, or inclusion in, a demand note on which a rate is levied under the General Rate Act 1967 or the Local Government (Scotland) Act 1973;
1972 c. 70.
(b) its inclusion in an abstract of accounts prepared by an authority to whom this section applies in accordance with regulations under section 166 of the Local Government Act 1972 or section 105 of the Local Government (Scotland) Act 1973; or

(c) its being made available for inspection by members of the public at an authority's offices or elsewhere.

(8) A code may specify steps which authorities are to take to inform the public of the availability of the information.

(9) Where a code specifies information as to the cost of the discharge of any of the functions of authorities, it may specify how the cost is to be determined.

(10) More than one code may be issued under this section, and different codes may deal with -

(a) different classes of information;

(b) different kinds of authority or the same kind of authority in different circumstances or different areas;

(c) different manners, forms or occasions of publication.

Supplementary provisions relating to codes of practice on publication of information.

3.-(1) The Secretary of State may make regulations requiring authorities to whom section 2 above applies to publish any description of information specified in a code issued under that section if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description.


[page 5]

(2) The Secretary of State may make regulations requiring such authorities to publish any description of information specified in a code issued under section 2 above in the manner and form specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description in that manner and form.

(3) Where the occasions specified in a code for the publication of any description of information recur not more often than once a year, the Secretary of State may make regulations requiring authorities to publish information of that description on the occasions specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on those occasions.

(4) Where the occasions specified in a code for the publication of any description of information recur more often than once a year, the Secretary of State may make regulations requiring authorities to publish information on the occasions specified in the code if -

(a) the information is of a description to which this subsection applies; and

(b) in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on the occasions specified in the code.

(5) The descriptions of information to which subsection (4) above applies are -
(a) information about the discharge of authorities' functions relating to housing or land;

(b) information about the number of their employees or the number of any description of their employees; and

1971 c. 78. 1972 c. 52.
(c) information about the determination of applications for planning permission under the Town and Country Planning Act 1971 or the Town and Country Planning (Scotland) Act 1972.
(6) The Secretary of State may by order direct that subsection (4) above shall apply to descriptions of information other than those specified in subsection (5) above.

(7) Any regulations under this section and any order under subsection (6) above may make different provision in relation to authorities in England, authorities in Scotland and authorities in Wales.


[page 6]

(8) The power to make any such regulations or order shall be exercisable by statutory instrument.

(9) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) No order under subsection (6) above shall have effect until approved by a resolution of each House of Parliament.

(11) Before issuing a code under section 2 above or making regulations under this section or an order under subsection (6) above the Secretary of State shall consult such associations of authorities to whom section 2 above applies as appear to him to be concerned and any such authority with whom consultation appears to him to be desirable.

(12) A code may specify and regulations under subsection (2) above may require that any description of information shall be published to the public in general or to any section of it.

Power to direct bodies to publish information.

4.-(1) The relevant Minister may direct that a body or description of bodies specified in any of the paragraphs of subsection (4) below shall publish information about the discharge of their functions and other matters (including forecasts) which he considers to be related.

(2) Different directions may be given to bodies of the same description in different areas.

(3) A direction under this section may specify -

(a) the manner in which information is to be published;

(b) the occasions on which such publication is to be made; and

(c) the form which such publication is to take.

(4) The bodies and descriptions of bodies mentioned in subsection (1) above are -

1965 c. 59. 1968 c. 16.

(a) development corporations established under the New Towns Act 1965 or the New Towns (Scotland) Act 1968;

(b) the Commission for the New Towns;

(c) water authorities;

(d) urban development corporations within the meaning of Part XVI of this Act;

1968 c. 73. 1972 c. 70.
(e) Passenger Transport Executives established by orders under section 9 of the Transport Act 1968 or section 202 of the Local Government Act 1972;

(f) the London Transport Executive; and


[page 7]

(g) district councils carrying on road passenger transport undertakings.
(5) In this section "the relevant Minister" means in relation -
(a) to the descriptions of bodies mentioned in subsection (4)(e) and (g) above, in the application of those paragraphs to England; and

(b) to the London Transport Executive, the Minister of Transport.

(6) Subject to subsection (5) above, in this section "the relevant Minister" means the Secretary of State.

(7) A direction given to a district council under this section may only relate to its road passenger transport undertaking.

PART III

DIRECT LABOUR ORGANISATIONS

Works contracts

Meaning of "works contract".

5.-(1) Subject to subsection (2) below, in this Part of this Act "works contract" means a contract which is or comprises -

(a) an agreement (in this Part of this Act referred to as a "maintenance agreement ") under -
1963 c. 33.
(i) section 5(3)(c) of the London Government Act 1963 (agreements between Greater London Council and other London authorities for the carrying out of works of maintenance by one party in connection with land or buildings for the maintenance of which another party is responsible), or

1970 c. 39.

(ii) section 1 of the Local Authorities (Goods and Services) Act 1970 (in this Part of this Act referred to as "the 1970 Act") (which provides for the carrying out by a local authority of such works of maintenance as are referred to in subsection (1)(d) of that section); or

(b) an agreement under section 18(4) of the London Government Act 1963 (agreements between Greater London Council and other London authorities with regard to metropolitan roads); or

(c) an agreement made by virtue of any other enactment (including a provision of a local Act) which provides for the carrying out by a local authority of any construction or maintenance work;


[page 8]

and in this section "works authority", in relation to a works contract, means the local authority or, if there is more than one, each of the local authorities, by whom construction or maintenance work is or is to be undertaken in pursuance of the contract.

(2) A contract is not a works contract by reason only that it is or comprises an agreement under which the functions of a Minister of the Crown or of any public body, within the meaning of the 1970 Act, fall to be discharged by a local authority, notwithstanding that, in the exercise of the functions, the local authority undertake construction or maintenance work.

(3) If and so far as the provision by a works authority of goods, materials, services, vehicles, plant or other equipment which is incidental to construction or maintenance work undertaken by that authority in pursuance of a works contract is the subject of a separate agreement, that agreement shall be treated as part of the works contract for the purposes of this Part of this Act.

Regulation of works contracts.

6.-(1) Except in so far as section 7 below otherwise provides, a local authority may enter into a works contract in such circumstances and on such terms, having regard to the duty imposed on them by section 16 below, as they consider appropriate.

(2) Notwithstanding anything in the 1970 Act or in any other enactment relating to such an agreement as is mentioned in section 5(1)(c) above, a body which is a public body within the meaning of the 1970 Act may not (whether as the works authority or as the body for whom any works are to be carried out) enter into a contract which in any respect contravenes any limitation imposed by section 7 below.

(3) In any case where -

(a) before the appointed day, and whether before or after the passing of this Act, a local authority entered into a maintenance agreement, and

(b) the circumstances in which or the terms on which the maintenance agreement was entered into are such that, having regard to section 7 below and to any regulations made under that section, it would not be lawful for them to enter into a similar agreement immediately after the appointed day,

then, at the expiry of the period of twelve months beginning on the appointed day, it shall cease to be lawful for the maintenance agreement to be carried out.


[page 9]

(4) Accordingly, if the maintenance agreement is governed by English law and the parties to it do not make other provision before the expiry of that period of twelve months, the Law Reform (Frustrated Contracts) Act 1943 shall apply to the maintenance agreement with effect from the expiry of that period.

Limitations on power to enter into works contracts.

7.-(1) A local authority may not -

(a) enter into a works contract whose value exceeds the prescribed amount unless they do so as the result of acceptance of a tender, or

(b) enter into a works contract whose value is equal to or less than the prescribed amount unless they have complied with such conditions as may be prescribed by regulations made by the Secretary of State.

(2) In this section "the prescribed amount" means an amount specified in regulations made by the Secretary of State.

(3) For the purposes of this Part of this Act an authority enter into a contract as the result of acceptance of a tender if -

(a) the contract was made by acceptance of an offer on their part to carry out the work in question; and

(b) they made the offer in response to an invitation to submit such offers; and

(c) the invitation was extended to at least three other persons.

(4) The Secretary of State may by regulations -
(a) direct the manner in which the value of a contract is to be determined for the purposes of this section; and

(b) specify descriptions of contract to which subsection (1) above is not to apply; and

(c) specify for the purposes of subsection (3)(c) above a number of persons different from three.

(5) Without prejudice to the generality of subsection (4) above, regulations made by virtue of paragraph (a) of that subsection may direct that a number of contracts shall be treated as if they were one contract for the purpose of determining whether the prescribed amount is exceeded.

(6) Regulations under this section may make different provision in relation to different contracts and descriptions of contracts.

(7) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Functional work

Meaning of "functional work".

8.-(1) Subject to subsection (2) below, in this Part of this Act "functional work" means construction or maintenance work undertaken by a local authority otherwise than under a


[page 10]

works contract or by a development body, for the performance of, or in connection with -

(a) their functions; or

(b) their obligations under any arrangements, agreement or requirement made under any enactment and providing for the discharge by them of any functions o f-

(i) a Minister of the Crown; or

(ii) a water authority; or

1972 c. 70.
(iii) a local authority within the meaning of Part VI of the Local Government Act 1972; or

(iv) a regional, islands or district council; or

1973 c. 65.
(v) a joint board within the meaning of section 235 of the Local Government (Scotland) Act 1973.
(2) Subject to subsection (3) below, where a local authority or development body carry out construction or maintenance work for the performance of, or in connection with, any of their functions or any of their obligations such as are referred to in subsection (lHb) above by placing a contract for the doing of the work by another person (either directly or, in whole or in part, through sub-contractors) the work shall be treated as not being functional work.

(3) Subsection (2) above shall not apply to work done under a contract if that work is dependent upon, or incidental or preparatory to, other construction or maintenance work undertaken or to be undertaken by persons in the employment of the local authority or development body.

Regulation of functional work.

9.-(1) Subject to the following provisions of this section, a local authority or development body may undertake such functional work as they consider appropriate, having regard to the duty imposed by section 16 below.

(2) A local authority or development body may not undertake functional work of any description unless they have first prepared a written statement -

(a) of the amount which they will credit to their DLO revenue account in respect of carrying out the work or of carrying out work of that description which they intend or expect to carry out; or

(b) of a method by which they intend that the amount to be so credited shall be calculated.

(3) The Secretary of State may by regulations -
(a) specify descriptions of functional work which a local authority or development body may not undertake unless they.have first complied with the conditions specified in subsection (4) below as well as with subsection (2) above; and

[page 11]

(b) specify conditions with which a local authority or development body must comply, as' well as complying with subsection (2) above, before they undertake functional work of any other description.
(4) The conditions mentioned in subsection (3)(a) above are -
(a) that they have invited offers to undertake the work, in accordance with conditions specified by them, from at least three persons included in a list maintained by them of persons who are willing to undertake such work; and

(b) that they have furnished any statement which they are required to furnish in pursuance of subsection (8) below.

(5) The Secretary of State may by regulations specify for the purposes of subsection (4)(a) above a number of persons different from three.

(6) Where a local authority or development body are required to comply with the conditions specified in subsection (4) above, the written statement which they are required to prepare under subsection (2) above is a statement consistent with conditions corresponding to those specified in the invitation mentioned in subsection (4)(a) above.

(7) Where -

(a) a local authority or development body are required to comply with conditions specified in regulations made by virtue of subsection (3)(b) above; and

(b) the conditions require them to invite offers to undertake work,

the written statement which they are required to prepare under subsection (2) above is a statement consistent with conditions corresponding to those specified in the invitation.

(8) If any person requires a local authority or development body to do so, they shall furnish him with a written statement showing who is to undertake the work, its estimated cost and the price of each offer submitted to the local authority or development body in consequence of the invitation mentioned in subsection (4)(a) above.

(9) In subsection (8) above "estimated cost", in relation to any work, means -

(a) if the local authority or development body are to carry out the work themselves, its cost as estimated under subsection (2) above; and

(b) if any other person is to carry it out, the price for which he has contracted to carry it out.


[page 12]

(10) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Accounting provisions

Accounts relating to construction or maintenance work.

10.-(1) Every local authority who undertake construction or maintenance work -

(a) under works contracts, or

(b) by way of functional work,

and every development body who undertake construction or maintenance work by way of functional work shall keep, in respect of each of the descriptions of such work specified in subsection (2) below -
(i) a revenue account (in this Act referred to as a "DLO revenue account"); and

(ii) such other accounts as may be directed by the Secretary of State.

(2) The descriptions of construction or maintenance work mentioned in subsection (1) above are -
(a) general highway works;

(b) works of new construction, other than general highway works, the cost of which in the estimation of the authority or development body will exceed £50,000;

(c) works of new construction, other than general highway works, the cost of which in the estimation of tho authority or development body will not exceed £50,000; and

(d) works of maintenance within the meaning of the 1970 Act, other than such works of maintenance in connection with highways.

(3) In subsection (2) above "general highway works" means -
(a) construction and maintenance work for the purpose of the laying out, construction, improvement, maintenance or repair of highways, other than work for the purpose of the construction of highways which is connected with the carrying out of other works of new construction; and

(b) the gritting of or clearing of snow from highways.

(4) The Secretary of State may by regulations -
(a) amend subsection (2) above;

(b) specify descriptions of construction or maintenance work, in addition to the descriptions of such work specified in that subsection, as being descriptions of such work


[page 13]

in respect of which a local authority or development body are to be under a duty to keep the accounts mentioned in subsection (1) above.
(5) A statutory instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section "works of new construction" means building or civil engineering works of any description which are not works of maintenance within the meaning of the 1970 Act.

Exemption from requirement to keep separate accounts under section 10.

11.-(1) Subsection (1) of section 10 above does not require a local authority or development body to keep -

(a) in respect of any description of construction or maintenance work specified in subsection (2) of that section; or

(b) in respect of any description of such work specified in regulations under subsection (4) of that section,

accounts for any financial year separate from accounts kept for that year in respect of any other description of construction or maintenance work, if the local authority or development body did not at anyone time in the previous financial year employ more than thirty persons, other than persons excluded by subsection (2) below, who were engaged (whether wholly or partly) in carrying out construction or maintenance work of that description.

(2) The persons excluded by this subsection are persons engaged wholly or mainly upon the design, development or control of construction or maintenance work.

(3) The Secretary of State may by order specify for the purposes of subsection (1) above a number of persons less than thirty.

(4) The power to make an order conferred by subsection (3) above shall be exercisable by statutory instrument.

(5) A statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Contents of accounts relating to construction or maintenance work.

12.-(1) Subject to subsection (4) below, a local authority or development body may not credit any DLO revenue account in respect of the cost of carrying out any functional work with a sum in excess of the appropriate amount.

(2) Where they have prepared a written statement in accordance with section 9(2)(a) above, the appropriate amount is the amount specified in that statement.


[page 14]

(3) Where they have prepared a written statement in accordance with section 9(2)(b) above, the appropriate amount is an amount calculated in accordance with the method in that statement.

(4) Where the statement allowed for a variation in the appropriate amount in the event of changed circumstances, then if the circumstances arise (but not otherwise) the local authority or development body may credit the account with such sum as the statement allowed for in those circumstances.

(5) Subject to subsections (1) and (4) above, the Secretary of State may give directions -

(a) as to items which are to be included in accounts kept under section 10 above;

(b) as to the method of determining the amount of any item to be included in such accounts;

(c) as to the method of determining the cost of undertaking any construction or maintenance work; and

(d) as to the extent to which the cost of providing professional, technical and administrative services for the purposes of or in connection with construction or maintenance work of any description is to be treated as part of the cost of undertaking such work of that description.

Annual balance sheet etc.

13.-(1) Every local authority who in any financial year undertake construction or maintenance work, whether under works contracts or by way of functional work or both, and every development body who in any financial year undertake construction or maintenance work by way of functional work, shall prepare the documents mentioned in subsection (2) below not later than 30th September in the financial year following that year.

(2} The documents are -

(a) a balance sheet;

(b) a revenue account;

(c) a statement of rate of return.

(3) The balance sheet must show a true and fair view of the state of affairs of the local authority or development body, at the end of the financial year to which it relates, in respect of construction or maintenance work undertaken by them in that year.

(4) Subject to subsection (5) below, a revenue account must show a true and fair view of the financial result of the local authority or development body having undertaken, in the financial year to which it relates, each description of construction or maintenance work to which it relates.


[page 15]

(5) Where by virtue of section 11 above a revenue account relates to more than one description of construction or maintenance work, subsection (4) above shall have effect as if it required the account to show a true and fair view of the combined financial result of the local authority or development body having undertaken, in the financial year to which the account relates, all the descriptions of construction or maintenance work to which it relates.

(6) A statement of rate of return must give such information as is necessary to show whether, in respect of the financial year to which it relates, the local authority or development body have complied with section 16(1) below.

Accounts under section 10 and other local authority accounts. 1962 c. 70. 1973 c. 65.

14.-(1) Sections 10, 12 and 13 above are without prejudice to the power of the Secretary of State to make regulations under section 166 of the Local Government Act 1972 or section 105 of the Local Government (Scotland) Act 1973 (regulations relating to publication of information and the form, preparation, keeping and certification of accounts, etc.) relating to DLO revenue accounts and accounts required by directions under section 10(1)(ii) above.

(2) Notwithstanding anything in subsection (2) of section 2 of the 1970 Act (local authorities, within the meaning of that Act, to keep a separate account in respect of agreements under section 1), a local authority shall not be required by that subsection to keep a separate account in respect of any agreement under section 1 of that Act which provides for the carrying out of such works of maintenance as are referred to in subsection (1)(d) of that section.

Financial provisions

Payment for construction or maintenance work undertaken in pursuance of delegated functions etc.

15.-(1) Where a local authority or development body undertake construction or maintenance work which is functional work by virtue of paragraph (b) of section 8(1) above, they shall be entitled notwithstanding anything in any enactment or in the arrangements or agreement referred to in that paragraph, to a payment in respect of undertaking that work equal to the amount which, in accordance with this Part of this Act, would be credited to the DLO revenue account kept by them in respect of work of that description if the work so undertaken were functional work by virtue of paragraph (a) of that subsection.

(2) Subject to subsection (3) below, nothing in subsection (1) above applies to functional work undertaken in pursuance of an arrangement or agreement entered into before the appointed day.


[page 16]

(3) If an arrangement or agreement entered into before the appointed day provides for the delegation of a function for an indefinite period or for a period terminable by the parties to it or by either or any of them, this section shall apply to work undertaken in pursuance of the arrangement or agreement in the first financial year which begins after the appointed day and in subsequent financial years.

General financial duty: treatment of deficits.

16.-(1) Every local authority or development body who undertake construction or maintenance work -

(a) of any of the descriptions specified in subsection (2) of section 10 above; or

(b) of any description specified by regulations under subsection (4) of that section,

whether under works contracts or by way of functional work or both, shall secure that, in respect of each financial year, their revenue from work of that description shows such positive rate of return on the capital employed for the purpose of carrying out the work as the Secretary of State may direct.

(2) Subject to subsection (3) below, the rate of return on capital employed shall be determined for the purposes of this section by such method as the Secretary of State may direct.

(3) The rate of return shall in all cases be determined on a current cost accounting basis.

(4) If at the end of any financial year any DLO revenue account of a local authority or development body is in deficit, the amount of the deficit shall be charged -

(a) in the first instance to any DLO reserve fund established by them; and

(b) subject thereto -

(i) in the case of a local authority in England or Wales, to their rate fund; and

(ii) in the case of a local authority in Scotland or a development body, to their general fund.

(5) In subsection (4) above, the reference in paragraph (a) to a DLO reserve fund established by a local authority or development body is a reference to a fund the sole purpose of which is to meet any expenditure incurred by them in connection with construction or maintenance work undertaken by them, whether under works contracts or by way of functional work.

(6) In subsection (4)(b) above "rate fund" -

(a) in relation to the Greater London Council, means any

[page 17]

fund for which a precept is issued;

(b) in relation to the Common Council of the City of London and the Council of the Isles of Scilly, means the general rate; and

(c) in relation to any other local authority, means the county fund or general rate fund.

Rates of return: powers of Secretary of State.

17.-(1) If in respect of any financial year the rate of return shown on the capital employed by a local authority or development body for the purpose of carrying out construction or maintenance work -

(a) of any of the descriptions specified in subsection (2) of section 10 above; or

(b) of any description specified in regulations under subsection (4) of that section,

as determined under section 16 above, is less than the rate for the time being required under section 16(1) above they shall notify the Secretary of State of that fact not later than the expiration of 6 months from the end of that financial year.

(2) Subject to subsection (7) below, if by virtue of subsection (1) above a local authority or development body come under a duty to give a notification to the Secretary of State in respect of the same description of construction or maintenance work in each of three consecutive financial years, they shall prepare a report in respect of that description of work.

(3) It shall be the duty of the local authority or development body -

(a) to consider any report prepared under subsection (2) above; and

(b) to send a copy to the Secretary of State.

(4) The Secretary of State shall have power at any time, if he thinks fit, to direct a local authority or development body to make and submit to him, within such time as he may specify in the direction, a special report -
(a) on all the construction or maintenance work undertaken by them during the three years preceding the date of the direction; or

(b) on the work of any of the descriptions specified in subsection (2) of section 10 above or of any description specified in regulations under subsection (4) of that section which they have undertaken during that period.

(5) If -
(a) the Secretary of State has given a direction under subsection (4) above; and

[page 18]

(b) either -
(i) he has received a special report within the time specified in the direction; or

(ii) he has not received a report within that time,

he may direct that, with effect from such date as may be specified in the direction, the local authority or development body to whom the direction under subsection (4) above related shall cease to have power to undertake construction or maintenance work or any description of such work, whether under works contracts or by way of functional work.

(6) A direction under subsection (5) above may provide that the authority or body to whom it relates shall cease to have any power such as is mentioned in that subsection -

(a) during a period specified in the direction; or

(b) until such conditions as the Secretary of State may specify in the direction are satisfied; or

(c) without specifying a period or conditions.

(7) A local authority or development body need not notify the Secretary of State under subsection (1) above or prepare a report under subsection (2) above -
(a) if the Secretary of State has directed under subsection (5) above that they should cease to have power to undertake construction or maintenance work or a description of such work; and

(b) if it is only in respect of work to which that direction relates that a required rate of return was not shown.

(8) If the Secretary of State directs that a local authority or development body shall cease to have power to undertake construction or maintenance work of any description, the direction shall have effect notwithstanding any enactment by virtue of which they are required or authorised to discharge a function conferred on some other public authority or body.

(9) If, at any time after a direction has been given under subsection (5) above with respect to a local authority or development body, it appears to the Secretary of State that within any particular time the authority or body would, apart from the direction, be able to undertake any description of construction or maintenance work which they are no longer empowered to undertake in such a manner that they would comply with section 16(1) above, he may direct that they shall have power to undertake that description of work from a date specified in the direction.

(10) A direction under subsection (9) above may impose such conditions on the resumption of construction or maintenance work by a local authority or development body as the Secretary of State considers appropriate.


[page 19]

(11) A direction under this section may contain such transitional and consequential provisions as the Secretary of State considers appropriate including, in particular, in the case of a direction under subsection (5), provisions with respect to construction or maintenance work which is in progress and works contracts under which commitments are outstanding immediately before the date on which the direction takes effect.

Supplementary

Annual reports on construction or maintenance work.

18.-(1) Every local authority who in any financial year undertake construction or maintenance work, whether under works contracts or by way of functional work or both, and every development body who in any financial year undertake construction or maintenance work by way of functional work shall prepare a report in accordance with subsection (2) below on the construction or maintenance work undertaken by them during that financial year.

(2) A report under this section shall be prepared not later than 30th September in the financial year following that to which it relates and shall include such information as the Secretary of State may direct relating to construction or maintenance work of any description specified in subsection (2) of section 10 above or in regulations under subsection (4) of that section.

(3) Any person may inspect a report of a local authority or development body under this section and shall be supplied with a copy of the report by the authority or body on payment of such charge for a copy as they may reasonably require.

(4) A local authority or development body shall publish in at least one newspaper circulating in their area notice -

(a) of the place where and the time when any report under this section may be inspected;

(b) of the fact that copies of the report are available for supply to any person requiring them; and

(c) of the charge for each such copy.

Application to joint committees.

19.-(1) Where two or more local authorities arrange for the discharge by a joint committee of theirs of any of their functions under any enactment not contained in this Part of this Act, this Part of this Act shall have effect as if any reference in it to a local authority other than the reference in section 16(4)(b) above, included a reference to the joint committee.


[page 20]

(2) Notwithstanding anything in any enactment, a joint committee appointed by two or more local authorities may not at any time undertake construction or maintenance work -

(a) under works contracts, or

(b) by way of functional work,

unless arrangements are in force at that time providing for the proportions in which they are to meet any deficit in any DLO revenue account of the joint committee.

(3) In relation to any DLO revenue account of a joint committee, section 16(4)(b) above shall have effect as if the reference to the rate fund were a reference to the rate funds of the authorities by which the joint committee was appointed.

(4) Where, by virtue of section 16(4)(b) and subsection (3) above, an amount falls to be charged to the rate funds of two or more authorities, the amount to be charged to each of those rate funds shall be determined in accordance with the arrangements referred to in subsection (2) above.

General

Interpretation of Part III.

20.-(1) In this Part of this Act -

"appointed day" shall be construed in accordance with section 23 below;

"construction or maintenance work" means, subject to subsections (2) and (3) below -

(a) building or engineering work involved in the construction, improvement, maintenance or repair of buildings and other structures or in the laying out, construction, improvement, maintenance or repair of highways and other land, and

(b) the gritting of or clearing of snow from highways;

"development body" means -
(a) in relation to England and Wales -
(i) the Commission for the New Towns;
1965 c. 59.
(ii) a development corporation established under the New Towns Act 1965; and

(iii) the Development Board for Rural Wales;

(b) in relation to Scotland -
1967 c. 78.
(i) any body established under section 3 or 5 of the Water (Scotland) Act 1967;
1968 c. 16.
(ii) a development corporation established under the New Towns (Scotland) Act 1968; and

(iii) the Scottish Special Housing Association;


[page 21]

(c) in relation to England and Wales and to Scotland, an urban development corporation established under this Act;
"DLO revenue account" has the meaning assigned to it by section 10(1) above;

"functional work" shall be construed in accordance with section 8 above;

"local authority" means -

(a) in relation to England and Wales, a county council, the Greater London Council, a district council, a London borough council or the Common Council of the City of London and the Council of the Isles of Scilly;

(b) in relation to Scotland, a regional, islands or district council;

"works contract" has the meaning assigned to it by subsection (1) of section 5 above; and

"the 1970 Act" has the meaning assigned to it by paragraph (a) of that subsection.

(2) Notwithstanding anything in subsection (1) above, in this Act "construction or maintenance work" does not include -
(a) work relating to parks, gardens, playing fields, open spaces or allotments, except to the extent that the work relates to a building or structure; or

(b) the routine maintenance of a specific building or structure or of specific buildings or structures by a person employed wholly or mainly for that purpose;

and a person shall be treated as employed mainly for the purpose referred to in paragraph (b) above if he is employed for that purpose and also to do security work or cleaning work in relation to the building or buildings or structure or structures concerned.

(3) Notwithstanding anything in subsection (1) above, in this Act "construction or maintenance work" does not include work undertaken by a local authority authorised by any enactment to carry on a dock or harbour undertaking if that work is undertaken for the purposes of or in connection with that undertaking.

Exemption of small direct labour organisations from requirements of Part III.

21.-(1) This Part of this Act does not apply to a local authority or development body in any year if they did not in the previous year at anyone time employ more than thirty persons, other than persons excluded by subsection (2) below, who were engaged (whether wholly or partly) in carrying out construction or maintenance work.


[page 22]

(2) The persons excluded by this subsection are persons engaged wholly or mainly upon the design, development or control of construction or maintenance work.

(3) The Secretary of State may by order specify for the purposes of subsection (1) above a number of persons less than thirty.

(4) The power to make an order conferred by subsection (3) above shall be exercisable by statutory instrument.

(5) A statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) The Secretary of State may direct that this Part of this Act shall not apply to a local authority or development body in any year if he is satisfied that the only reason why it would apply to that authority or body is that at some time in the previous year the number of their employees engaged in construction or maintenance work exceeded the relevant number because it was necessary to exceed that number in order to carry out urgent construction or maintenance work whose necessity could not reasonably have been foreseen by the authority or body.

(7) In subsection (6) above "the relevant number" means thirty or such lesser number as may for the time being be specified for the purposes of subsection (1) above.

Consequential repeal or amendment of local statutory provisions.

22.-(1) The Secretary of State may by order -

(a) repeal any provision of a local Act passed before or in the same Session as this Act or of an order or other instrument made under or confirmed by any Act so passed if it appears to him that the provision is inconsistent with or has become unnecessary in consequence of any provision of this Part of this Act; and

(b) amend any provision of such a local Act, order or instrument if it appears to him that the provision requires amendment in consequence of any provision contained in this Part of this Act or any repeal made by virtue of paragraph (a) above.

(2) An order under subsection (1) above may contain such incidental or transitional provisions as the Secretary of State considers appropriate in connection with the order.

(3) It shall be the duty of the Secretary of State, before he makes an order under subsection (1) above repealing or amending any provision of a local Act, to consult each local authority which he considers would be affected by the repeal or amendment of that provision.


[page 23]

(4) A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part III - supplementary.

23.-(1) Any power to make regulations or give directions conferred by this Part of this Act includes power to make different provision in relation to local authorities or development bodies in England, in Wales and in Scotland.

(2) Any power to make regulations conferred by this Part of this Act shall be exercisable by statutory instrument.

(3) This Part of this Act, except this section, shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes; and any reference in any provision of this Part of this Act to the appointed day is a reference to the day appointed under this section for the coming into operation of that provision or, if different days are so appointed for different purposes of that provision, the first day so appointed.

PART IV

LOCAL GOVERNMENT ALLOWANCES

Right of councillor to opt for financial loss allowance. 1972 c. 70

24.-(1) In section 173 of the Local Government Act 1972 (attendance allowance and financial loss allowance) at the end of subsection (1) (right of member of local authority who is a councillor to receive attendance allowance) there shall be added the words "unless a notice under section 173A below is effective in relation to him".

(2) The following section shall be inserted after that section:-

"Right to opt for financial loss allowance.

173A.-(1) If a councillor gives notice in writing to the local authority of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled.

(2) A notice under this section is referred to in this section as a "financial loss allowance notice".

(3) If a councillor gives a financial loss allowance notice to the local authority not later than the end of the period of four weeks from his election as a


[page 24]

member of the authority, he shall be entitled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after the giving of the notice.

(4) If a councillor who has not given the local authority a financial loss allowance notice in accordance with subsection (3) above gives them such a notice not less than three months before the beginning of a financial year, he shall be entitled to receive financial loss allowance for the performance of any approved duty performed not earlier than the beginning of that financial year.

(5) A financial loss allowance notice shall continue to have effect until the councillor ceases to be a member Qf the local authority or until a notice under subsection (6) below takes effect, whichever occurs first.

(6) If not less than three months before the beginning of a financial year a councillor who has given the local authority of which he is a member a financial loss allowance notice gives them notice in writing that he withdraws that notice, he shall be entitled to receive payments by way of attendance allowance, instead of financial loss allowance, for the performance of any approved duty after the beginning of the financial year following the giving of the notice.".

(3) This section does not extend to Scotland.

Amendments relating to allowances to members of local authorities and other bodies. 1972 c. 70. 1973 c. 65.

25.-(1) In subsection (1) of section 174 of the Local Government Act 1972 (by virtue of which travelling and subsistence allowances are payable to members of local authorities and other bodies but the Secretary of State has power to specify maximum rates in the case of travel for the purpose of an approved duty within the United Kingdom) and in subsection (1) of section 46 of the Local Government (Scotland) Act 1973 (which makes similar provision for Scotland) after the word "travel" there shall be inserted the words "or subsistence ".

(2) Subsection (3) of the said section 174 (by virtue of which subsistence allowance is not payable to a member of a body except in respect of a duty performed at a distance of more than three miles from his usual place of residence) and subsection (2) of the said section 46 (which makes similar provision for Scotland) shall cease to have effect.

(3) The following subsections shall be inserted after section


[page 25]

175(3) of the said Act of 1972:-

"(3A) In relation to a water authority this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the persons for whom they provide their services or any of those persons.

(3B) In relation to any such body as is mentioned in section 1770)(d) or (e) below this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body's opinion relate -

(a) to the functions of the body; or

(b) to any functions of local authorities in which the body has an interest.".

(4) In section 177(1) of that Act (which specifies the bodies to whom sections 173 to 176, which relate to allowances, apply) the following paragraph shall be inserted after paragraph (a):
"(aa) water authorities;".
(5) The following subsection shall be inserted after section 47(3) of the said Act of 1973:-
"(3A) In relation to any such body as is mentioned in section 49(1)(c) or (d) below this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body's opinion relate -
(a) to the functions of the body; or

(b) to any functions of local authorities in which the body has an interest.".

Introduction of special responsibility allowances for members of local authorities. 1962 c. 70

26.-(1) The following section shall be inserted after section 177 of the Local Government Act 1972:

Special responsibility allowances for members of principal councils.

177 A.-(1) Subject to regulations under subsection (3) below, a principal council may pay any member of the council who is a councillor an allowance, in addition to any allowance under sections 173, 174 or 175 above, if they are satisfied that he has special responsibilities in relation to the discharge of the functions of the council.

(2) Subject to regulations under subsection (3) below, the Greater London Council may pay any member of the Inner London Education Authority an allowance in addition to any allowance under


[page 26]

sections 173, 174 or 175 above, if they are satisfied that he has special responsibilities in relation, to the discharge of the functions of the Authority.

(3) The Secretary of State may make regulations specifying -

(a) rates which allowances under this section are not to exceed; and

(b) the total amount which a principal council may pay under this section in a financial year.

(4) Regulations under subsection (3) above may apply -
(a) to principal councils in general; or

(b) to any particular principal council specified in the regulations; or

(c) to any class of principal councils so specified.".

(2) In section 178 of that Act (regulations as to allowances) -
(a) after the word "176" there shall be inserted the words "and 177A"; and

(b) in subsection (2), for the words "or 177" there shall be substituted the words "177 or 177A".

1973 c. 65.

(3) The following section shall be inserted after section 49 of the Local Government (Scotland) Act 1973:-

"Special responsibility allowances for members of local authorities.

49A.-(1) Subject to regulations under subsection (2) below, a local authority may pay any member of the authority who is a councillor an allowance, in addition to any allowance under sections 45, 46 or 47 above, if they are satisfied that he has special responsibilities in relation to the discharge of the functions of the authority.

(2) The Secretary of State may make regulations specifying -

(a) rates which allowances under this section are not to exceed; and

(b) the total amount which a local authority may pay under this section in a financial year.

(3) Regulations under subsection (2) above may apply -
(a) to local authorities in general; or

[page 27]

(b) to any particular local authority specified in the regulations; or

(c) to any class of local authorities so specified.".

(4) In section 50 of that Act (regulations as to allowances) -
(a) after the word "48" there shall be inserted the words "and 49A";

(b) in subsection (2), for the words "or 49" there shall be substituted the words "49 or 49A".

Vice-chairmen of councils in Scotland and application of Part IV to Scotland. 1973 c. 65.

27.-(1) The following section shall be inserted after section 3 of the Local Government (Scotland) Act 1973:-

"Vice-chairman.

3A.-(1) A council may appoint a member of the council to be vice-chairman of the council.

(2) The vice-chairman shall hold office until the expiry of the term of office of the council.

(3) A person holding the office of vice-chairman shall be eligible for re-election as vice-chairman but shall cease to hold that office upon ceasing to be a councillor.

(4) Subject to any standing order made by a council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(5) A council may pay the vice-chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable.".

(2) Section 24 above does not extend to Scotland, and this section extends to Scotland only.

PART V

RATES

Valuation

New valuation lists. 1967 c. 9

28. In section 68 of the General Rate Act 1967 ("the 1967 Act") the following shall be substituted for subsection (1) (new valuation lists to be prepared every 5 years) -

"(1) In the case of each rating area, new valuation lists shall be prepared and made by the valuation officer so as to come into force on 1st April in such year as the Secretary of State may by order from time to time specify.

(1A) An order under this section shall have no effect until approved by resolution of each House of Parliament.".


[page 28]

Ascertainment of rateable value of non-industrial buildings.

29.-(1) In section 19 of the 1967 Act in subsection (2) (ascertainment of rateable value of houses and other nonindustrial buildings) for the words from "consisting" to "other land" there shall be substituted the words "which is a dwelling-house, a private garage or private storage premises.".

(2) In subsection (6) of that section the definition of "house" shall be omitted and at the end of the subsection there shall be added -

"'private garage' means a building having a floor area not exceeding 25 square metres which is used wholly or mainly for the accommodation of a motor vehicle (and for this purpose 'building' includes part of a building);

'private storage premises' means a hereditament which is used wholly in connection with a dwelling-house or dwelling-houses and wholly or mainly for the storage of articles of domestic use (including bicycles and similar vehicles) belonging to persons residing there".

(3) After subsection (6) of that section there shall be added -
"(7) For the purposes of this section a hereditament that is not in use shall nevertheless be treated as a dwelling-house, a private garage or private storage premises if it appears that, when next in use, it will be a hereditament of that description.".
(4) The Secretary of State may by regulations make a scheme for the purpose of giving transitional relief, in such manner, in such cases and subject to such conditions as may be prescribed by the regulations, to persons liable to rates in respect of hereditaments of which the net annual values are, in consequence of this section, ascertained in accordance with section 19(3) of the 1967 Act instead of in accordance with section 19(2); and a scheme may make different provision for different cases and for different rate periods.

(5) The power to make regulations under subsection (4) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Valuation and adjusted valuation.

30.-(1) After section 19 of the 1967 Act there shall be inserted -

"Time by reference to which valuations to be made.

19A.-(1) Any net annual value to be ascribed to a specified hereditament under section 19 of this Act in a new valuation list coming into force on 1st April in any year shall be ascertained by reference to such earlier time as the Secretary of State may by order specify, but on the assumptions set out in subsection (2) below.


[page 29]

(2) The assumptions referred to in subsection (1) above are that at the time specified in the order -
(a) the hereditament was subsisting in the same state as at the time when the list comes into force;

(b) any relevant factors (as defined in section 20(2) of this Act) were those subsisting at the time when the list comes into force; and

(c) the locality in which the hereditament is situated was in the same state, so far as concerns the other premises situated in that locality and the occupation and use of those premises, the transport services and other facilities available in the locality, and other matters affecting the amenities of the locality, as at the time when the list comes into force.

(3) Where an order under subsection (1) above operates for any year, any net annual value to be ascribed to an unspecified hereditament in the new valuation list coming into force on 1st April in that year -
(a) shall be the same value as was ascribed to the hereditament in the old list, that is, the valuation list in force immediately before the coming into force of the new valuation list, or

(b) (if no such value was ascribed) shall be the value which would properly be ascribed to the hereditament if the old list were still in force and were altered in pursuance of a proposal made on the date of the new valuation list coming into force.

(4) In this section "specified hereditament" means a hereditament of such a class as may be specified in the order under subsection (1) above and "unspecified hereditament" means a hereditament not of such a class.

(5) This section does not apply to a hereditament which is occupied by a public utility undertaking and of which the value falls to be ascertained on the profits basis.

(6) An order under this section shall have effect for the purposes of all lists coming into force on the 1lst April to which the order relates.


[page 30]

(7) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Adjusted rateable values.

19B.-(1) In a case where the Secretary of State so provides by order in relation to a new valuation list to come into force on 1st April in any year, the rateable value of a specified hereditament or of an unspecified hereditament (depending on which the order provides) shall be arrived at by taking, instead of the net annual value, that value as adjusted by a method prescribed in the order.

(2) Any method so prescribed shall be such as in the Secretary of State's opinion will preserve the ratio which he estimates will exist, immediately before the coming into force of the new valuation list, between the rateable values of specified hereditaments in England and Wales as a whole and the rateable values of unspecified hereditaments in England and Wales as a whole.

(3) Before prescribing a method, the Secretary of State shall consult -

(a) such associations of local authorities, as appear to him to be concerned; and

(b) any local authority, and any other body of persons, with whom consultation appears to him to be desirable.

(4) In this section "specified hereditament" and "unspecified hereditament" have the same meanings as in section 19A of this Act.

(5) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.".

(2) In section 20(1) of the 1967 Act (valuation according to tone of list) for the words "the year before that in which the valuation list came into force" there shall be substituted the words "the relevant year".

(3) After section 20m of the 1967 Act there shall be inserted:-

" (1A) Subject to subsection (1B) of this section, in subsection (1) of this section 'the relevant year' means the year before that in which the valuation list came into force.

(1B) Where an order under section 19A(1) of this Act operates for any year, then, in relation to a hereditament which is an unspecified hereditament within the meaning


[page 31]

of that section, in subsection (1) of this section 'the relevant year' means -
(a) the year before that in which there came into force the last valuation list in which the net annual value ascribed to the hereditament was ascertained in accordance with section 19 of this Act, or

(b) (if no net annual value, ascertained in accordance with section 19 of this Act, has been ascribed to the hereditament) the year before that in which there came into force the last valuation list in which a net annual value, ascertained in accordance with section 19 of this Act, would have been ascribed to the hereditament if it had been subsisting on 1lst April 1973.".

Fish Farms

Rating exemption for fish farms in England and Wales.

31. After section 26 of the 1967 Act there shall be inserted -

"Fish farms.

26A.-(1) Neither of the following -

(a) land;

(b) buildings (other than dwellings),

shall be liable to rates or to be included in any valuation list or in any fate if used solely for or in connection with fish farming.

(2) The gross value for the purposes of section 19(2) of this Act of a house occupied in connection with land or buildings used solely for or in connection with fish farming and used as the dwelling of a person who -

(a) is primarily engaged in carrying on or directing fish farming operations on that land or in those buildings; or

(b) is employed in fish farming operations on that land or in those buildings in the service of the occupier thereof and is entitled, whether as tenant or otherwise, so to use the house only while so employed,

shall, so long as the house is so occupied and used, be estimated by reference to the rent at which the house might reasonably be expected to let from year to year if it could not be occupied and used otherwise than as mentioned in this subsection or in section 26(2) of this Act.

(3) In determining for the purposes of this section whether land or a building used for or in connection with fish farming is solely so used no account shall be taken of any time during which it is used in any


[page 32]

other way, if that time does not amount to a substantial part of the time during which the land or building is used for or in connection with fish farming.

(4) In this section -

"building" includes a separate part of a building; and

"fish farming" means the breeding or rearing of fish or the cultivation of shellfish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for transfer to other waters but does not include the breeding, rearing or cultivation of any fish or shellfish -

(a) which are purely ornamental, or

(b) which are bred, reared or cultivated for exhibition.".

Rating exemption for fish farms in Scotland. 1956 c. 60

32. After section 7 of the Valuation and Rating (Scotland) Act 1956 there shall be inserted -

"Provisions relating to lands and heritages used for fish farming and dwelling houses occupied in connection therewith.

7A-(1) For the purpose of any valuation roll in force for the year 1981-82 or any subsequent year or for the making up of any valuation roll for any subsequent year the following provisions of this section shall have effect regarding lands and heritages to which this section applies and dwelling-houses occupied in connection therewith.

(2) This section applies to -

(a) lands and heritages (other than dwelling-houses) used solely for or in connection with fish farming; and

(b) lands and heritages consisting of -

(i) one or more buildings (other than dwelling-houses) used solely for or in connection with fish farming; or

(ii) any land occupied together with and used solely in connection with the use of such building or buildings.

(3) No lands and heritages to which this section applies shall be entered in the valuation roll, and any reference in any enactment to the person appearing from the valuation roll to be the owner or the occupier of any lands and heritages shall on and after the first day of April nineteen hundred and

[page 33]

eighty-one, have effect in the case of lands and heritages to which this section applies as if the reference to the valuation roll were omitted.

(4) Subsections (5) to (8) of section 7 of this Act shall have effect in relation to the gross annual value of any dwelling-house which -

(a) is occupied in connection with lands and heritages to which this section applies; and

(b) is used as the dwelling-house of a person engaged primarily in carrying on or directing fish farming operations on these lands and heritages or employed in connection with fish farming thereon; and

(c) is suitable in character and size for such use in connection with those lands and heritages

as they have in relation to the gross annual value of any dwelling-house referred to in subsection (4) of that section, and in that connection any reference in the said subsections (5) to (8) to agricultural lands and heritages shall be construed as a reference to lands and heritages to which this section applies.

(5) Where part of lands and heritages consists of one or more buildings or one or more parts of buildings (being a part of lands, and heritages which is used for such a purpose that if it were in separate occupation it would be lands and heritages to which this section applies), then that part of the lands and heritages and the remainder shall each be treated as respects the year 1981-82 and subsequent years for the purposes of the Valuation Acts as if it were lands and heritages in separate occupation.

(6) In subsection (5) above, any reference to a building or part of a building shall be construed as including a reference to land occupied together with and used solely in connection with the use of such building or part.

(7) In determining for the purposes of this section whether during any year a building used for or in connection with fish farming is solely so used, no account shall be taken of any time in that year during which it is used in any other way, if that time does not amount to a substantial part of that year,


[page 34]

(8) In this section -
"fish farming" means the breeding or rearing of fish or the cultivation of shellfish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for transfer to other waters but does not include the breeding, rearing or cultivation of any fish or shellfish -
(a) which are purely ornamental, or

(b) which are bred, reared or cultivated for exhibition.".

Reliefs

Domestic rate relief.

33.-(1) Section 48 of the 1967 Act shall be amended as follows.

(2) For subsections (1) and (1A) there shall be substituted -

"(1) Every rating authority shall reduce the amount which, apart from this subsection, would be the amount of the rate levied by the authority for any year on any domestic or mixed hereditament in their area by the following amount in the pound -
(a) in the case of a domestic hereditament, the standard amount;

(b) in the case of a mixed hereditament in respect of which the proportion mentioned in subsection (5), of this section is greater than one half, one half of the standard amount;

(c) in the case of a mixed hereditament in respect of which that proportion is greater than one quarter but not greater than one half, one quarter of the standard amount;

(d) in the case of any other mixed hereditament, one eighth of the standard amount.

(1A) In subsection (1) of this section "the standard amount" means -
(a) the amount prescribed for the year for the rating: authority's area under paragraph 5 of Schedule 2 to the Local Government Act 1974; or

(b) the amount specified for that year for their area in a Rate Support Grant Report under section 60 or the Local Government, Planning and Land Act 1980.


[page 35]

(1B) The amounts in the pound to be determined under paragraphs (b), (c) and (d) of subsection (1) of this section shall be calculated to the nearest one tenth of a new penny (one half of one tenth being treated as less than one half).".
(3) In subsection (2) for the words from "dwelling-houses" to the end there shall be substituted the words "hereditaments within each of the paragraphs of subsection (1) of this section is equal to the amount provided for by that paragraph".

(4) In subsection (3) for the word "dwelling-house" there shall be substituted the words "domestic hereditament".

(5) After subsection (4) there shall be inserted -

"(4A) In this section "domestic hereditament" means a hereditament which is -
(a) a dwelling-house; or

(b) a hereditament of an area not exceeding 25 square metres which is used wholly or mainly for the accommodation of a motor vehicle, other than a hereditament which -

(i) forms part of premises in which a business of providing services for motor vehicles is carried on, or

(ii) is provided by the keeper of a hotel, inn, guest-house or boarding-house and used wholly or mainly for the motor vehicles of his guests, or

(iii) is used for the accommodation of a motor vehicle for the time being chargeable with duty under Schedule 2, 3 or 4 to the Vehicles (Excise) Act 1971 (hackney carriages, tractors and goods vehicles) whether it is also used for any other vehicle or not; or

(c) private storage premises within the meaning of section 19 of this Act.".
(6) In subsection (5) -
(a) for the word "dwelling-house" there shall be substituted the words "domestic hereditament"; and

(b) for the words "the proportion thereof attributable to the part used for other purposes" there shall be substituted the words" one eighth".

(7) In subsection (6) -
(a) for the word "proportions" there shall be substituted the word "proportion"; and

(b) for the words from "refusal" to "purposes of this section" there shall be substituted the words "view taken by the rating authority".


[page 36]

Payment by instalments.

34.-(1) In section 50 of the 1967 Act -

(a) in subsection (1) for the words from "and resides" to "and (b)" there shall be substituted the words" a hereditament which";

(b) subsection (2) shall cease to have effect; and

(c) after subsection (4) there shall be inserted -

"(5) This section shall not extend to a hereditament (not being a domestic hereditament) whose rateable value is less than a prescribed sum or is more than another prescribed sum.

(6) In subsection (5) of this section 'domestic hereditament' means a hereditament which either is a dwelling-house or (though not a dwelling-house) is within the meaning of section 115(3) of this Act used mainly for the purposes of a private dwelling or private dwellings, and 'prescribed' means prescribed by order of the Secretary of State.

(7) The power to prescribe sums conferred by this section includes power to prescribe larger sums in relation to hereditaments in Greater London than in relation to hereditaments elsewhere.".

(2) In section 96(2) of that Act for the words "those rates shall be recoverable only" there shall be substituted the words "in any year, those rates shall not be recoverable before the end of the year except".

(3) In Schedule 10 to that Act for paragraph 1 there shall be substituted -

"1.-(1) A notice by any person under section 50(1) of this Act may be given at any time not earlier than 1lst February preceding the beginning of a year and not later than the latest of -
(a) 30th April in that year;

(b) the twenty-eighth day after the first occasion on which a demand note for rates in respect of that year (or part of it) is served on him in respect of the hereditament in question;

(c) in a year in which he first becomes qualified to serve such a notice in respect of the hereditament in question, the twenty-eighth day after he first became so qualified.

(2) Subject to sub-paragraph (3) below, the effective date of a notice given under section 50m of this Act by any person shall be the date on which it is given or, if later, the date of the first occasion on which a demand note for rates in respect of the year (or part of the year) in which the notice is given is served on him.

[page 37]

(3) Where the effective date of notice would, under the provisions of sub-paragraph (2) of this paragraph, fall within the last three months of a rate period, it shall instead be the first day of the following rate period.".
(4) Paragraph 2 of that Schedule shall cease to have effect.

(5) In paragraph 5(c) of that Schedule -

(a) the words from "(apart" to "this Act)" shall be omitted; and

(b) after the word "accordingly" there shall be inserted the words "and may take account of any rebate granted in respect of the rates".

Recovery of rates

Recovery of rates pending settlement.

35. At the end of section 8 of the 1967 Act (which provides that in certain cases the amount recoverable pending settlement of a proposal to alter a new list shall not exceed the amount last levied increased by half the difference between that amount and the amount of the new charge) there shall be added -

"(4) The Secretary of State may by order provide -
(a) for subsection (1) of this section to have effect as if a reference to a fraction specified in the order were substituted for the reference to a half (or to a fraction specified in a previous order); or

(b) for the maximum amount that is recoverable by virtue of that subsection to be the greater of -

(i) an amount calculated in accordance with the provisions of that subsection (as modified by any provision made by virtue of paragraph (a) above), and

(ii) an amount equal to a percentage specified in the order of the amount that would be recoverable apart from that subsection;

and an order under this subsection may prescribe larger fractions or percentages in relation to different years, rating areas or classes of hereditament.

(5) An order under subsection (4) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.".

Rating of owners and occupiers.

36.-(1) Section 55 of the 1967 Act (allowance where owner rated instead of occupier) shall be amended as follows.

(2) In subsection (2) for the words "ten per cent. of the amount payable" there shall be substituted the words "such proportion of the amount payable as the rating authority may by resolution determine".


[page 38]

(3) After subsection (2) there shall be inserted -

"(2A) The proportion determined must be the same for all hereditaments which are in the area of the authority and to which a direction under this section applies.

(2B) A proportion determined shall have effect for the rate period after that in which the determination is made and (subject to subsection (2C) of this section) for each subsequent one.

(2C) A proportion may be varied by a further determination and subsection (2B) of this section shall then apply.

(2D) Until an initial determination made by an authority under subsection (2) of this section has effect, the allowance shall be one equal to ten per cent. of the amount payable.".

(4) Section 56 of the 1967 Act (allowance where owner of rented hereditaments undertakes to pay or collect rates) shall be amended as follows.

(5) In subsection (1) for the words from "not exceeding" to the end there shall be substituted the words "equal to such proportion of the rates chargeable or due as the rating authority may by resolution determine".

(6) After subsection (1) there shall be inserted -

"(1A) The proportion determined must be the same for all owners who make an agreement with the rating authority under each paragraph of subsection (1) of this section, but different proportions may be determined for the purposes of different paragraphs.

(1B) A proportion determined for any paragraph shall have effect for the rate period after that in which the determination is made and (subject to subsection (1C) of this section) for each subsequent one.

(1C) A proportion may be varied by a further determination for any paragraph, and subsection (1B) of this section shall then apply.

(1D) Until an initial determination is made for subsection (1)(a) of this section, the allowance in the case of an undertaking under paragraph (a) shall be one not exceeding ten per cent.

(1E) Until an initial determination is made for subsection (1)(b) of this section, the allowance in the case of an undertaking under paragraph (b) shall be one not exceeding seven and a half per cent.

(IF) Until an initial determination is made for subsection (1)(c) of this section, the allowance in the case of an undertaking under paragraph (c) shall be one not exceeding five per cent.".


[page 39]

Recovery of rates from owners.

37.-(1) For section 60 of the 1967 Act (owner's liability for rates where occupier entitled to diplomatic immunity) there shall be substituted -

Recovery of rates from owners.

60.-(1) Where a hereditament is occupied on terms which provide that the owner shall pay the rates chargeable in respect of the hereditament, an amount equal to so much of any payment made by the occupier in respect of rent as represents the proportion of rates included in that payment may be recovered by the rating authority from the owner, or, where the rent is collected by an agent of his, either from him or from that agent, in the same manner and subject to the same conditions as a sum due from an occupier in respect of rates.

(2) This section shall not apply in relation to rates recoverable from an owner by virtue of section 55 or 56 of this Act.".

(2) In section 115(1) of that Act, in paragraph (b) of the definition of "owner", for the words "or 56" there shall be substituted the words "56 or 60".

Charges in respect of distress.

38. In subsection (2) of section 101 of the 1967 Act (charges for levying distress) after the word "charges" there shall be inserted the words "in cases where the levy is not made and".

Postponement of warrant of commitment.

39.-(1) In section 102 of the 1967 Act (imprisonment in default of sufficiency of distress) in subsection (1) after the word "Act" there shall be inserted "(a)" and at the end of that subsection there shall be added the words "or

(b) fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as the court thinks just".
(2) In subsection (5) of that section after the word "but", in the second place where it occurs, there shall be inserted the words -
"(a) where the warrant is issued after a postponement under subsection (1)(b) of this section and, since the term of imprisonment was fixed, the total of the sums referred to in subsection (3) of this section other than the costs of commitment has been reduced by part payment, the period of imprisonment imposed shall be the term fixed under subsection (1)(b) of this section reduced by such number of days as bears to the total number of days in that term less one day the same proportion as the part paid bears to that total; and

(b)";

and for the words "the reduction required under" there shall


[page 40]

be substituted the words "a reduction required under paragraph (0) or (b) of".

(3) In section 103 of that Act (inquiry as to means before issue of warrant of commitment) -

(a) at the end of subsection (1)(b) there shall be added the words "or fix a term of imprisonment"; and

(b) in subsection (2) and (3) after the word "issued" there shall be inserted the words "or term of imprisonment fixed".

Security for unpaid rates.

40. At the beginning of Part VII of the 1967 Act there shall be inserted -

"Security for unpaid rates.

107A. Where any sum is due by way of rates in respect of a domestic hereditament from a person who has an interest in the hereditament, he and the rating authority may agree -

(a) that his interest shall be charged to secure payment of that sum together with interest on it from the date of the agreement at a rate specified in the agreement, and

(b) that the authority shall not exercise any powers conferred by this Act to recover that sum by distress or otherwise;

and on the making of such an agreement those powers shall cease to be exercisable in respect of that sum.".
Unused and unoccupied property

Suspension of provision for liability to progressive surcharge in respect of unused office etc. property.

41.-(1) The Secretary of State may by order direct that sections 17A (surcharge in respect of unused property) and 17B of the 1967 Act (supplemental provisions as to section 17A) shall cease to have effect.

(2) If an order is made under subsection (1) above, the Secretary of State may by order again bring sections 17A and 17B of the 1967 Act into force.

(3) An order under this section may make such incidental, supplemental and consequential provision as appears to the Secretary of State to be expedient for the purposes of the order.

(4) The power to make such an order shall be exercisable by statutory instrument.


[page 41]

(5) A statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Rating of unoccupied property.

42.-(1) Schedule 1 to the 1967 Act (rating of unoccupied property) shall be amended as follows.

(2) In sub-paragraph (1) of paragraph 1, for the words "three months" there shall be substituted the words "the standard period".

(3) The following sub-paragraphs shall be inserted after that sub-paragraph:-

"(1A) In this Schedule 'the standard period' means three months or such other period as the Secretary of State may by order specify.

(1B) An order under sub-paragraph (1A) of this paragraph may specify different periods in relation to different classes of hereditament.".

(4) The following sub-paragraphs shall be substituted for sub-paragraph (2A) of that paragraph:-
"(2A) The owner of a relevant hereditament shall not be exempt from being rated under this Schedule in respect of that hereditament on the ground that the provisions of section 32, 33 or 34 of this Act would exempt the hereditament from being liable to be rated or to be included in any valuation list or in any rate, unless it appears that the relevant provisions will so exempt it when it is next occupied.

(2B) No reduction shall be made under section 48 of this Act in respect of any rates payable by an owner by virtue of this paragraph.

(2C) In this paragraph 'the specified proportion', in relation to a hereditament, means such proportion (not more than the current ceiling) as may be specified for the purposes of this paragraph by a resolution of the rating authority for the rating area in which the hereditament is situated; and different proportions may be so specified in relation to different classes of hereditament and in relation to hereditaments in different parts of the rating area.

(2D) Subject to sub-paragraph (2E) of this paragraph, in sub-paragraph (2C) of this paragraph 'the current ceiling' means the whole of the amount of rates which, disregarding section 48 of this Act, would be payable by the owner if he were in occupation of the hereditament and, in a case to


[page 42]

which sub-paragraph (2A) or sub-paragraph (2B) of this paragraph applies, if the hereditament were being used as mentioned in that sub-paragraph.

(2E) Subject to sub-paragraph (2F) of this paragraph, the Secretary of State may from time to time by order vary the proportion of the amount mentioned in sub-paragraph (2D) of this paragraph which is to be the current ceiling for the purposes of this paragraph.

(2F) No order under sub-paragraph (2E) of this paragraph may so vary that proportion as to make the current ceiling exceed the whole of the amount mentioned in sub-paragraph (2D) of this paragraph.

(2G) Different proportions may be specified under sub-paragraph (2E) of this paragraph in relation to different classes of hereditament and in relation to hereditaments in different rating areas.".

(5) In sub-paragraph (3) of that paragraph, for the words "any period of three months during which the hereditament has been continuously unoccupied" there shall be substituted the words "whether the hereditament has been continuously unoccupied for the standard period".

(6) In sub-paragraph (4) of that paragraph -

(a) for the words "three months" there shall be substituted the words "the standard period"; and

(b) for the words "six months" there shall be substituted the words "the new house period".

(7) The following sub-paragraph shall be inserted after that sub-paragraph:-
"(5) In sub-paragraph (4) of this paragraph 'the new house period' means six months or such other period as the Secretary of State may by order specify.

(6) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.".

(8) In paragraph 2 of that Schedule for the words "three months" there shall be substituted the words "the standard period."

(9) The following paragraph shall be inserted after paragraph 4 of that Schedule:-

"4A.-(1) Subject to the provisions of this paragraph, section 40 of this Act shall also apply in relation to any

[page 43]

relevant hereditament to which it did not apply when it was last occupied if -
(a) it is owned by, or by trustees for, a charity; and

(b) such notice as is mentioned in sub-paragraph (2) below is given by the charity or, as the case may be, the trustees.

(2) The notice is a notice in writing to the rating authority that it is intended that the hereditament shall be wholly or mainly used for the purposes of the charity or for the purposes of the charity and of other charities.

(3) Subject to sub-paragraph (4) below, section 40 of this Act shall cease to apply to a hereditament by virtue of this paragraph on the expiry of a period of two years -

(a) from the date on which the hereditament was acquired by the charity or by trustees for it; or

(b) from the passing of the Local Government, Planning and Land Act 1980,

whichever is the later.

(4) Section 40 of this Act shall cease to apply to a hereditament by virtue of this paragraph -

(a) if the hereditament ceases to be owned by the charity or by trustees for it; or

(b) if it continues to be owned by the charity or by trustees for it, but it ceases to be the intention of the charity or, as the case may be, the trustees that it shall be used as mentioned in sub-paragraph (2) above.".

(10) The following definitions shall be substituted for the definition of "relevant period of vacancy" in paragraph 15 of that Schedule:-

"relevant period of vacancy", in relation to a relevant hereditament, means any period during which the hereditament has been continuously unoccupied, beginning with the unoccupied rating day and ending with the day preceding that on which the hereditament becomes or next becomes occupied or ceases to exist; and

"unoccupied rating day", in relation to a relevant hereditament, means -

(a) if the hereditament is a newly erected dwelling-house, the day following the end of the new house period (as defined in sub-paragraph (5) of paragraph 1 of this Schedule); and

(b) in any other case, the day following the end of the standard period (as defined in sub-paragraph (1A) of that paragraph).


[page 44]

Miscellaneous

Clerks of local valuation panels.

43.-(1) Section 92 of the 1967 Act (staff etc.) shall be amended as follows.

(2) In subsection (1) after the words "every local valuation panel shall" there shall be inserted the words "(subject to subsection (IA) of this section)".

(3) After subsection (1) there shall be inserted -

"(1A) Two or more local valuation panels shall appoint one person to be the clerk of the panels if the Secretary of State directs the panels (after consulting them) to make such an appointment

(1B) Where the panels mentioned in subsection (1A) of this section do not agree on the person to be appointed, they shall refer the matter to the Secretary of State and shall then appoint such person as he directs.".

Notice of rate.

44. In section 4(1) of the 1967 Act (which requires notice of every rate to be given within seven days after it is made) for the words "seven days after" there shall be substituted the words "the period of twenty-one days beginning with the day on which".

Rate rebates.

45.-(1) Section 13 of the Local Government Act 1974 (persons who are residential occupiers for the purposes of rate rebate schemes) shall be amended as follows.

(2) In subsection (1) for paragraphs (a) to (c) there shall be substituted -

"(a) a person who resides or is usually resident in premises used for the purposes of a private dwelling and having at the relevant date a rateable value not exceeding the specified limit, and who is the occupier of the hereditament which consists of or includes the premises;

(b) a person who resides or is usually resident in such premises as are mentioned in paragraph (a) above and is not the occupier of the hereditament which consists of or includes the premises but -

(i) pays the rates chargeable in respect of the hereditament for the rebate period concerned, and

(ii) is the spouse or former spouse of a person who is the occupier of the hereditament but does not reside and is not usually resident there;

(c) a person who resides or is usually resident in such premises as are mentioned in paragraph (a) above, and who -
(i) is not the occupier of the hereditament which consists of or includes the premises, but

[page 45]

(ii) makes payments by way of rent in respect of the premises to the occupier of the hereditament or to any other person who is himself a residential occupier.".
(3) For subsection (2) there shall be substituted -
"(2) Where two or more persons are joint occupiers of a hereditament or joint tenants of any premises, then for the purposes of rate rebates under the statutory rate rebate scheme or a local rate rebate scheme, but subject to any different provision made by the scheme, the rating authority may treat one of those persons as if he were the sole occupier of the hereditament or, as the case may be, the sole tenant of the premises".
(4) In subsection (3) for the words "paragraph (b) and (c) of subsection (1)" there shall be substituted the words "subsection (1)".

(5) The preceding provisions of this section shall have effect for rebate periods, within the meaning of Part II of that Act, beginning on or after such day as the Secretary of State may by order made by statutory instrument appoint.

1974 c. 7.

(6) There shall be paid out of money provided by Parliament any increase attributable to this section in the sums payable out of money so provided under the Local Government Act 1974.

Amendment of industrial etc. de-rating provisions: Scotland. 1963 c. 12

46. In subsection (2) of section 10 of the Local Government (Financial Provisions) (Scotland) Act 1963 (Rateable value of industrial and freight transport lands and heritages) -

(a) for the words "such immediately subsequent years, if any, as may be specified in the order" there shall be substituted the words "any subsequent years"; and

(b) for the words "so specified" there shall be substituted the words "specified in the order".

Commencement and extent of Part V.

47.-(1) The following provisions of this Act, namely -

(a) sections 33, 34, 37 and 44, and

(b) the repeals contained in Part IX of Schedule 34 to this Act -

1967 c. 9.

(i) of provisions of the General Rate Act 1967, other than the repeals in sections 19, 20 and 30 and Schedules 1 and 2;
1969 c. 19.
(ii) of paragraph 28(3) of Schedule 2 to the Decimal Currency Act 1969;
1973 c. xxx.
(iii) of section 26 of the Greater London Council (General Powers) Act 1973; and

[page 46]

(iv) of paragraph 4 of Schedule 7 to the Local Government Act 1974,
shall have effect for any rate period, within the meaning of the 1967 Act, beginning on or after such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions.

(2) Section 31 above shall have effect for any rate period, within the meaning of the 1967 Act, beginning on or after 1st April 1981.

(3) Sections 38, 39, and 40 above shall come into operation at the expiration of the period of one month beginning with the day on which this Act is passed.

(4) The following provisions of this Act, namely -

(a) section 29(1) to (3) above;

(b) paragraphs 6(2) and (3) and 10 of Schedule 33 to this Act;

(c) in paragraph 8 of that Schedule -

(i) sub-paragraph (2); and
1964 c. 56.
(ii) sub-paragraph (3), in so far as it inserts subsections (5A) to (5C) in section 78 of the Housing Act 1964; and
(d) the repeals contained in Part IX of Schedule 34 to this Act of words in sections 19 and 30 of the 1967 Act,
shall not have effect for any rate period, within the meaning of the 1967 Act, beginning before the first date after the passing of this Act on which new valuation lists come into force under section 68(1) of that Act.

(5) The provisions of Schedule 33 to this Act which give the Secretary of State power by order to prescribe multipliers and which are specified in subsection (6)(a), (b) and (c) below shall not have effect until he exercises the power conferred by them.

(6) The provisions of Schedule 33 mentioned in subsection (5) above are -

(a) paragraph 4; and

(b) in paragraph 8

(i) sub-paragraph (1);

(ii) sub-paragraph (3), in so far as it inserts subsections (5D) and (5E) in section 78 of the Housing Act 1964; and

(c) paragraph 14.
(7) Subject to the foregoing provisions of this section, this Part of this Act and the repeals contained in Part IX of Schedule 34 to this Act shall come into force on the day on which this Act is passed.

(8) Sections 32 and 46 above extend to Scotland only but, subject to that, this Part of this Act extends to England and Wales only.


[page 47]

PART VI

RATE SUPPORT GRANT

Amendments relating to existing system of rate support grants

General power to reduce rate support grant.

48.-(1) The Secretary of State may reduce the amount of rate support grant payable to a local authority for the year 1980-81 and any subsequent year before the commencing year if the uniform rate for that authority's area in that year exceeds the notional uniform rate.

(2) In this section -

"notional uniform rate" means the rate which, having regard to payments of the needs element of rate support grant and the prescribed national standard rateable value per head of population, the Secretary of State considers that each rating authority in England and Wales would need to levy in order to finance the spending needs of the authority and of all authorities with power to issue precepts to the authority; and

"uniform rate" -

1974 c. 7.
(a) in relation to authorities outside Greater London, has the meaning assigned to it for the purposes of sub-paragraph (1) of paragraph 10 of Schedule 2 to the Local Government Act 1974 by sub-paragraph (3) of that paragraph; and

(b) in relation to authorities in Greater London, has that meaning subject to any adjustment of the amount made by the Secretary of State.

(3) A report under section 3(3) of the Local Government Act 1974 (reports on rate support grant orders) shall specify the amount of the notional uniform rate.

(4) The notional uniform rate for the year 1980-81 shall be of such an amount as is specified in the report for that year under section 3(3) of the Local Government Act 1974.

(5) A report under section 4(2) of that Act (reports on redetermination) shall specify the principles on which the Secretary of State has made any adjustment of the uniform rates of authorities in Greater London.

(6) Where the Secretary of State makes any such adjustment, he shall apply the same principles in making it to all authorities in Greater London.


[page 48]

(7) Any expression used in this section or in section 49 or 50 below and to which a meaning is assigned by the Local Government Act 1974 has that meaning for the purposes of those sections.

Reduction of resources element.

49.-(1) In any case where the Secretary of State makes an order under section 4 of the Local Government Act 1974 (orders varying rate support grant orders) he may make a fresh determination of the amount of the resources element of rate support grant payable to a local authority for the year to which the order relates as provided in this section.

(2) A determination under this section shall be made by multiplying the uniform rate for the area of a local authority by a multiplier of an amount less than unity.

(3) Different multipliers may be determined under this section for different authorities.

(4) The principles on which multipliers are determined under this section shall be specified in an order made by statutory instrument by the Secretary of State.

(5) The same principles shall be applied to every determination under this section of a multiplier for any year.

(6) An order under this section shall be laid before the House of Commons and shall not have effect until approved by a resolution of that House; and no determination shall be made under this section until the order has effect.

Reduction of needs element for authorities in Greater London.

50.-(1) The Secretary of State may vary the amount of the needs element of rate support grant payable to the council of a London borough or the Common Council of the City of London for any year, in the manner provided in this section, if the rateable value per head of the population of their area, as determined under paragraph 9 of Schedule 2 to the Local Government Act 1974, exceeds the national standard rateable value per head of population, as defined by paragraph 8 of that Schedule.

(2) The Secretary of State shall carry out the variation mentioned in subsection (1) above, in relation to any authority, by multiplying the additional amount of needs element payable by virtue of the additional factors prescribed in relation to them under paragraph l(b) of Schedule 2 to the Local Government Act 1974 by a multiplier determined on principles specified in an order made by statutory instrument by the Secretary of State.

(3) Different multipliers may be determined under this section for different authorities.


[page 49]

(4) The same principles shall be applied to every determination under this section for any year.

(5) An order under this section shall be laid before the House of Commons and shall not have effect until approved by a resolution of that House; and no variation shall be made under this section until the order has effect.

Supplementary grants for transport purposes. 1974 c. 7

51.-(1) Notwithstanding anything in the Local Government Act 1974, the power of making grants under section 6(1) of that Act (supplementary grants for transport purposes payable by Minister of Transport in relation to England and Secretary of State in relation to Wales) may be exercised separately and differently for England and for Wales.

(2) An order made by statutory instrument may provide that, with effect from such year as may be specified in the order, no supplementary grants for transport purposes under section 6 of the Local Government Act 1974 shall be paid or that no such grants shall be paid except in respect of expenditure of a description specified in the order.

(3) Any such order shall be made -

(a) for England, by the Minister of Transport; and

(b) for Wales, by the Secretary of State.

(4) An order under this section may contain such provisions as appear to the Minister of Transport or, as the case may be, the Secretary of State to be necessary or proper in consequence of the provisions of the order, including provisions amending, repealing or revoking (with or without savings) any enactment or instrument made under an enactment.

(5) In subsection (4) above "enactment" includes an enactment contained in this Act.

(6) The power to make orders under this section includes power, from the beginning of the commencing year, to specify different years in relation to England and to Wales and to make other different provision in relation to them.

(7) No order under this section shall have effect until approved by a resolution of each House of Parliament.

Separate provision for Wales.

52.-(1) Notwithstanding anything in the Local Government Act 1974, the powers -

(a) of specifying under section 2 (7)(a) of that Act bodies whose expenditure in the provision of services for local authorities may be defrayed by the Secretary of State; and

[page 50]

(b) of making grants under section 7(1) of that Act (supplementary grants towards expenditure with respect to National Parks),
may be exercised separately and differently for England and for Wales.

1974 c. 7.

(2) Nothing in subsection (1) above shall affect any regulations made by virtue of section 2(7)(a) of the Local Government Act 1974 before the passing of this Act.

New system of rate support grants

Introduction of new system of rate support grants.

53.-(1) Subject to the provisions of this Part of this Act, the Secretary of State shall, for the commencing year and each subsequent year, make out of money provided by Parliament to local authorities in England and Wales in accordance with the provisions of this Part of this Act -

(a) a grant to be known as "domestic rate relief grant"; and

(b) a grant to be known as "block grant",

(2) The grants made in pursuance of subsection (1) above shall together be known as "rate support grants".

(3) Rate support grants as defined in section 1 of the Local Government Act 1974 shall not be payable for the commencing year or for any subsequent year.

(4) For the commencing year and any subsequent year rate support grants for local authorities in England and local authorities in Wales may be administered separately and differently; and this Part of this Act shall be construed, accordingly in relation to rate support grants for any year for which such grants are so administered.

(5) The following bodies are local authorities for the purposes of this Part of this Act, namely -

(a) the council of a county;

(b) the Greater London Council;

(c) the Inner London Education Authority;

(d) the council of a district;

(e) the council of a London borough;

(f) the Common Council of the City of London; and

(g) the Council of the Isles of Scilly.

(6) For the purposes of this Part of this Act the area of the Inner London Education Authority is the Inner London Education Area.

(7) The Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple are local authorities for the purposes of the provisions of this Part of this Act relating to domestic rate relief grant.


[page 51]

(8) Subject to the following provisions of this Part of this Act, payments in respect of rate support grants shall be made to a local authority at such times as the Secretary of State may with the consent of the Treasury specify, and shall be made in aid of the revenues of the authority generally.

(9) In this Part of this Act "the commencing year" means such year as the Secretary of State may by order made by statutory instrument appoint.

(10) The Secretary of State may by order made by statutory instrument direct that any enactment to which this subsection applies shall cease to have effect on such date as the order may specify.

(11) The enactments to which subsection (10) above applies are -

(a) sections 48 to 51 and 52(1)(a) and (2) above;

(b) section 69(3) below;

(c) the provisions specified in Schedule 8 to this Act;

(d) paragraph 31 of Schedule 32 to this Act; and

1967 c. 9.
(e) section 48(1A)(a) of the General Rate Act 1967 (standard amount for purposes of domestic rate relief).
The aggregate amount of rate support grants.

54.-(1) For the purpose of fixing the aggregate amount of the rate support grants for any year, the Secretary of State shall determine the aggregate amount (in this Part of this Act referred to as "the amount available for grants") which he estimates is to be available for the payment out of money provided by Parliament of grants to local authorities in respect of their relevant expenditure for that year, other than -

(a) housing subsidies;

(b) grants under section 8 of the Local Government Act 1974;

(c) grants under section 69 of this Act; and

(d) grants under paragraph 29 of Schedule 32 to this Act.

(2) The Secretary of State shall deduct from the amount determined under subsection (1) above -
(a) the portion of the amount available for grants which he estimates will be allocated to grants in respect of specific services, other than -
(i) grants under section 8 of the Local Government Act 1974,

(ii) grants under section 69 of this Act, and

(iii) grants under paragraph 29 of Schedule 32 to this Act; and


[page 52]

1974 c. 7.

(b) the portion of that amount which is prescribed as the aggregate amount of supplementary grants for transport services within the meaning of section 6 of the Local Government Act 1974; and

(c) the portion of that amount which is prescribed as the aggregate amount of supplementary grants under section 7 of that Act.

(3) So much of the amount available for grants as remains after making the deductions required under subsection (2) above shall be the aggregate amount of the rate support grants for that year.

(4) Before determining the amount available for grants and the portions of that amount mentioned in paragraphs (a) to (c) of subsection (2) above, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned and with any local authority with whom consultation appears to him to be desirable, and shall take into account -

(a) the latest information available to him as to the rate of relevant expenditure;

(b) any probable fluctuation in the demand for services giving rise to relevant expenditure, so far as the fluctuation is attributable to circumstances -

(i) in England as a whole; or

(ii) in Wales as a whole,

being circumstances which are not under the control of local authorities;

(c) the need for developing those services and the extent to which, having regard to general economic conditions, it is reasonable to develop them; and

(d) the current level of prices, costs and remuneration and any future variation in that level which in the opinion of the Secretary of State will result from decisions which appear to him to be final and which will have the effect of increasing or decreasing any particular prices, costs or remuneration.

(5) Subject -
(a) to subsection (7) below;
1975 c. 67.
(b) to section 6(3) of the Housing Finance (Special Provisions) Act 1975 (which relates to certain sums charged to a local authority's general rate fund);
1976 c. 32.
(c) to section 8(3) of the Lotteries and Amusements Act 1976, (proceeds of local lotteries); and
1980 c. 51. 1975 c. 6.
(d) to section 117(3) of the Housing Act 1980 (rate fund contributions under section 3 (4) of the Housing Rents and Subsidies Act 1975),

[page 53]

in this section "relevant expenditure", in relation to any year, means the expenditure for that year falling to be defrayed out of the rate fund of a local authority -

(i) reduced by the amount of any payments of such descriptions as the Secretary of State may specify which fall to be made for that year into the rate fund; and

(ii) exclusive of the items of expenditure mentioned in subsection (6) below.

(6) The items of expenditure referred to in subsection (5)(ii) above are -
(a) sums falling to be paid to another local authority by virtue of a precept or other instrument;
1962 c. 12.
(b) expenditure under section 1(1) (awards for university and comparable courses) or section 2(3) (grants to persons undergoing training as teachers) of the Education Act 1962; and
1972 c. 47.
(c) so much of the allowances granted in the year in question under a local authority's allowance scheme, within the meaning of Part II of the Housing Finance Act 1972, as does not exceed the authority's standard amount of rent allowances, within the meaning of that Act, for that year.
(7) The following grants for specific services, namely grants -

1973 c. 62. 1979 c. 55.

(a) to the Receiver for the Metropolitan Police District under section 51 of the Powers of Criminal Courts Act 1973 (towards the cost of probation services) and under section 59 of the Justices of the Peace Act 1979 (grants for magistrates' courts purposes); and
1964 c. 48.
(b) under section 31 of the Police Act 1964 (police grants), whether made to a committee of a local authority or not,
shall be treated for the purposes of subsection (2) above as grants made to local authorities; and to the extent that, in any year, any expenditure of the Receiver for the Metropolitan Police District or of a combined police authority is met by any such grants, that expenditure shall be treated for the purposes of this section as relevant expenditure in relation to that year.

(8) In this section -

"housing subsidies" means such grants to local authorities out of money provided by Parliament for housing as may be specified by the Secretary of State as housing subsidies for the purposes of this section; and

"rate fund" -

(a) in relation to the Greater London Council and the Inner London Education Authority, means any account or fund for which a precept is issued;

[page 54]

(b) in relation to the Common Council of the City of London and the Council of the Isles of Scilly, means the general rate; and

(c) in relation to any other local authority, means the county fund or general rate fund.

The domestic rate relief grant.

55.-(1) The aggregate amount of the domestic rate relief grant shall be determined by the Secretary of State.

(2) The amount of domestic rate relief grant payable to a local authority for any year shall be calculated in accordance with Schedule 9 to this Act.

(3) No payment in respect of domestic rate relief grant shall be made -

(a) to a county council;

(b) to the Greater London Council; or

(c) to the Inner London Education Authority.

(4) Any amounts payable to a local authority in respect of domestic rate relief grant shall be taken into account for the purposes of this and any other Act as if they were payable on account of rates.

The block grant.

56.-(1) The amount of block grant for a year is the balance left after deducting the amount of domestic rate relief grant from the aggregate amount of the rate support grants.

(2) If -

(a) the council of a county, the Greater London Council or the Inner London Education Authority give notice to the Secretary of State that they do not wish to be paid block grant for any year; and

(b) he gives them notice that he consents to it not being paid to them,

no amount shall be payable to them by way of that grant for that year.

(3) Any amount that would have been payable to them shall be distributed among the appropriate authorities as part of their block grant for the year.

(4) In subsection (3) above "the appropriate authorities" means -

(a) in relation to the council of a county, the councils of districts in the county;

(b) in relation to the Greater London Council, the London borough councils and the Common Council of the City of London; and


[page 55]

(c) in relation to the Inner London Education Authority, those of the councils mentioned in paragraph (b) above whose areas are in the Inner London Education Area.
(5) The amount to be paid to an authority under subsection (3) above shall bear the same proportion to the amount that would have been payable to the county council or the Greater London Council or the Inner London Education Authority as the gross rateable value of the authority's area bears to the gross rateable value of the county, Greater London or the Inner London Education Area, as the case may be.

(6) Subject to subsection (7) below, the amount of block grant payable to a local authority is to be calculated by deducting from the total expenditure to be incurred by them during the year the product arrived at by multiplying their grant-related poundage by the gross rateable value of their area.

(7) The amount of block grant payable to a local authority, other than any amount payable under subsection (3) above, may not exceed the total expenditure to be incurred by them during the year.

(8) In this Part of this Act -

"grant-related expenditure", in relation to each authority to whom block grant is payable for any year, means the aggregate for the year of their notional expenditure having regard to their functions;

"grant-related poundage", in relation to each such authority, means subject to paragraph 6 of Schedule 11 below, a poundage related -

(a) to a given ratio between their total expenditure and their grant-related expenditure; or

(b) to a given difference between their total expenditure divided by their population and their grant-related expenditure so divided;

"gross rateable value", in relation to each such authority, means the aggregate of the rateable values of the hereditaments in their area;

"rateable values", in relation to hereditaments, means subject to subsection (14) below, rateable values ascribed to them in the valuation lists on a date to be specified for each year in the Rate Support Grant Report;

"total expenditure", in relation to each such authority, means the expenditure which is relevant expenditure within the meaning of subsection (5) of section 54 above reduced by the amount of any grant to them


[page 56]

mentioned in subsection (2) of that section and adjusted by the addition or subtraction of such descriptions of expenditure or receipts as the Secretary of State may direct, and
1967 c. 9.
"valuation list" has the meaning assigned to it by section 115 of the General Rate Act 1967.
(9) The Secretary of State may -
(a) defray any expenditure incurred in any year in the provision of services for local authorities by any body specified in regulations made by the Secretary of State; and

(b) deduct from the aggregate amount of the block grant for that year, such amount, not exceeding the total of the expenditure so defrayed, as appears to him to be appropriate;

1974 c. 7.

and any regulations made under section 2(7) of the Local Government Act 1974 shall have effect for the purposes of this subsection as if they had been made under it.

(10) Before giving a direction under subsection (8) above or exercising his powers under subsection (9) above, the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.

(11) Any such direction shall be given in accordance with principles to be applied to all local authorities.

(12) Regulations under subsection (9) above shall be made by statutory instrument, and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(13) The reference to hereditaments in subsection (8) above includes a reference to a notional hereditament which a body is treated as occupying by virtue of any enactment.

(14) A Rate Support Grant Report may provide that for the year to which it relates the rateable value of hereditaments falling within any class of hereditaments shall be ascertained for the purposes of this Part of this Act otherwise than by reference to the values ascribed to them in the valuation list.

Determination of grant-related poundage and grant-related expenditure.

57.-(1) A local authority's grant-related poundage and grant-related expenditure shall be determined by the Secretary of State in accordance with principles to be applied to all local authorities.

(2) Subject to subsection (3) below, the principles on which the grant-related poundage and the grant-related expenditure are determined shall be specified in the Rate Support Grant Report.


[page 57]

(3) The principles set out in section 58 need not be specified in the Rate Support Grant Report.

Principles for determination of grant-related poundage.

58.-(1) The principles set out in subsections (2) and (3) below shall apply to all authorities belonging to the appropriate class.

(2) Where an authority's total expenditure is at a level equal to or less than their grant-related expenditure, a given decrease in their total expenditure must produce the same decrease in their grant-related poundage as would be produced by the same decrease in their total expenditure if it were at any other level which is less than their grant-related expenditure.

(3) Where an authority's total expenditure is at a level equal to or more than their grant-related expenditure, a given increase in their total expenditure must produce an increase in their grant-related poundage not less than the increase that would be produced by the same increase in their total expenditure if it were at any lower level.

(4) References in this section to an increase or decrease in grant-related poundage are references to an increase or decrease in absolute terms.

(5) References in this section to an increase or decrease in an authority's total expenditure may be construed either as references to an increase or decrease in absolute terms in their expenditure per head of the population of their area or as references to an increase or decrease in the ratio between their total expenditure and their grant-related expenditure; but such references shall be construed in the same way in relation to all authorities.

Adjustments of distribution of block grant.

59.-(1) Subject to the following provisions of this section, the Secretary of State may provide in a Rate Support Grant Report that the amount of block grant payable to a local authority for a year shall be calculated by deducting from their total expenditure, instead of the product of their grant-related poundage and the gross rateable value of their area, the product of those sums multiplied by a multiplier determined by the Secretary of State.

. (2) Except as provided in subsection (3) below, the power conferred by subsection (1) above may only be exercised for the purpose of increasing the amount of block grant payable to a local authority.

(3) The power may be exercised for the purpose of decreasing the amount of block grant payable to a local authority if the Secretary of State is satisfied that there will be an unreasonable increase, unless he exercises the power, in the amount of block


[page 58]

grant payable to the authority for a year, compared with the amount payable to them for the previous year.

(4) The power conferred by subsection (1) above may be exercised so as to determine different multipliers for different authorities.

(5) Except as provided by subsection. (7) below, the power -

(a) may only be exercised -
(i) in accordance with principles to be applied to all local authorities; or

(ii) in accordance with principles to be applied to all local authorities belonging to the appropriate class; and

(b) may only be exercised for any such purpose as is specified in paragraphs (a) to (d) of subsection (6) below.
(6) The purposes mentioned in subsection (5) above are -
(a) limiting the change in the amount of block grant payable to an authority for the year from the amount payable in the previous year;

(b) taking account of less than the gross rateable value of an authority or group of authorities in calculating the amount of block grant payable;

(c) reducing, whether in whole or in part, disparities in the rates levied in different rating areas of Greater London other than the Temples; and

(d) any such other purpose as the Secretary of State may determine.

1964 c. 48.

(7) The power may also be exercised in accordance with principles to be applied to the councils of counties to whose police expenses section 57 of the Police Act 1964 applies (counties falling partly within the Metropolitan Police District).

(8) If the Secretary of State exercises that power, the principles on which he exercises it shall be specified in the Rate Support Grant Report.

(9) In this Part of this Act "the appropriate class", in relation to a local authority, means the class specified in subsection (10) below to which that authority belongs.

(10) Subject to subsection (11) below, any local authority of a description specified in any of the paragraphs of section 53(5) above belongs to a class consisting of all the authorities of that description.


[page 59]

(11) Section 53(5) above shall be treated for the purposes of this section -

(a) as if paragraph (a) referred to two classes, namely -
(i) councils of metropolitan counties; and

(ii) councils of non-metropolitan counties;

(b) as if paragraph (d) referred to two classes, namely -
(i) councils of metropolitan districts; and

(ii) councils of non-metropolitan districts; and

(c) as if paragraph (e) were omitted.
(12) In their application to block grant payable to a local authority for the commencing year subsections (3) and (6) (a) above shall have effect as if references to an amount determined by the Secretary of State were substituted for the references to the amount of block grant payable to the authority for the previous year.

The Rate Support Grant Report. 1974 c. 7

60.-(1) In this section and section 61 below "the relevant grants" means rate support grants payable under this Part of this Act and grant payable under section 6 or 7 of the Local Government Act 1974 (supplementary grants for transport and National Parks).

(2) Subject to subsection (3) below, the Secretary of State shall make for each year a report (in this Part of this Act called a " Rate Support Grant Report ") relating to the relevant grants.

(3) In so far as a Rate Support Grant Report relates to payments of grants under section 6 of the Local Government Act 1974 it shall be made for England by the Minister of Transport.

(4) A Rate Support Grant Report shall be made with the consent of the Treasury.

(5) Before making a Rate Support Grant Report the Secretary of State and the Minister of Transport shall consult such associations of local authorities as appear to them to be concerned and any local authority with whom consultation appears to them to be desirable.

(6) A Rate Support Grant Report shall specify -

(a) all the determinations relating to the relevant grants which are required by any provision of this Part of this Act; and

(b) the considerations leading the Secretary of State to make any such determination.

(7) A Rate Support Grant Report shall be laid before the House of Commons.


[page 60]

(8) No payment of any of the relevant grants for the year shall be made until the Rate Support Grant Report is approved by a resolution of the House of Commons and (subject to section 61 below) any payment may be made only in accordance with the Rate Support Grant Report as so approved.

(9) The Secretary of State shall send a copy of every Rate Support Grant Report to each local authority as soon as practicable after it has been approved.

Supplementary reports.

61.-(1) Subject to subsection (2) below, after a Rate Support Grant Report has been made for any year the Secretary of State may, at such time or times as he thinks fit, make one or more supplementary reports for that year.

(2) Section 60(3) to (5), (7) and (9) above shall apply to a supplementary report as they apply to a Rate Support Grant Report.

(3) Subject to subsections (4) and (5) below, a supplementary report may specify fresh determinations in place of all or any of those specified by the Rate Support Grant Report.

(4) The Secretary of State may not in a supplementary report vary the aggregate amount of domestic rate relief grant determined by him for any year in the Rate Support Grant Report for that year.

(5) The power conferred by subsection (3) above shall be exercisable only in accordance with principles applicable to all local authorities and specified in the supplementary report.

(6) In addition to specifying any fresh determinations a supplementary report shall specify the considerations leading to them.

(7) If a supplementary report is approved by a resolution of the House of Commons, any payment of any of the relevant grants for the year may be made only in accordance with the Rate Support Grant Report for the year (as so approved), as varied by the supplementary report for the year (as so approved).

Adjustment of block grant total.

62.-(1) For the purpose of ensuring that the total amount paid in respect of block grant in any year is the same as the aggregate amount available for that grant in that year, the Secretary of State may adjust (whether by increasing or decreasing it) the amount payable to each local authority.

(2) The Secretary of State shall so carry out the adjustment mentioned in subsection (1) above that the amount payable to an authority is adjusted in the same ratio as the aggregate amounts to which all authorities are entitled bear to the aggregate amount available for grant.


[page 61]

(3) The Secretary of State may, for the purpose of the adjustment required by this section, make a fresh calculation of the entitlement of each local authority to block grant, substituting the total expenditure actually incurred by that authority during the year for the figure calculated as the authority's total expenditure under section 56 above.

Adjustment of block grant in connection with education etc.

63. Block grant shall be subject to the adjustments arising out of expenditure by local authorities on education and for connected purposes specified in Schedule 10 to this Act.

Special provision for Metropolitan Police District.

64. Schedule 11 to this Act shall have effect in relation to block grant payable -

(a) to the council of a London borough; or

(b) to the council of a district whose area is wholly or partly within the Metropolitan Police District.

Submission of information.

65.-(1) Each local authority shall submit to the Secretary of State or the Minister of Transport in respect of each year, by such date as he may specify, such information as he may from time to time require for the purposes of sections 53 to 64 above and to Schedule 11 to this Act in connection with the total expenditure to be incurred by them during the year.

(2) Where the Secretary of State or the Minister of Transport is not satisfied that the information submitted to him by a local authority under subsection (1) above accurately reflects the amount by reference to which the authority have calculated the general rate for the year to which the information relates, or the amount of any precept issued by them for that year, he may, after giving notice of his intention to the authority and affording them an opportunity to submit representations, make such adjustment of the information submitted to him under subsection (1) above as he considers appropriate.

Estimates and calculations.

66.-(1) The Secretary of State shall, upon the best information available to him, estimate and notify to each local authority the amounts of domestic rate relief grant and block grant which will become payable to the authority for a year; and he may make and notify to an authority such further estimates of the said amounts, taking into account information not previously available, as he may think fit.

(2) As soon as practicable after he has received what appears to him to be sufficient information for the purpose, the Secretary of State shall make a conclusive calculation of the said amounts and notify the result of that calculation to each local authority.


[page 62]

(3) The amounts of domestic rate relief grant and block grant payable to a local authority shall each be calculated to the nearest pound.

(4) Where it appears to the Secretary of State from any estimate or calculation made under this section that a sum in excess of the amount of the estimate or calculation has already been paid to a local authority in respect of rate support grants for the year, he may recover that sum by deduction from any amount due to that authority in respect of those grants, whether for the year or for any subsequent year, or by issuing a demand for it to the authority or partly by such deduction and partly by such a demand, as he thinks fit.

Changes in rateable values.

67.-(1) After the amount of the block grant payable to a local authority for any year has been conclusively calculated under this Part of this Act, the authority may by notice in writing request the Secretary of State to give a direction under this section if -

(a) the rateable value of hereditaments in the authority's area has been reduced with effect from the date on or before that which is relevant for determining the gross rateable value of the hereditaments in the authority's area for that year under this Part of this Act; and

(b) the effect of those and any other alterations of rateable values made before the date of the notice would, had they been made on the dates as from which they took effect, have been to produce a reduction in the gross rateable value of those hereditaments which is of such a magnitude that, expressed as a percentage of their gross rateable value, it exceeds such percentage as may be specified for the purposes of this section in regulations made by the Secretary of State.

(2) On the receipt of such a notice the Secretary of State shall direct that the amount of the block grant payable to the authority for that year shall be recalculated in accordance with the following provisions of this section' and a further payment on account of that grant shall be made to the local authority accordingly.

(3) The power to specify a percentage for the purposes of paragraph (b) of subsection (1) above includes power to specify, in relation to second and subsequent notices given by a local authority in respect of any year, percentages higher than that specified in relation to the first notice given by the authority in respect of that year.

(4) Where subsection (1) above applies, the amount of block grant payable to the authority for the year shall be recalculated


[page 63]

by treating the gross rateable value of the hereditaments in their area as reduced by the difference between the reduction referred to in subsection (1)(b) above and the percentage specified for the purpose of that paragraph or, where more than one percentage is so specified, the lowest of them.

(5) The further payment shall be an amount equal to the difference between the amount previously paid to the authority for the year concerned on account of block grant and the amount recalculated as specified in subsection (2) above.

(6) Any amount payable under this section shall be payable without the making of any report under this Part of this Act and notwithstanding the contents of any such report previously made in respect of the year for which the grant is payable.

(7) Before making regulations under this section the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.

(8) The power to make such regulations shall be exercisable by statutory instrument.

(9) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Rate support grant - supplementary.

68.-(1) In this Part of this Act "year" means a period of 12 months beginning with 1st April.

1974 c. 7.

(2) In section 10(2) of the Local Government Act 1974 the following definition shall be substituted for the definition of " prescribed":-

"prescribed" means prescribed by a Rate Support Grant Report made under section 60 of the Local Government, Planning and Land Act 1980 or by a supplementary report made under section 61 of that Act;.
(3) In section 6 of the Housing Finance (Special Provisions) Act 1975 (which among other things prevents certain sums charged to the general rate fund being taken into account in calculations of rate support grants) -
(a) in subsection (3), for the words "section 1(4) of the Local Government Act 1974" there shall be substituted the words "section 54(5) of the Local Government, Planning and Land Act 1980"; and

(b) in subsection (4), for the words from "shall not be included" to the end of the subsection there shall be substituted the words "shall be disregarded".


[page 64]

1976 c. 32.

(4) The following subsection shall be substituted for subsection (3) of section 8 of the Lotteries and Amusements Act 1976 (proceeds of local lotteries):-

"(3) The payment by a local authority out of their rate fund, within the meaning of subsection (8) of section 54 of the Local Government, Planning and Land Act 1980, of money accruing from a local lottery shall not be relevant expenditure within the meaning of subsection (5) of that section.".
1980 c. 20.

(5) In section 31(7) of the Education Act 1980 (which relates to recoupment between education authorities in respect of the cost of further education) for the words "paragraph 3A of Schedule 2 to the Local Government Act 1974" there shall be substituted the words" paragraph 6 of Schedule 10 to the Local Government, Planning and Land Act 1980".

1980 c. 51.

(6) In section 117 (3) of the Housing Act 1980 for the words "section 1 of the Local Government Act 1974" there shall be substituted the words "section 54 of the Local Government, Planning and Land Act 1980".

1974 c. 7.

(7) Any power to amend regulations made under Part I of the Local Government Act 1974 or section 32 of the Education Act 1980 shall include power to make any such amendments in the regulations as appear to the Secretary of State to be necessary or expedient in consequence of the provisions of sections 53 to 68 above.

(8) The amendments made by subsections (2) to (6) above shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint.

(9) This Part of this Act extends to England and Wales only.

PART VII

MISCELLANEOUS GRANTS

Grants in respect of rate rebates for disabled

Grants in respect of rebates under the Rating (Disabled Persons) Act 1978. 1978 c. 40

69.-(1) For the year beginning with 1st April 1979 and each subsequent year the Secretary of State shall payout of money provided by Parliament to any authority granting rebates under the Rating (Disabled Persons) Act 1978 in that year a grant equal to 90 per cent. of the aggregate amount of the rebates so granted, excluding any additional amount granted by virtue of paragraph 8 of Schedule 1 to that Act (power to increase rebates by one-fifth in certain cases) or by virtue of section 4(7) of that Act (which makes similar provision for Scotland).


[page 65]

(2) Payments of grant under this section shall be made at such times as the Secretary of State may with the consent of tho Treasury determine.

(3) In section 1(2) of the Local Government Act 1974 (amount available for grants to local authorities) after the words "section 8 below", in each place where they occur, there shall be inserted the words "or section 69 of the Local Government, Planning and Land Act 1980".

Grants for caravan sites

Grants in respect of caravan sites for gipsies. 1960 c. 62

70.-(1) This section applies to expenditure of a capital nature incurred by any local authority under section 24 of the Caravan Sites and Control of Development Act 1960 (provision of caravan sites by local authorities) in respect of caravan sites provided for the accommodation of gipsies.

(2) The Secretary of State may, with the approval of the Treasury, make out of money provided by Parliament grants in respect of expenditure which, in his opinion, is expenditure to which this section applies.

(3) Any grants under this section shall be made on such terms and conditions (if any) as the Secretary of State may, with the approval of the Treasury, determine.

(4) In this section -

"caravan" has the meaning assigned to it by the Caravan Sites and Control of Development Act 1960; and
1968 c. 52.
"gipsy" has the meaning assigned to it by the Caravan Sites Act 1968.

PART VIII

CAPITAL EXPENDITURE OF LOCAL AUTHORITIES ETC.

Expenditure to which Part VIII applies.

71.-(1) This Part of this Act applies to prescribed expenditure of the following authorities -

(a) a county council;

(b) a district council;

(c) a London borough council;

(d) the Common Council of the City of London;

(e) the Council of the Isles of Scilly;

1947 c. 41.
(f) a fire authority constituted by a combination scheme under section 6 of the Fire Services Act 1947;
1972 c. 70.
(g) a joint planning board constituted for a National Park by an order under paragraph 1 of Schedule 17 to tho Local Government Act 1972; and

[page 66]

(h) a special planning board constituted for a National Park by an order under paragraph 3 of that Schedule.
(2) Any reference to prescribed expenditure in this Part of this Act shall be construed in accordance with Schedule 12 to this Act.

Expenditure which authorities may make.

72.-(1) Subject to subsection (2) below, it shall be the duty of the appropriate Minister to specify in relation to any authority to whom this Part of this Act applies an amount of prescribed expenditure for each year.

(2) The Minister of Transport may specify an amount of prescribed expenditure in relation to any authority mentioned in section 71(1) above but it shall not be his duty to do so except in relation to a county council.

(3) Subject to subsection (5) below, an authority to whom this Part of this Act applies may make in any year payments in respect of prescribed expenditure equal to or less than the aggregate of the following:-

(a) the amount specified for the year under subsection (1) above; and

(b) an amount not exceeding 10 per cent. (or such other proportion as may be prescribed for the year) of the amount so specified; and

(c) any amount of prescribed expenditure specified at any time, but not later than 1st November in the year to which the allocation relates except with the prior agreement of the authority concerned, for the year by the appropriate Minister in addition to the amount specified under subsection (1) above; and

(d) an amount for the year equal to the authority's net capital receipts or to such proportion of those receipts as may be prescribed; and

(e) an amount for the year equal to the authority'S entitlement of profits of a trading undertaking owned by that authority individually or as a member of a joint committee of local authorities and such payments may be made, subject to section 73 below, for such purposes as the authority think fit.

(4) In subsection (3)(e) above trading undertakings include -
(i) any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour or pier undertaking;

(ii) any telephone undertaking;


[page 67]

(iii) any aerodrome;

(iv) any market undertaking;

1972 c. 70.
(v) any undertaking for the provision of entertainments under section 145 of the Local Government Act 1972 or any local enactment;

(vi) any undertaking for the supply of district heating;

(vii) any civic catering undertaking; or (viii) any exhibition hall or complex.

(5) Nothing in subsection (3) above authorises an authority to make payments if to make them would fall outside the powers the authority have apart from that subsection.

(6) For the purpose of determining whether a payment was authorised under subsection (3) above the amount of the net capital receipts of the authority who made the payment shall be ascertained on 31st March in the year in which the payment was made.

(7) In this section "net capital receipts", in relation to any year, means the receipts of an authority which by virtue of section 75(1) below are capital receipts for the purposes of this Part of this Act, as reduced by any payment in a previous year which was authorised by subsection (3)(d) above.

(8) If in any year (the relevant year) an authority make in respect of prescribed expenditure payments exceeding the aggregate of the amounts mentioned in subsections (3)(a), (c) and (d) above, the amount which would (apart from this subsection) be specified under subsection (1) above for the following year shall be reduced by the appropriate amount.

(9) Subject to subsection (10) below, the appropriate amount is an amount equal to the excess mentioned in subsection (8) above.

(10) Where, in the preceding year (that is, the year preceding the relevant year), the authority have not spent the whole of the amounts mentioned in subsection 3(a) and (c) above for the preceding year, the amount of the reduction is an amount equal to the excess mentioned in subsection (8) above minus whichever of the following is less, namely -

(a) the part not spent for the preceding year;

(b) the amount mentioned in subsection 3(b) above for the relevant year.


[page 68]

Projects of regional or national importance.

73.-(1) Where the appropriate Minister specifies an amount under section. 72(1) above, he may further direct under this section that -

(a) a specified part of the aggregate of the amounts mentioned in section 72(3) above may be spent only on a specified project;

(b) no part of that aggregate may be spent on a specified project.

(2) A project may only be specified under subsection (1) above if the appropriate Minister -
(a) is of opinion that the project is of national or regional importance, or

(b) is of opinion that the project, though not itself of national or regional importance, is part of a project which is of such importance.

Withdrawal of specification.

74.-(1) Subject to subsection (2) below, a specification may at any time be withdrawn by the Minister who made it so far as it relates to payments which the authority have not made before it is withdrawn.

(2) A specification may not be withdrawn so far as it relates to a payment in satisfaction of any liability in respect of which an authority have entered into a binding contract.

Capital receipts.

75.-(1) Subject to the following provisions of this section and to any regulations under subsection (5) below, for the purposes of this Part of this Act an authority's capital receipts are equal -

(a) to any sums received by the authority before the commencement date in respect of the disposals and repayments mentioned in subsections (2) and (3) below, less the amount spent by the authority before that date out of any such sums (for whatever purpose); and

(b) to any sums received by the authority on or after the commencement date in respect of those disposals and repayments, without any deduction.

(2) The disposals are those of land (including buildings and structures on land), vehicles, vessels, movable and immovable plant, machinery and apparatus.

(3) The repayments are those of grants and advances of a capital nature other than grants and advances to local authorities, or Passenger Transport Executives.

(4) Where -

(a) the authority dispose -
(i) of an interest in land which confers a right to occupy the land but is not a freehold interest, or,

[page 69]

(ii) of an interest in goods other than the property in them; or
(b) any such interest belonging to the authority comes to an end by any means,
there shall be included in the capital receipts of the authority a sum equal to the amount which under section 80 below the authority would have been taken to have paid for the acquisition of the interest if it had acquired it at the date when it disposed of it or when the interest came to an end.

(5) Regulations may provide -

(a) that the proportion mentioned in section 72(3)(d) above shall be different in so far as the sums received are in respect of the disposal of different classes of assets or of the repayment of different classes of grants or advances;

(b) that sums received before a date specified in the regulations shall not be treated as received for the purposes of subsection (1) above;

(c) that sums spent before a date specified in the regulations shall not be treated as spent for the purposes of subsection (1) above;

(d) that classes of assets shall be treated, or shall be treated to an extent specified in the regulations, as if they were mentioned in subsection (2) above in addition to or in substitution for those so mentioned;

(e) that classes of assets shall be treated, or shall be treated to an extent specified in the regulations, as if they were not mentioned in subsection (2) above;

(f) that sums which are not capital receipts for the purposes of this Part of this Act by virtue of subsection (1) above shall be capital receipts for those purposes.

Specification of expenditure - supplementary.

76.-(1) It shall be the duty of the appropriate Minister to give an authority notice of the particulars of a specification under section 72 above in respect of any year before the beginning of the year in relation to which he makes the specification.

(2) So far as a specification relates to payments in respect of expenditure in England for the purpose of functions the responsibility for which is vested in the Minister of Transport, the specification shall be made by that Minister.

(3) In any other case a specification shall be made by the Secretary of State.

(4) References to the appropriate Minister in this section and section 72 above shall be construed in accordance with subsections (2) and (3) above.


[page 70]

Local authorities sharing expenditure.

77.-(1) This section has effect where by virtue of an agreement between two or more authorities to whom this Pam of this Act applies any payment in respect of a specified amount of prescribed expenditure in respect of which a specification has been made under this Part of this Act as regards one of those authorities falls to be made by an authority other than the authority as regards whom the specification was made.

(2) Where an agreement such as is mentioned in subsection (1) above has been made, a specification made as regards one of the authorities who are parties to the agreement shall be treated as having been made as regards the authority by whom the payment falls to be made by virtue of the agreement and not as regards any other authority by whom it would fall to be made but for the agreement.

Power to give directions in relation to expenditure.

78.-(1) If the Secretary of State is of the opinion that an authority to whom this Part of this Act applies have failed or are likely to fail to fulfil the requirements of section 72 above in respect of any year, he may direct that after a date specified in the direction the authority -

(a) shall not make any payment in respect of prescribed expenditure if the amount of that payment, together with the amount of other payments of prescribed expenditure made in the same year, exceeds in aggregate the amounts which apply for that year under section 72(3)(a), (c) and (d) above as regards the authority; and

(b) shall not enter into any contract for the carrying out of works of new construction, or undertake any such works the cost of which exceeds an amount specified in the direction; and

(c) shall not enter into any contract under which they would incur liability to pay a sum or sums the amount of which exceeds an amount specified in the direction,

without the consent of the appropriate Minister.

(2) A direction under subsection (1) above may be varied or revoked by a further direction given by the Secretary of State.

(3) In this section "works of new construction" means building or engineering works involved in the construction or improvement of buildings and other structures or in the laying out, construction or improvement of highways and other land.


[page 71]

Payments etc. in contravention of direction under section 73 or 78.

79.-(1) Subject to subsection (2) below, it shall not be beyond the powers of an authority to make a payment or enter into a contract on the ground only that to do so would entail their making payments exceeding the aggregate mentioned in section 72(3) above.

(2) Subject to subsection (3) below, it shall be beyond the powers of an authority to make a payment or enter into a contract in contravention of a direction under section 73 or 78 above.

(3) A transaction between a person and an authority shall not be void by reason only that it was carried out in contravention of any such direction, and a person shall not be concerned to see or inquire whether such a direction has been given or complied with.

Valuation etc.

80.-(1) Where an interest in or right over property is acquired then, for the purposes of this Part of this Act, the authority making the acquisition shall be taken to have paid an amount calculated as follows and shall not be taken to payor to have paid any other amount on the acquisition; and any reference in this Part of this Act to a payment by an authority shall be construed as including a reference to a payment of an amount so calculated.

1972 c. 70.

(2) A payment of an amount so calculated shall accordingly be treated as an item of account within the meaning of section 161 of the Local Government Act 1972 (powers of district auditor and the court).

(3) Where the acquisition is of an interest in land which consists of the fee simple absolute in possession, and the consideration for the acquisition is money alone, the amount is the consideration (whenever and however payable).

(4) Where the acquisition is -

(a) of a freehold interest in land and the consideration for the acquisition is not money alone, or

(b) of some other interest in or right over land and the interest or right confers a right to occupy the land,

the amount is the money consideration which would be obtained for the freehold interest in the land if the interest were sold on the open market by a willing seller at the time of the acquisition.

(5) This subsection applies where -

(a) the acquisition is of a leasehold interest in land; and

(b) it is intended at the time of the acquisition that some person shall erect a building on the land for the authority.


[page 72]

(6) Where subsection (5) above applies, the authority shall be taken to make -

(a) on 31st March following the acquisition, a payment of an amount equal to the total value of any work carried out in respect of the building since the acquisition; and

(b) on 31st March in each subsequent year, a payment of an amount equal to the difference between the total value of any work carried out by that date in respect of the building and the total value of any work carried out in respect of it by 31st March in the previous year.

(7) Any amount which by virtue of subsection (6) above an authority are to be taken to pay in respect of an acquisition is in addition to any amount calculated in accordance with subsection (4) above which they are to be taken to pay in respect of that acquisition.

(8) Where the acquisition is of an interest in or right over land and the interest or right does not confer a right to occupy the land, the amount is nil.

(9) Where the acquisition is of the property in goods under a contract of sale, the amount is the consideration (whenever and however payable).

(10) Where an acquisition is -

(a) of the property in goods under a contract other than one of sale, or

(b) of an interest in or right over goods other than the property in them,

the amount is the consideration which would be realised for the goods if they were sold (under a contract of sale) on the open market by a willing seller at the time of the acquisition.

(11) Where the acquisition is -

(a) by gift, or

(b) by deed and for no consideration other than the presumed consideration imported by the deed,

the amount is nil.

(12) Where the acquisition is of a right or interest not exceeding one year in duration, the amount is nil; but if such a right or interest is extended so as to exceed one year in duration, or if an authority acquire a right or interest to commence on the expiry of another and the two together exceed one year in duration, the authority shall be taken to acquire (on the date the extension, or the subsequent right or interest, is acquired) a right or interest exceeding one year in duration.


[page 73]

(13) Where by virtue of this section the amount is other than nil, and the acquisition is made in pursuance of an option to acquire, the amount also includes any consideration for the option (whenever payable).

(14) In subsection (4) above references to a freehold interest in land are to the fee simple absolute in possession (subject to any existing rights other than rights under a mortgage or charge to secure the payment of money).

(15) In subsections (9) and (10) above "property" (in relation to goods) means the general property in them and not merely a special property.

(16) For the purposes of this Part of this Act, the right to use any property is to be treated as an interest in the property.

(17) For the purposes of this Part of this Act, an interest in or right over property is acquired when an authority become entitled under the contract concerned to the immediate or future transfer of the interest or exercise of the right or to the immediate or future use of the property.

Expenditure of Greater London Council and London Transport Executive.

81. Schedule 13 to this Act shall have effect.

Other Passenger Transport Executives and their subsidiaries.

82.-(1) For the purposes of this Part of this Act -

(a) any payment, acquisition or disposal by a Passenger Transport Executive whose area is either the whole or part of one county shall be treated as having been made by the county council;

(b) any receipt, contract or liability of an Executive shall be treated as a receipt, contract or liability of that council;

(c) any termination of an interest of an Executive shall be treated as the termination of an interest of that council; and

(d) any repayment to an Executive shall be treated as a repayment to that council.

(2) Subject to subsection (3) below, for the purposes of this Part of this Act -

1968 c. 73.

(a) any payment, acquisition or disposal by a Passenger Transport Executive established by an order under section 9 of the Transport Act 1968 shall be treated as having been made by all the county councils any part of whose area is within the Executive's area;

[page 74]

(b) any receipt, contract or liability of such an Executive shall be treated as a receipt, contract or liability of all those councils; and

(c) any termination of an interest of such an Executive shall be treated as the termination of an interest of all those councils; and

(d) any repayment to such an Executive shall be treated as a repayment to all those councils.

(3) Subsection (2) above shall have effect in relation to a Passenger Transport Executive and to the county councils any part of whose area is within the Executive's areas subject to and in accordance with the provisions of the order establishing the Executive.

1968 c. 73.

(4) Any reference to a Passenger Transport Executive in subsections (1) to (3) above includes a reference to a company which is a wholly-owned subsidiary of such an Executive, as defined in section 159 (1) of the Transport Act 1968.

(5) References to an authority in this Part of this Act shall be construed in accordance with this section.

Submission to Passenger Transport Authority of proposals to acquire certain interests in land or goods.

83.-(1) Any proposal by a Passenger Transport Executive or any subsidiary of such an Executive to acquire -

(a) an interest in or right over land, other than a freehold interest, where the interest or right confers a right to occupy the land; or

(b) an interest in or right over goods other than the property in them,

shall be treated as being a proposal involving an outlay on capital account for the purposes of section 15(1)(c) of the Transport Act 1968 (proposals for expenditure involving substantial outlay on capital account to be submitted by Executive for approval of Passenger Transport Authority.)

(2) In subsection (1) above "freehold interest" has the meaning assigned to it by subsection (14) of section 80 above and "property" has the meaning assigned to it by subsection (15) of that section.

Regulations under Part VIII.

84.-(1) Any power to make regulations under this Part of this Act (including Schedule 12 to this Act) shall be exercisable by statutory instrument.

(2) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.


[page 75]

(3) Any such regulations may make different provision in relation to England and to Wales.

(4) Subject to subsection (5) below, any such regulations shall be made by the Secretary of State.

(5) So far as any such regulations relate to expenditure by any body in England for the purpose of functions the responsibility for which is vested in the Minister of Transport, they shall be made by the Secretary of State and that Minister.

(6) In this Part of this Act "prescribed" (except in the phrase "prescribed expenditure") means prescribed by regulations.

Part VIII - supplementary.

85.-(1) This Part of this Act shall come into force on such day as the Secretary of State and the Minister of Transport may by order made by statutory instrument appoint and different days may be so appointed for different provisions and for different purposes; and any reference in any provision of this Part of this Act to the commencement date is a reference to the day appointed under this section for the coming into operation of that provision or, if different days are so appointed for different purposes of that provision, the day appointed for the purpose in question.

(2) In this Part of this Act "year" means a period of 12 months beginning with 1st April.

(3) This Part of this Act extends to England and Wales only.

PART IX

TOWN AND COUNTRY PLANNING

Allocation of planning functions

Distribution of planning functions between planning authorities.

86.-(1) The following sub-paragraphs shall be substituted for sub-paragraph (3) of paragraph 15 of Schedule 16 to the Local Government Act 1972:-

"(3) Every application mentioned in sub-paragraph (1) above shall be made to the district planning authority.

(3A) The district planning authority shall send to the county planning authority, as soon as may be and in any case not later than seven days after they have received it, a copy of any application for planning permission which appears to them to relate to a county matter.

(3B) Subject to sub-paragraph (3C) below, the district planning authority shall send to the local highway authority, as soon as may be after they have received it, a copy of


[page 76]

any application for planning permission which does not appear to them to relate to a county matter.

(3C) If the local highway authority specifies any case or class of case in which a copy of such an application as is mentioned in sub-paragraph (3B) above need not be sent to them, the duty imposed on the district planning authority by that sub-paragraph shall not extend to any application to which the direction relates.".

(2) The following paragraph shall be substituted for paragraph 19 of that Schedule (power of county planning authority to give directions as to determination of planning application where it appears to the authority that any proposals in the application would substantially and adversely affect their interests as local planning authority):-
"19.-(1) Subject to sub-paragraph (3) below, the district planning authority shall consult the county planning authority for their area before determining any application to which this sub-paragraph applies.

(2) Sub-paragraph (1) above applies to any application for planning permission for the carrying out -

(a) of any development of land which would materially conflict with or prejudice the implementation -
(i) of any policy or general proposal contained in a structure plan which has been approved by the Secretary of State;

(ii) of any policy or general proposal contained in a structure plan which has been submitted to the Secretary of State for approval;

(iii) of any proposal to include in a structure plan any matter to which the county planning authority have given publicity under section 8 (publicity in connection with preparation of structure plans) or under that section as applied by section 10 (alteration of structure plans);

(iv) of a fundamental provision of a development plan which bas been approved by the Secretary of State (whether under Part I of Schedule 5 or under any enactment replaced by that Part of that Schedule) so far as the development plan is in force in the district planning authority'S area;

(v) of any proposal contained in a local plan which has been prepared by the county planning authority (whether or not the plan has been adopted by the authority or approved, by the Secretary of State);


[page 77]

(vi) of any proposal to include in a local plan which the county planning authority are preparing any matter to which they have given publicity under section 12 (publicity in connection with preparation of local plans);

(vii) of any proposal to include in alterations which the county planning authority are proposing for a local plan any matter to which they have given publicity under the said section 12 as applied by section 15 (publicity in connection with alteration of local plans) ~

(b) of any development of land which would, by reason of its scale or nature or the location of the land, be of major importance for the implementation of a structure plan which has been approved by the Secretary of State;

(c) of any development of land in an area which the county planning authority have notified to the district planning authority, in writing, as an area in which development is likely to affect or be affected by the winning and working of minerals, other than coal;

(d) of any development of land which the county planning authority have notified the district planning authority, in writing, that they themselves propose to develop;

(e) of any development of land which would prejudice the carrying out of development proposed by the county planning authority and notified to the district planning authority under paragraph (d) above;

(f) of any development of land in England in respect of which the county planning authority have notified the district planning authority, in writing, that it is proposed that it shall be used for waste disposal;

(g) of any development of land which would prejudice a proposed use of land for waste disposal notified to the district planning authority under paragraph (f) above.

(3) The district planning authority may determine an application to which sub-paragraph (1) above applies without the consultation required by that sub-paragraph if the county planning authority have given them directions authorising them to do so.

[page 78]

(4) A direction under sub-paragraph (3) above may relate to a class of applications or to a particular application.

(5) Subject to sub-paragraph (6) below, where the district planning authority are required to consult the county planning authority before determining an application for planning permission -

(a) they shall give the county planning authority notice that they propose to consider the application and send them a copy of it; and

(b) they shall not determine it until the expiration of such period from the date of the notice as a development order may provide.

(6) A district planning authority may determine an application for planning permission before the expiration of such a period as is mentioned in sub-paragraph (5)(b) above -
(a) if they have received representations concerning the application from the county planning authority before the expiration of that period; or

(b) if the county planning authority have notified them that they do not wish to make representations.

(7) Where a district planning authority are required to consult the county planning authority before determining an application for planning permission, they shall in determining it take into account any representations relating to it which they have received from the county planning authority before the expiration of the period mentioned in sub-paragraph (5)(b) above.

(8) In this paragraph "development order" has the meaning assigned to it by section 24 of the Town and Country Planning Act 1971.".

1971 c. 78.

(3) It shall be the duty of a local planning authority when exercising their functions under section 29 of the Town and Country Planning Act 1971 (determination of applications) to seek the achievement of the general objectives of the structure plan for the time being in force for their area.

1972 c. 70.

(4) In paragraph 32 of Schedule 16 to the Local Government Act 1972 (definition of "county matter") -

(a) the following sub-paragraph shall be inserted after sub-paragraph (a) -
"(aa) the use of land, or the erection of any building, plant or machinery on land, for the carrying out of any process, for the preparation or adaptation for

[page 79]

sale of any mineral or the manufacture of any article from a mineral where -
(i) the land forms part of or adjoins a site used or proposed to be used for the winning and working of minerals; or

(ii) the mineral is, or is proposed to be, brought to the land from a site used, or proposed to be used, for the winning and working of minerals by means of a pipeline, conveyor belt, aerial ropeway, or similar plant or machinery, or by private road, private waterway or private railway;";

(b) the following sub-paragraphs shall be inserted after sub-paragraph (c):-

"(ca) the use of land for any purpose required in connection with the transport by rail or water of aggregates (that is to say, any of the following, namely -
(i) sand and gravel;

(ii) crushed rock;

(iii) artificial materials of appearance similar to sand, gravel or crushed rock and manufactured or otherwise derived from iron or steel slags, pulverised fuel ash, clay or mineral waste),

or the erection of any building, plant or machinery which it is proposed to use in connection therewith;

(cb) the erection of any building, plant or machinery which it is proposed to use for the coating of roadstone or the production of concrete or of concrete products or artificial aggregates, where the building, plant or machinery is to be erected in or on land which forms part of or adjoins a site used or proposed to be used -

(i) for the winning and working or minerals; or

(ii) for any of the purposes mentioned in sub-paragraph (ca) above;

(cc) the erection of any building, plant or machinery which it is proposed to use for the manufacture of cement;

(cd) the carrying out of operations in, on, over or under land, or a use of land, where the land is or forms part of a site used or formerly used for the winning and working of minerals and where the operations or use would conflict with or prejudice


[page 80]

compliance with any condition imposed on a planning permission requiring the restoration of the land when the winning and working of minerals has ceased;";
(c) sub-paragraph (d) (by virtue of which the carrying out of operations or a use of land is a county matter if it would conflict or be inconsistent with certain county plans and policies) shall cease to have effect.
(5) Nothing in the general transfer provisions shall prevent a county planning authority determining an application to which this subsection applies after the commencement date if it was made before that date.

1972 c. 70.

(6) Subsection (5) above applies to any application which relates to a transferred matter and which is of a description mentioned in paragraph 15 (1)(a), (b) or (c) of Schedule 16 to the Local Government Act 1972.

1971 c. 78.

(7) The following paragraphs shall be inserted after paragraph 7 of Schedule 3 to the Town and Country Planning Act 1971 (reference of applications for planning permission to Secretary of State and Greater London Council):-

"7A. Where the Secretary of State provides by regulations under paragraph 7 above that particular applications for planning permission or a particular class of such applications shall be referred to him or to the Greater London Council, the regulations may provide that applications satisfying such conditions as may be specified in the regulations need not be so referred.

Requirement of consultation between Greater London Council and London borough councils with regard to certain applications

7B.-(1) Where a development order requires the council of a London borough to consult the Greater London Council before determining any application for planning permission belonging to a particular class of applications specified in the order, the council of a borough may determine an application falling within that class without the consultation required by the order if the Greater London Council have given them directions authorising them to do so.

(2) A direction under sub-paragraph (1) of this paragraph may relate to a class of applications or to a particular application.

(3) Subject to sub-paragraph (4) of this paragraph, where the council of a London borough are required to consult


[page 81]

the Greater London Council before determining an application for planning permission -
(a) they shall give the Greater London Council notice that they propose to consider the application and send them a copy of it; and

(b) they shall not determine it until the expiration of such period from the date of the notice as a development order may provide.

(4) The council of a London borough may determine an application for planning permission before the expiration of such a period as is mentioned in sub-paragraph (3)(b) of this paragraph-
(a) if they have received representations concerning the application from the Greater London Council before the expiration of that period; or

(b) if the Greater London Council have notified them that they do not wish to make representations.

(5) Where the council of a London borough are required to consult the Greater London Council before determining an application for planning permission, they shall in determining it take into account any representations relating to it which they have received from the Greater London Council before the expiration of the period mentioned in sub-paragraph (3)(b) of this paragraph.".
(8) Subject to subsection (10) below, the provisions to which this subsection applies shall come into operation on the commencement date.

(9) The provisions to which subsection (8) above applies are -

(a) the general transfer provisions;

(b) the Greater London provisions; and

(c) paragraph 4 of Schedule 15 below.

(10) A development order required to be made for the purposes of any of the provisions to which subsection (8) above applies may be made before the commencement date.

(11) In this section -

"the commencement date" means the date on which there expires the period of two months beginning with the day on which this Act is passed;

"the general transfer provisions" means -

(a) subsections (1) to (4) above; and

(b) paragraphs 12. 13, 15. 16 and 20 of Schedule 15 below;


[page 82]

"the Greater London provisions" means -
(a) subsection (7) above; and

(b) paragraph 24 of Schedule 15 below; and

"transferred matter" means a matter which before the commencement date is a county matter, as defined in paragraph 32 of Schedule 16 to the Local Government Act 1972, but which ceases to be a county matter in consequence of the provisions of this Part of this Act.
Planning fees

Fees for planning applications etc.

87.-(1) The Secretary of State may by regulations make such provision as he thinks fit for the payment of a fee of the prescribed amount to a local planning authority in England or Wales or a planning authority in Scotland in respect of an application made to them under the planning enactments for any permission, consent, approval, determination or certificate.

(2) Regulations under subsection (1) above may provide for the transfer -

(a) of prescribed fees received in respect of any description of application by an authority in England or Wales to whom applications fall to be made to any other authority by whom applications of that description fall to be dealt with;
1973 c. 65.
(b) of prescribed fees received in respect of any application or class of applications by a district planning authority in Scotland to a regional planning authority where the regional planning authority have exercised the powers conferred upon them by section 179(1) of the Local Government (Scotland) Act 1973.
(3) The Secretary of State may by regulations make such provision as he thinks fit for the payment to him of a fee of the prescribed amount in respect of an application for planning permission which is deemed to be made to him under the planning enactments.

(4) Regulations under subsection (1) or (3) above may provide for the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances.

(5) Regulations under subsection (1) or (3) of this section shall be made by statutory instrument.

(6) No such regulations shall be made unless a draft 0[ the regulations has been laid before and approved by resolution of each House of Parliament.

(7) Any sum paid to the Secretary of State under this section shall be paid into the Consolidated Fund.


[page 83]

(8) In this section "the planning enactments" means -

1971 c. 78.

(a) in England and Wales, the Town and Country Planning Act 1971 and orders and regulations made under it; and
1972 c. 52.
(b) in Scotland, the Town and Country Planning (Scotland) Act 1972 and orders and regulations made under it,
and "prescribed" means prescribed by regulations under subsection (1) or (3) of this section.

Surveys and structure plans and local plans

Local plans - expedited procedure.

88.-(1) The following sections shall be inserted after section 15 of the Town and Country Planning Act 1971:-

Local plans - expedited procedure.

15A.-(1) Where -

(a) a local planning authority have prepared a local plan; and

(b) the Secretary of State gives them a direction authorising them to take such steps preliminary to its adoption as are mentioned in section 12(2) of this Act; and

(c) at the time when he gives them that direction he has not approved the structure plan so far as it relates to the area of the local plan,

they may take those steps and adopt the local plan, whether or not the Secretary of State approves the structure plan first.

(2) Where -

(a) a local planning authority have prepared proposals for the repeal of a local plan and its replacement with a new local plan; and

(b) the Secretary of State gives them a direction authorising them to take such steps preliminary to its repeal and replacement as are mentioned in section 12(2) of this Act; and

(c) at the time when he gives them that direction he has not approved the structure plan so far as it relates to the area of the new local plan,

they may take those steps and repeal the existing plan and adopt the new one, whether or not the Secretary of State approves the structure plan first.

[page 84]

(3) Where -
(a) a local planning authority have prepared proposals -
(i) for the alteration of a local plan; or

(ii) for the repeal of a local plan without its replacement with a new plan; and

(b) the Secretary of State gives them a direction authorising them to take such steps preliminary to the alteration or, as the case may be, the repeal of the local plan as are mentioned in section 12(2) of this Act; and

(c) at the time when he gives them that direction he has not approved the structure plan so far as it relates to the area of the local plan,

they may take those steps and adopt the proposals, whether or not the Secretary of State approves the structure plan first.

(4) The powers conferred by subsections (1) to (3) of this section may be exercised by a district planning authority notwithstanding that they have not obtained a certificate under section 14(5) or (7) of this Act, but subject to the other provisions of that section and to the provisions of sections 12 and 13 of this Act.

(5) Before adopting -

(a) a local plan; or

(b) proposals for the repeal or alteration of a local plan,

in exercise of the powers conferred on them by this section, a local planning authority shall make such modifications to the plan (if any) as may be necessary to make it conform generally to the structure plan as it stands for the time being.

(6) Where this section applies, if the Secretary of State has approved the structure plan so far as it relates to the area of the local plan, but proposals for its alteration, repeal or replacement, so far as it relates to that area, have been prepared and submitted to the Secretary of State, he may direct that such of the provisions of this Act mentioned in subsection (4) of this section as are applicable shall have effect as respects the local planning authority's


[page 85]

exercise of their powers under this section as if the proposals for alteration, repeal or replacement of the structure plan had been approved by him.

(7) The provisions of this Act mentioned in subsection (3) above are -

(a) section 11(9);

(b) paragraph 11(4)(a) of Schedule 4; and

(c) section 14(2) and (5) to (7).

(8) If the Secretary of State thinks fit, a direction under subsection (6) of this section may specify modifications which the local planning authority are to make to a local plan or to proposals for the alteration, repeal or replacement of such a plan before adopting the plan or the proposals, for the purpose of bringing the local plan into general conformity with the structure plan as it will be after alteration, or, if the structure plan is to be repealed and replaced, for the purpose of bringing the local plan into general conformity with the new structure plan as it stands for the time being.

(9) Before giving a direction under this section, the Secretary of State shall consult -

(a) every county planning authority and district planning authority whose area includes any land to which the local plan relates; or

(b) if the land to which the local plan relates is in Greater London, the Greater London Council and every London borough council in whose area the land is situated.

Conformity between plans - supplementary.

15B.-(1) It shall be the duty of a county planning authority -

(a) on the approval of a structure plan, to consider whether any local plan which has been adopted for part of the area to which the structure plan relates, or which has been approved by the Secretary of State for part of that area, conforms generally to the structure plan; and

(b) on the approval of proposals for the alteration of a structure plan, to consider whether any local plan which has been adopted for an area affected by the alterations, or which has been approved by the Secretary of State for such an area, conforms generally to the structure plan as altered.


[page 86]

(2) Not later than the expiration of the period of one month from the date on which the county planning authority receive notice of the Secretary of State's approval of a structure plan they shall send -
(a) to the Secretary of State; and

(b) to every district planning authority who prepared for any part of the area to which the structure plan relates a local plan which has been adopted or which has been approved by the Secretary of State,

a copy -
(i) of a list specifying every such local plan as is mentioned in subsection (1)(a) of this section which they certify to conform generally to the structure plan; and

(ii) of a list specifying every such plan which in their opinion does not so conform.

(3) Not later than the expiration of the period of one month from the date on which the county planning authority receive notice of the Secretary of State's approval of proposals for the alteration of a structure plan, they shall send -
(a) to the Secretary of State; and

(b) to every district planning authority who prepared a local plan which has been adopted or which has been approved by the Secretary of State and which is for an area which will be affected by the alterations,

a copy -
(i) of a list specifying every such local plan as is mentioned in subsection (1)(b) of this section which they certify to conform generally to the structure plan as, altered; and

(ii) of a list specifying every such plan which in their opinion does not so conform.".

(2) Accordingly -
(a) in subsection (2) of section 12 of that Act (publicity in connection with preparation of local plans), after the word "and", in the first place where it occurs, there shall be inserted the words ", subject to section 15A of this Act,"; and

[page 87]

(b) in subsection (2) of section 14 (adoption and approval of local plans) and in subsection (3) of section 15 (which applies certain provisions in relation to the making of proposals for the alteration of local plans· and to alterations so proposed), for the word" The", in the first place where it occurs in each subsection, there shall be substituted the words" Subject to section 15A of this Act, the".
1978 c. 50. 1971 c. 78.

(3) Section 12 of the Inner Urban Areas Act 1978 (which is superseded by the first of the sections inserted in the Town and Country Planning Act 1971 by this section) shall cease to have effect, but its repeal shall not affect any direction given under it before the passing of this Act.

Additional amendments relating to surveys and plans.

89. The amendments relating to surveys and plans contained in Schedule 14 to this Act shall have effect.

General planning amendments

Planning - general.

90. The further amendments relating to planning contained in Schedule 15 to this Act shall have effect.

Compulsory acquisition

Amendments relating to compulsory acquisition. 1971 c. 78

91.-(1) The following subsections shall be substituted for section 112(1) of the Town and Country Planning Act 1971 (compulsory acquisition by local authority of land for development etc.) -

"(1) A local authority to whom this section applies shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily -
(a) any land which is in their area and which is suitable for and is required in order to secure the carrying out of one or more of the following activities, namely, development, re-development and improvement;

(b) any land which is in their area and which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

(1A) A local authority and the Secretary of State in considering for the purposes of subsection (1)(a) above whether land is suitable for development, re-development or improvement shall have regard -
(a) to the provisions of the development plan, so far as material;

(b) to whether planning permission for any development on the land is in force; and


[page 88]

(c) to any other considerations which, on an application for planning permission for development on the land, would be material for the purpose of determining that application.
(1B) Where a local authority exercise their power under subsection (1) of this section in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily -
(a) any land adjoining that land which is required for the purpose of executing works for facilitating its development or use; or

(b) where that land forms part of a common or open space or fuel or field garden allotment, any land which is required for the purpose of being given in exchange for the land which is being acquired.

(1C) It is immaterial by whom the local authority propose that any activity or purpose mentioned in subsection (1) or (1B)(a) of this section should be undertaken or achieved (and in particular the local authority need not propose to undertake an activity or to achieve that purpose themselves).".
1971 c. 78.

(2) Where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act, sections 112 and 119 of the Town and Country Planning Act 1971 shall apply as they applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

Amendments of Town and Country Planning (Scotland) Act 1972

Town and Country Planning - Scotland. 1972 c. 52.

92.-(1) In section 24 of the Town and Country Planning (Scotland) Act 1972 (notification of applications to owners and agricultural tenants) the following paragraph shall be inserted in place of paragraph (a) of subsection (1):-

"(a) a certificate stating that at the beginning of a period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates;".
(2) In subsection (7) of the said section 24 (definition of " owner") for the words from " entitled " to " in the land " there shall be substituted the words "who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of the undertaking and any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than seven years ".


[page 89]

(3) Subsections (1) and (2) above shall not apply to an application for planning permission made before the commencement of this Act.

1972 c. 52.

(4) The following subsections shall be substituted for section 102(1) of the Town and Country Planning (Scotland) Act 1972 (compulsory acquisition by local authorities of land for development etc.):-

"(1) A local authority to whom this subsection applies shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily -
(a) any land within their area which is suitable for and is required in order to secure the carrying out of one or more of the following activities, namely, development, redevelopment and improvement;

(b) any land which is in their area and which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

(1A) A local authority and the Secretary of State in considering for the purposes of subsection (1)(a) above whether land is suitable for development, re-development or improvement shall have regard -
(a) to the provisions of the development plan, so far as material;

(b) to whether planning permission for any development on the land is in force; and

(c) to any other consideration which, on an application for planning permission for development on the land, would be material for the purpose of determining that application.

(1B) Where a local authority exercise their powers under subsection (1) above in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily -
(a) any land adjoining that land which is required for the purposes of executing works for facilitating its development or use; or

(b) where the land forms part of a common or open space, any land which is required for the purpose of being given in exchange for the land which is being acquired.

(1C) It is immaterial by whom the local authority propose any activity or purpose mentioned in subsection (1) or (lB)(a) above is to be undertaken or achieved (and in particular the local authority need not propose to undertake that activity or achieve that purpose themselves).".

[page 90]

1972 c. 52.

(5) Where a compulsory purchase order has been made or missives have been entered into for the acquisition of land before the passing of this Act, sections 102 and 109 of the Town and Country Planning (Scotland) Act 1972 shall continue to apply as they applied immediately before the passing of this Act which shall for this purpose be treated as not having been passed.

(6) In section 113(6) of that Act after the words "section 102 (1) (a)", the words "to (c)" shall be omitted.

(7) In section 183(2)(d) of that Act (grounds of objection to blight notice) after the word "that" (where it first appears) there shall be inserted the words "(in the case of land falling within paragraph (a) or (c) but not (e), (j) or (h) of section 181(1) of this Act)" and for "ten" there shall be substituted "fifteen".

(8) Subsection (7) above does not apply to a counter notice served under the said section 183 before the passing of this Act.

(9) Section 87 above extends to Scotland, and this section extends to Scotland only but, subject to that, this Part of this Act does not extend to Scotland.

PART X

LAND HELD BY PUBLIC BODIES

Public bodies to whom Part X applies.

93.-(1) This Part of this Act applies to any body for the time being specified in Schedule 16 to this Act.

(2) The Secretary of State may by order made by statutory instrument amend Schedule 16 to this Act -

(a) by adding an entry naming a public body not for the time being specified in the Schedule;

(b) by amending or deleting any entry for the time being contained in the Schedule.

(3) A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Before making an order under subsection (2) above, the Secretary of State shall send written notification that he proposes to make the order to any body to whom this Part of this Act would apply by virtue of the order.

(5) Any body specified in a notification under subsection (4) above may make representations to the Secretary of State within a period of 42 days from the date of the notification.

(6) Where the Secretary of State has sent a notification under subsection (4) above to a body, he may not make the order to which the notification relates until the expiration of the period specified in subsection (5) above.


[page 91]

Areas in which Part X is to operate.

94.-(1) This Part of this Act shall come into operation in accordance with subsection (2) below.

(2) The Secretary of State may by order made by statutory instrument direct that this Part of this Act shall come into operation in the area of any district council or London borough council specified in the order.

(3) A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The City of London shall be treated for the purposes of this section as if it were a London borough and as if the Common Council were the council of that borough.

Registration of land holdings.

95.-(1) The Secretary of State may compile and maintain a register, in such form as he may think fit, of land which satisfies the conditions specified in subsection (2) below.

(2) The conditions mentioned in subsection (1) above are -

(a) that a freehold or leasehold interest in the land is owned by a body to which this Part of this Act applies or a subsidiary of such a body;

(b) that it is situated in an area in relation to which this Part of this Act is in operation or is not so situated but adjoins other land which is so situated and in which a freehold or leasehold interest is owned by a body to which this Part of this Act applies or a subsidiary of such a body; and

(c) that in the opinion of the Secretary of State the land is not being used or not being sufficiently used for the purposes of the performance of the body's functions or of carrying on their undertaking.

(3) The Secretary of State may enter on the register any such land satisfying the conditions specified in subsection (2) above as he may think fit.

(4) The Secretary of State may also enter on the register any Crown land situated in an area in relation to which this Part of this Act is in operation or not so situated but adjoining other Crown land which is so situated.

(5) The information to be included in the register in relation to any land entered on it shall be such as the Secretary of State thinks fit.

(6) In this section "Crown land" means land belonging to a government department or to a body who perform their functions on behalf of the Crown or held on trust for Her Majesty


[page 92]

for the purposes of a government department; and in this subsection "government department" includes any Minister of the Crown.

Public access to information.

96.-(1) The Secretary of State shall send to a council in respect of whose area a register is maintained under section 95 above -

(a) a copy of that register; and

(b) such amendments to it as he may from time to time consider appropriate.

(2) It shall be the duty of a council to whom amendments to a register are sent under subsection (1)(b) above to incorporate the amendments in their copy of the register.

(3) A copy of a register sent to a council under this section shall be available at the council's principal office for inspection by any member of the public at all reasonable hours.

(4) If any member of the public requires a council to supply him with a copy of any information contained in such a copy of a register, the council shall supply him with a copy of that information on payment of such reasonable charge for making it as the council may determine.

Power of Secretary of State to require information.

97. If it appears to the Secretary of State possible that a body to whom this Part of this Act applies or a subsidiary of such a body may hold a freehold or leasehold interest in land -

(a) which is situated in an area in relation to which this Part of this Act is in operation; or

(b) which is not so situated but adjoins other land which is so situated and in which it appears to the Secretary of State that such an interest is held by the body or by one of their subsidiaries.

he may direct the body to give him such information as he may specify as to whether such an interest is held by them or by any of their subsidiaries and such information as he may specify about any land in which such an interest is so held.

Disposal of land at direction of Secretary of State.

98.-(1) The Secretary of State may direct a body to whom this Part of this Act for the time being applies -

(a) to take steps for the disposal of the interest held by them in any land which is for the time being entered on a register maintained by him under section 95 above or any lesser interest in such land; or

(b) to ensure that a subsidiary of theirs takes steps for the disposal of the interest held by the subsidiary in any land which is for the time being entered on such a register or any lesser interest in such land,


[page 93]

being, in either case, steps which it is necessary to take to dispose of the interest and which it is in their power to take.

(2) A direction under this section may specify the steps to be taken for the disposal of an interest in land and the terms and conditions on which an offer to dispose of it is to be made.

(3) A direction under this section may be varied or revoked by a further direction.

(4) The power to give directions conferred by this section is in addition to and not in derogation from any such power conferred by any other enactment.

(5) In this section and section 99 below references to the disposal of an interest in land include references to the grant of an interest in land.

Directions to dispose of land - supplementary.

99.-(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) If -

(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;

1965 c. 59.
(e) the Commission for the New Towns, a development corporation established under the 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


[page 94]

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" -

1971 c. 78.

(a) in relation to any body who are statutory undertakers for the purposes of any provision of Part XI of the 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.

Interpretation and extent of Part X.

100.-(1) In this Part of this Act -

"subsidiary", in relation to a body to whom this Part of this Act applies, means a wholly-owned subsidiary of that body; and
1948 c. 38.
"wholly-owned subsidiary" has the meaning assigned to it by section 150(4) of the Companies Act 1948.
(2) This Part of this Act extends to England and Wales only.

PART XI

COMMUNITY LAND ACT

Repeal. 1975 c. 77

101.-(1) The Community Land Act 1975 shall cease to have effect in accordance with Schedule 17 below.

(2) This section and Schedule 17 below shall not extend to Northern Ireland (except so far as they repeal any enactment so extending).

PART XII

THE LAND AUTHORITY FOR WALES

The Authority

The Authority.

102.-(1) There shall continue to be a Land Authority for Wales.


[page 95]

1975 c. 77.

(2) On the passing of this Act, the provisions of this Part of this Act shall apply to the Authority and, subject to those provisions, the Community Land Act 1975 shall cease to apply to the Authority.

(3) Schedule 18 below shall have effect with respect to the Authority.

(4) The Authority shall comply with any directions the Secretary of State may give requiring it to do one or both of the following:-

(a) perform its functions in particular circumstances (whether or not the circumstances have arisen at the time of the direction);

(b) perform its functions in a particular way.

(5) The Authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and its property shall not be regarded as property of, or property held on behalf of, the Crown.

Functions

The Authority's functions.

103.-(1) The Authority shall have the function of acquiring land in Wales which in its opinion needs to be made available for development, and of disposing of it to other persons (for development by them) at a time which is in the Authority's opinion appropriate to meet the need.

(2) Before it acquires the land, the Authority shall -

(a) consider whether the land would or would not in its opinion be made available for development if the Authority did not act,

(b) consider the fact that planning permission has or has not been granted in respect of the land or is likely or unlikely to be granted,

(c) (in a case where no planning permission has been granted in respect of the land) consult county and district councils in whose area the land is situated and consider their views,

(d) consider the needs of those engaged in building, agriculture and forestry and of the community in general.

(3) Where the Authority acquires land, then, before it is disposed of -
(a) the Authority may (with the Secretary of State's consent) execute works in respect of the land where it is of opinion that it is expedient to do so with a view to the subsequent disposal of the land to other persons for development by them, and

[page 96]

(b) the Authority shall manage and turn to account the land pending its disposal to other persons for development by them.
(4) The works mentioned in subsection (3) above include engineering works and works for the installation of roads, drains, sewers, gas supplies and electricity supplies, but do not include works consisting of the erection of buildings.

(5) If requested to do so by a public authority (within the meaning of Schedule 19 below) the Authority may advise the authority about disposing of any of the authority's land in Wales to other persons (for development by them), and may assist the authority to dispose of the land.

(6) The Authority may assist county and district councils in Wales in any assessment such a council makes of land which is in its area and which is in its opinion available and suitable for development.

(7) The Authority may charge a reasonable fee for any advice or assistance under subsection (5) or (6) above.

(8) A county or district council in Wales shall have power to enter into, and carry out, an agreement with the Authority whereby the council will, as agents of the Authority, perform any service or execute any works which the Authority could perform or execute by virtue of this Act.

(9) The Authority shall, without prejudice to its powers apart from this subsection, have power to do anything to facilitate, or anything which is conducive or incidental to, the performance of any of the Authority's functions.

Acquisition of land

Power of acquisition.

104.-(1) The Authority -

(a) shall have power to acquire by agreement, or

(b) on being authorised to do so by the Secretary of State shall have power to acquire compulsorily,

any land which, in the Authority's opinion, is suitable for development.

(2) Where the Authority exercises or has exercised its powers under subsection (1) above in relation to any land, it shall have power to acquire by agreement or on being authorised to do so by the Secretary of State shall have power to acquire compulsorily -

(a) any land adjoining that land which is required for the purpose of executing works for facilitating its development or use;

[page 97]

(b) where that land forms part of a common or open space or fuel or field garden allotment, any land which is required for the purpose of being given in exchange therefor;

(c) new rights over land (that is, rights not previously in existence) required for the purpose of exercising the Authority's functions.

(3) The 1946 Act shall apply in relation to the compulsory acquisition of land in pursuance of this section as if -
(a) this section were contained in an Act in force immediately before the commencement of that Act;

(b) the Authority were a local authority.

(4) Schedule 20 below, in which -
(a) Part I modifies the 1946 Act as applied by subsection (3) above.

(b) Part II deals with the acquisition of land by agreement, and

(c) Part III contains supplemental provisions as respects land acquired under this section,

shall have effect.

Requisitioning of sewers. 1973 c. 37.

105. In section 16 of the Water Act 1973 (water authority's duty to provide sewer) -

(a) at the end of subsection (1)(b) there shall be added "or
(bb) if -
(i) the Land Authority for Wales are the owners of the premises at the relevant time; and

(ii) the Land Authority require the authority to provide a public sewer for the drainage of new buildings proposed to be erected on the premises by any person; and

(iii) the conditions mentioned in subsection (3) below (as modified by subsection (3A) below): are satisfied; or";

(b) in subsection (3), after the words "paragraph (b)" there shall be inserted the words "or, subject to subsection (3A) below, paragraph (bb)";

(c) the following subsection shall be inserted after that subsection:-

"(3A) Where the Land Authority for Wales are the owners of the premises at the relevant time,' subsection (3)(a) above shall have effect as if the

[page 98]

words "or by any other person" were inserted after the word "owners", in the second place where it occurs."; and
(d) at the end of subsection (11) there shall be added "and "relevant time" in relation to land owned by the Land Authority for Wales, means the time when the Land Authority require the water authority to provide a public sewer as mentioned in subsection (1)(bb) above.".

Miscellaneous

Further provisions.

106. The further provisions contained in Schedule 21 below (provisions about finance, accounts, records, information, etc. in relation to the Authority) shall have effect.

Financial provisions.

107.-(1) Any expenses of the Secretary of State under this Part of this Act shall be paid out of money provided by Parliament.

(2) Any sum paid to the Secretary of State under this Part of this Act shall except as otherwise expressly provided, be paid into the Consolidated Fund.

Interpretation: statutory undertakers etc.

108.-(1) In this Part of this Act, unless the context otherwise requires, "statutory undertakers" means -

(a) persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water.

(b) the British Airports Authority, the Civil Aviation Authority, the National Coal Board, the Post Office and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of the 1971 Act, and

(c) any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph,

and "statutory undertaking" shall be construed accordingly.

(2) In this Part of this Act the expression "the appropriate Minister", and any reference to the Secretary of State and the appropriate Minister -

(a) in relation to any statutory undertakers who are also statutory undertakers for the purposes of any provision of Part XI of the 1971 Act, shall have the same meanings as in the said Part XI, and

[page 99]

(b) in relation to any other statutory undertakers, shall have the meanings given by an order made by the Secretary of State under this subsection.
(3) If, in relation to anything required or authorised to be done under this Part of this Act, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(4) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation: general.

109. In this Part of this Act, unless the context otherwise requires, the following expressions have the following meanings:-

"agriculture" has the meaning assigned to it by section 290 of the 1971 Act;

"the Authority" means the Land Authority for Wales;

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

"development" has the meaning assigned to it by section 22 of the 1971 Act and cognate expressions shall be construed accordingly;

"disposing" includes disposing by sale, exchange or lease and, in the case of a lease, by grant or assignment, and cognate expressions shall be construed accordingly;

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

"land" means any corporeal hereditament, including a building and includes an interest in or right over land;

"lease" includes an underlease or sublease and an agreement for a lease, underlease or sublease, but does not include an option to take a lease or a mortgage;

1946 c. 49.
"the 1946 Act" means the Acquisition of Land (Authorisation Procedure) Act 1946;
1971 c. 78.
"the 1971 Act" means the Town and Country Planning Act 1971;
1975 c. 77.
"the 1975 Act" means the Community Land Act 1975;

"open space" means any land laid out as a public garden or used for the purposes of public recreation, or land which is a disused burial ground.

Supplementary.

110. The supplementary provisions (including savings and transitional provisions) in Schedule 22 below shall have effect.


[page 100]

111. This Part of this Act (except paragraph 15 of Schedule 22) does not extend to Scotland or Northern Ireland.

PART XIII

LAND COMPENSATION

Claims for compensation for depreciation.

112.-(1) Part I of the Act of 1973 and Part I of the Scottish Act of 1973 shall be amended as follows.

(2) In section 3 (2) of each Act (no claim under Part I shall be made otherwise than in the claim period, that is to say, the period of two years beginning on the expiration of twelve months from the relevant date) for the words from "otherwise than" onwards there shall be substituted the words "before the expiration of twelve months from the relevant date; and the day next following the expiration of the said twelve months is in this Part of this Act referred to as 'the first claim day'.".

(3) In section 1(1)(b) of each Act for the words "within the time limited" there shall be substituted the words "after the time provided".

(4) In sections 3(3), 4(1) and (2), 12(4) and (5), 16(2) and 18(1) of the Act of 1973 and sections 3(3), 4(1) and (2), 14(2) and 16 of the Scottish Act of 1973 for the words "the beginning of the claim period" or "the first day of the claim period", wherever they occur, there shall be substituted the words "the first claim day" and in section 16(2) of the Act of 1973 and section 14(2) of the Scottish Act of 1973 for the words "the beginning of that period" there shall be substituted the words "that day".

(5) In section 19(1) of the Act of 1973 and section 17 (1) of the Scottish Act of 1973 the definition of "the claim period" shall be omitted and immediately before the definition of "highway" there shall be inserted the following definition -

"'the first claim day' has the meaning given in section 3(2) above;".
(6) After section 19(2) of the Act of 1973 there shall be inserted the following subsection -
"(2A) For the purposes of the Limitation Act 1939, a person's right of action to recover compensation under this Part of this Act shall be deemed to have accrued on the first claim day.".
(7) After section 17(2) of the Scottish Act of 1973 there shall be inserted the following subsection -
"(2A) Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make

[page 101]

compensation under this Part of this Act, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the first claim day.".
(8) In section 19(3) of the Act of 1973 and section 17(3) of the Scottish Act of 1973 the words from "but, if it does" onwards shall be omitted.

(9) Part I of each Act shall have effect without the amendments made by the preceding provisions of this section in cases where the relevant date was more than three years before the passing of this Act.

Claims for compensation for depreciation which are out of time on commencement date.

113.-(1) This section applies to any claim which is made under Part I of the Land Compensation Act on or after the commencement date where -

(a) the claim period for the claim has expired, or an event before which the claim should have been made has occurred, before that date; and

(b) the public works to which the claim relates are a highway in respect of which the Minister or, in England, the Secretary of State was the appropriate highway authority; and

(c) the Minister is satisfied that the publicity given to the right to claim compensation in respect of those works and to the period within which and the events before which claims should be made was not such as to make potential claimants sufficiently aware of those matters.

(2) Where the claim period for a claim to which this section applies has expired before the commencement date, the Minister shall direct that Part I of the Land Compensation Act shall have effect -
(a) as if the claim had been made on the first day of the last twelve months of that period; and

(b) where the claimant's qualifying interest was acquired as mentioned in section 11 of the Land Compensation Act (interests acquired by inheritance) on or after that day, as if it had been so acquired before that day.

(3) Where the person who makes a claim to which this section applies has on or after 23rd June 1973 and before the commencement date -
(a) disposed of the qualifying interest in respect of which the claim is made; or

(b) in the case of a qualifying interest in land which is not a dwelling, granted a tenancy of the land so that the interest remaining to him is not a qualifying interest; or


[page 102]

1967 c. 88.

(c) in the case of a qualifying interest which is a qualifying tenancy within the meaning of section 12 of the Act of 1973, disposed of the freehold or extended lease acquired by him under Part I of the Leasehold Reform Act 1967,
the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on the day before the disposal or, as the case may be, the granting of the tenancy.

(4) Where the person who makes a claim to which this section applies has on or after 17th October 1972 and before 23rd June 1973 -

(a) disposed of the qualifying interest in respect of which the claim is made; or

(b) in the case of a qualifying interest in land which is not a dwelling, granted a tenancy of the land so that the interest remaining to him is not a qualifying interest,

the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on 23rd December 1973.

(5) Where the qualifying interest in respect of which a claim to which this section applies is made is a tenancy granted or extended for a term of years certain or, in Scotland, for a period of which -

(a) three years or more remained unexpired on the first day of the claim period or, as the case may be, the first claim day; and

(b) less than three years remains unexpired on the commencement date,

the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on the day on which three years of that term or period remained unexpired.

(6) In the case of a claim to which both subsection (2) and subsection (3) or subsection (5) above apply, the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on whichever of the days mentioned in those two subsections is the earlier.

(7) Any notice of a claim to which subsection (3), (4) or (5) above applies shall specify, in addition to the matters mentioned in section 3 of the Land Compensation Act, the date of the disposal, the date of the granting of the tenancy or, as the case may be, the date on which three years of the term or period remained unexpired.


[page 103]

(8) Section 8(1) of the Land Compensation Act (compensation payable once only in respect of the same works and the same land) shall have effect in relation to any claim to which this section applies as if any ex gratia payment made by the Minister or, as the case may be, the Secretary of State in respect of a claim which -

(a) was made before the commencement date in relation to the same works and the same land; and

(b) was disallowed on the ground that the claim period for the claim had expired, or an event before which the claim should have been made had occurred, before the day on which the claim was made,

had been a payment of compensation on that claim.

(9) Where compensation is payable on a claim to which this section applies, the compensation shall not carry interest under section 18(1) of the Act of 1973 or, as the case may be, section 16 of the Scottish Act of 1973 for the period beginning with the commencement date and ending with the date on which the claim is made unless either that period is a period of not more than six months or -

(a) the claimant had made a similar claim before the commencement date; and

(b) that claim was disallowed on the ground that the claim period for the claim had expired, or an event before which the claim should have been made had occurred, before the day on which the claim was made.

1939 c. 21.

(10) For the purposes of the Limitation Act 1939, a person's right of action to recover compensation under Part I of the Act of 1973 on a claim to which this section applies shall be deemed to have accrued on the commencement date, and not, in any case to which section 19(2A) of the Act of 1973 applies, the first claim day.

1973 c. 52.

(11) Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make compensation under Part I of the Scottish Act of 1973 arising on a claim to which this section applies, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the commencement date, and not, in any case to which section 17(2A) of the said Scottish Act of 1973 applies, the first claim day.

(12) In this section -

"commencement date" means the date of the passing of this Act;

[page 104]

"the Minister" means the Minister of Transport in relation to England and the Secretary of State in relation to Scotland and Wales.
(3) This section -
(a) in its application to England and Wales, shall be construed as one with Part I of the Act of 1973; and

(b) in its application to Scotland, shall be construed as one with Part I of the Scottish Act of 1973.

Claims for home loss payments.

114.-(1) Section 32 of the Act of 1973 and section 29 of the Scottish Act of 1973 (home loss payments) shall be amended as follows.

(2) In subsection (1) of each section (no home loss payment shall be made except on a claim made before the expiration of six months beginning with the date of displacement) for the words from the beginning to "displacement" there shall be substituted the words "No home loss payment shall be made except on a claim in that behalf made by the person entitled thereto ('the claimant')".

(3) In subsection (4) of each section for the words from the beginning to "expiration of that period" there shall be substituted the words "Where a person ('the deceased') entitled to a home loss payment dies without having claimed it, a claim to the payment may be made".

(4) After subsection (7) of the said section 32 there shall be inserted the following subsection -

"(7A) For the purposes of the Limitation Act 1939 a person's right of action to recover a home loss payment shall be deemed to have accrued on the date of displacement.".
(5) After subsection (7) of the said section 29 there shall be inserted the following subsection -
" (7A) Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make a home loss payment, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the date of displacement.".
(6) Each section shall have effect without the amendments made by the preceding provisions of this section in cases where the date of displacement was more than six months before the passing of this Act.


[page 105]

Interpretation of Part XIII.

115. In this Part of this Act -

1973 c. 26.

"the Act of 1973" means the Land Compensation Act 1973;
1973 c. 56.
"the Scottish Act of 1973" means the Land Compensation (Scotland) Act 1973;

"the Land Compensation Act" means the Act of 1973 in relation to England and Wales and the Scottish Act of 1973 in relation to Scotland.


PART XIV

LAND - MISCELLANEOUS

Development land

Assessment of development land.

116.-(1) If the Secretary of State directs an authority to do so, it shall make an assessment of land which is in its area and which is in its opinion available and suitable for development for residential purposes.

(2) In connection with any assessment under subsection (1) above, the authority shall comply with such directions as the Secretary of State may give.

(3) In particular, he may give directions about any consultations to be made prior to the assessment (whether with other authorities or with builders or developers or other persons), about the way any consultation is to be made, and about producing reports of assessments and making copies of the reports available to the public, and directions that an authority is to make the assessment alone or jointly with another authority or authorities.

(4) The following are authorities for the purposes of this section, namely -

(a) (in the application of the section to England and Wales) the councils of counties, districts and London boroughs and the Greater London Council;

(b) (in the application of the section to Scotland) regional, general and district planning authorities.

Derelict land

Extension of powers to make grants for reclamation of land.

117.-(1) The following subsections shall be substituted for subsection (1) of section 9 of the Local Government Act 1966 (grants for reclamation of derelict land):-

"(1) Subject to the provisions of this section, the Secretary of State may, with the consent of the Treasury, pay to any person out of money provided by Parliament grants of such amounts and payable at such times and subject to such

[page 106]

conditions as he may from time to time determine in respect of relevant expenditure which is incurred by that person on land to which this subsection applies.

(1A) The land to which subsection (1) above applies is land -

(a) which is derelict, neglected or unsightly land requiring reclamation or improvement; or

(b) which is required for purposes connected with the reclamation or improvement of land such as is mentioned in paragraph (a) above.

(1B) In subsection (1) above "relevant expenditure" means expenditure incurred -
(a) in or in connection with the carrying out after the passing of the Local Government, Planning and Land Act 1980 of works approved by the Secretary of State for the reclamation or improvement of the land; or

(b) in or in connection with the carrying out of any such works as appear to the Secretary of State to be expedient for the purpose of enabling the land to be brought into use.

(1C) If subsection (1) above applies to land by virtue of subsection (1A)(a) above, "relevant expenditure" also includes expenditure incurred in or in connection with carrying out a survey of the land, with the approval of the Secretary of State, for the purpose of determining whether any works for its reclamation or improvement or for the purpose of enabling it to be brought into use should be undertaken (whether or not such works are carried out).

(1D) In relation to a local authority -

(a) the land to which subsection (1) above applies includes, in addition to land such as is mentioned in subsection (IA) above, land which is not derelict, neglected or unsightly, but which is likely to become derelict, neglected or unsightly by reason of actual or apprehended collapse of the surface as the result of the carrying out of underground mining operations which have ceased to be carried out before the grant is paid and which were not excluded operations; and

(b) subsection (1) above shall have effect as if "relevant expenditure" included -

(i) expenditure incurred in or in connection with the acquisition at any time by the

[page 107]

authority with the approval of the Secretary of State of any land to which subsection (1) above applies, including any land to which it applies by virtue of paragraph (a) above; and

(ii) expenditure incurred in or in connection with the carrying out of works such as are mentioned in subsection (1B)(a) above on or after 1st April 1967 but before the passing of the Local Government, Planning and Land Act 1980 other than works so carried out on land to which subsection (1) only applies by virtue of paragraph (a) above.

(1E) In subsection (1D)(a) above "excluded operations" means underground mining operations for the purpose of the working and getting of coal, or of coal and other minerals worked with coal, or for the purpose of getting any product from coal in the course of working and getting coal.".
1972 c. 5.

(2) The following subsections shall be substituted for subsections (1) to (5) of section 8 of the Local Employment Act 1972 (derelict land):-

"(1) Where it appears to the Secretary of State -
(a) that any land in a development area or intermediate area (in this section referred to as 'the relevant land') -
(i) is derelict, neglected or unsightly, or

(ii) is not derelict, neglected or unsightly, but is liable to become derelict, neglected or unsightly by reason of actual or apprehended collapse of the surface as the result of the carrying out of underground mining operations which have ceased to be carried out and which were not excluded operations; and

(b) that steps should be taken for the purpose of enabling it to be brought into use, or of improving its appearance,
he may, with the consent of the Treasury, make to the council of the county or district in which it is situated such grants as are mentioned in subsection (1A) below.

(1A) The grants that may be made under subsection (1) above are grants--

(a) towards the cost of the exercise of any power, of the council to acquire the relevant land or any


[page 108]

other land which is reasonably required for the purpose of enabling the relevant land to be brought into use, or of improving its appearance;

(b) towards the cost of the carrying out by the council, for the purpose of enabling the relevant land to be brought into use or of improving its appearance, of any work on that land or any other land; and

(c) towards the cost of carrying out a survey of the relevant land, with the approval of the Secretary of State, for the purpose of determining whether any works for the purpose of enabling the relevant land to be brought into use or of improving its appearance should be undertaken (whether or not, such works are carried out.)

(1B) Grants under this section may be made in such manner as appears to the Secretary of State to be requisite."

(3) The following subsection shall be inserted after subsection (7) of that section:-
"(8) In this section -
"county" includes Greater London and "district" includes a London borough, and accordingly -
(a) any reference to the council of a county includes a reference to the Greater London Council; and

(b) any reference to the council of a district includes a reference to the Council of a London borough;

"excluded operations" means underground mining operations for the purpose of the working and getting of coal, or of coal and other minerals worked with coal, or for the purpose of getting any product from coal in the course of working and getting coal; and

"land" includes land covered with water.".

Miscellaneous provisions about land

Land: miscellaneous amendments.

118. Schedule 23 to this Act (which contains miscellaneous amendments about land, including amendments to relax controls) shall have effect.

Planning Boards: land acquisition. 1971 c. 78

119.-(1) The Peak Park Joint Planning Board and the Lake District Special Planning Board shall, on being authorised to do so by the Secretary of State, have the same power to acquire land compulsorily as the local authorities to whom section 112 of the Town and Country Planning Act 1971 applies have under that section.


[page 109]

(2) The Boards shall have the same power to acquire land by agreement as the local authorities mentioned in subsection (1) of section 119 of that Act have under subsection (1)(a) of that section.

(3) The following sections of that Act shall apply (with the necessary modifications) as if the Boards were local authorities:-

112(1) and (4) (compulsory acquisition)
118 (extinguishment of rights)
119(1)(a) and (3) (acquisition by agreement)
120 (acquisition for purposes of exchange)
121 (appropriation of land forming part of common etc.)
122 (appropriation of land held for planning purposes)
123 (disposal of land held for planning purposes)
124 (development of land held for planning purposes)
125 (buildings of architectural interest etc.)
127 (power to override easements etc.)
128 (consecrated land etc.)
129 (open spaces)
130(3) (displacement of persons).
Compulsory acquisition: exclusion of special parliamentary procedure.

120.-(1) The Acquisition of Land Acts shall apply to any compulsory acquisition of an interest in land where -

(a) the notice of the making or preparation in draft of a compulsory purchase order is first duly published on or after 6th April 1976 (or, in the application of this section to Scotland, 1st September 1976), and

(b) the person acquiring the interest is a local authority, the Peak Park Joint or Lake District Special Planning Board, any statutory undertakers or a Minister,

subject to the modifications made by this section.

(2) Paragraph 9 of Schedule 1 to the Act of 1946 or, as the case may be, the Scottish Act of 1947 (special parliamentary procedure for acquisitions from local authorities, statutory undertakers and National Trust) shall not apply to the acquisition except where the interest belongs to the National Trust or the National Trust for Scotland.

(3) In this section -

1946 c. 49. 1947 c. 42.

"the Acquisition of Land Acts" means the Acquisition of Land (Authorisation Procedure) Act 1946 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and "the Act of 1946" and "the Scottish Act of 1947" mean those Acts respectively;

[page 110]

"local authority" means -
(a) in relation to England, the council of a county or district, the council of a London borough, the Common Council of the City of London and the Greater London Council,

(b) in relation to Wales, the council of a county or district,

(c) in relation to Scotland, a regional, islands or district council,

and this section applies to the Isles of Scilly as if the Council of those Isles were the council of a county;

"statutory undertakers" means -

(a) persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water,
1971 c. 78. 1972 c. 52.
(b) the British Airports Authority, the Civil Aviation Authority, the National Coal Board, the Post Office and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for the purposes of the Town and Country Planning Act 1971 or the Town and Country Planning (Scotland) Act 1972, and

(c) any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph.

(4) An order under paragraph (c) of the definition of "statutory undertakers" in subsection (3) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

1975 c. 77.

(5) This section (which re-enacts section 41 of the Community Land Act 1975 with modifications) shall be taken to have come into force on 12 November 1975 but (in relation to the period before the passing of this Act) shall have effect as if the persons mentioned in subsection (1)(b) above included a new town authority (that is, a development corporation as defined in section 2 of the

1965, c. 59. 1968 c. 16. 1973 c. 65.

New Towns Act 1965, or in section 2 of the New Towns (Scotland) Act 1968) and a joint board established under section 2 of the Community Land Act 1975, and as if "local authority" meant (in relation to Scotland) a regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973.


[page 111]

Certification of appropriate alternative development.

121.-(1) This section re-enacts section 47 of the Community Land Act 1975 and accordingly shall have effect only in relation to applications, and certificates issued in pursuance of applications, made after 12 December 1975.

1975 c. 77. 1961 c. 33. 1963 c. 51.

(2) Section 17 of the Land Compensation Act 1961 and section 25 of the Land Compensation (Scotland) Act 1963 (certification of appropriate alternative development) shall each continue to be amended in accordance with subsections (2) to (5) of section 47 of the Community Land Act 1975 and, as amended by those subsections, section 49(3) of the said Act of 1963 and section 172(2) of the Local Government (Scotland) Act 1973, shall have effect as set out in Schedule 24 below.

Acquisition and disposal of land by the Crown. 1852 c. 28. 1971 c. 78. 1972 c. 52.

122.-(1) Where, in exercise of the power conferred by section 2 of the Commissioners of Works Act 1852, section 113 of the Town and Country Planning Act 1971 or section 103 of the Town and Country Planning (Scotland) Act 1972 (acquisition of land necessary for the public service) the Secretary of State has acquired, or proposes to acquire, any land (the "public service land") and in his opinion other land ought to be acquired together with the public service land -

(a) in the interests of the proper planning of the area concerned; or

(b) for the purpose of ensuring that the public service land can be used, or developed and used, (together with that other land) in what appears to the Secretary of State to be the best, or most economic, way; or

(c) where the public service land or any land acquired, or which the Secretary of State proposes to acquire, by virtue of paragraph (a) or (b) above, forms part of a common or open space or fuel or field garden allotment, for the purpose of being given in exchange therefor,

the said sections 2 and 113, or as the case may be 103, shall apply to that other land as if its acquisition were necessary for the public service.

In the application of this subsection to Scotland the words " or fuel or field garden allotment" shall be omitted.

(2) The said sections 2, 113 and 103 shall be construed and have effect as if references to land necessary for the public service included land which it is proposed to use not only for the public service but also -

(a) to meet the interests of proper planning of the area, or

(b) to secure the best, or most economic, development or use of the land,

for other purposes.


[page 112]

(3) The said sections 2, 113 and 103 shall be construed and have effect as if references to the public service included the service in the United Kingdom -

(a) of any international organisation or institution whether or not the United Kingdom or Her Majesty's Government in the United Kingdom is or is to become a member;

(b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

(c) of a foreign sovereign Power or the Government of such a Power;

and for the purposes of paragraph (b) above" treaty" includes any international agreement, and any protocol or annex to a treaty or international agreement.

(4) Where the Secretary of State proposes to dispose of any of his land and is of the opinion that it is necessary, in order to facilitate that disposal, to acquire adjoining land, then, notwithstanding that the acquisition of that adjoining land is not necessary for the public service, the said section 2 shall apply as if it were necessary for the public service.

(5) Where the Secretary of State is authorised by the said section 2 to acquire land by agreement for a particular purpose, he may acquire that land notwithstanding that it is not immediately required for that purpose; and any land acquired by virtue of this subsection may, until required for the purpose for which it was acquired, be used for such purpose as the Secretary of State may determine.

(6) The Secretary of State may dispose of land held by him and acquired by him or any other Minister under the said sections 2, 113 or 103 to such person, in such manner and subject to such conditions as may appear to the Secretary of State to be expedient, and in particular may under this subsection dispose of land held by him for any purpose in order to secure the use of the land for that purpose.

(7) Any expenditure of the Secretary of State attributable to this section shall be paid out of money provided by Parliament.

1975 c. 77.

(8) This section (which re-enacts section 37 of the Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period


[page 113]

before the passing of this Act, shall have effect as if for subsection (3) there were substituted:-

(3) The said sections 2,113 and 103 shall be construed and have effect as if references to the public service included the service in the United Kingdom -
(a) of any international organisation or institution of which the United Kingdom, or Her Majesty's Government in the United Kingdom, is, or is to become, a member;

(b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party;

and for the purposes of paragraph (b) above "treaty" includes any international agreement, and any protocol or annex to a treaty or international agreement.
Acquisition of land by the Crown in Northern Ireland.

123.-(1) The provisions of the law of Northern Ireland mentioned below (acquisition of land necessary for the public service) shall be construed and have effect as if references to the public service included the service in the United Kingdom -

(a) of any international organisation or institution whether or not the United Kingdom or Her Majesty's Government in the United Kingdom is or is to become a member;

(b) of any office or agency established by such an organisation or institution for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

(c) of a foreign sovereign Power or the Government of such a Power;

and for the purposes of paragraph (b) above" treaty" includes any international agreement, and any protocol or annex to a treaty or international agreement.

1933 c. 6 (N.I.) 1973 No. 1896 (N.I. 21).

(2) The said provisions are section 5(1) of the Stormont Regulation and Government Property Act (Northern Ireland) 1933 and Article 65 of the Land Acquisition and Compensation (Northern Ireland) Order 1973.

(3) This section (which re-enacts section 38 of the Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period before the passing of this Act, shall have effect as if for subsection 0) there were substituted:-

(1) The provisions of the law of Northern Ireland mentioned below (acquisition of land necessary for the public

[page 114]

service) shall be construed and have effect as if references to the public service included the service in the United Kingdom -
(a) of any international organisation or institution of which the United Kingdom, or Her Majesty's Government in the United Kingdom, is, or is to become, a member;

(b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party;

and for the purposes of paragraph (b) above "treaty" includes any international agreement, and any protocol or annex to a treaty or international agreement.
(4) This section extends to Northern Ireland only.

Town development functions. 1952 c. 54. 1972 c. 70.

124.-(1) Subject to subsections (2) and (3) below, the functions under the Town Development Act 1952 which the Local Government Act 1972 conferred on county councils shall cease to be exercisable by such councils.

(2) Nothing in this section shall affect -

(a) any undertaking under section 4 or 10(3) of the Town Development Act 1952; or

(b) any agreement under section 8 of that Act,

which a county council have given or made before the passing of this Act.

(3) The repeal of section 11 of the Town Development Act 1952 (modification of enactments consequential on participation by county council) shall not affect any orders under that section which are in force at the passing of this Act; and any such order may accordingly be varied or revoked under that section as if this Act had not been passed.

Extent of Part XIV.

125. In this Part of this Act, only sections 116, 118, and 120 to 122 extend to Scotland.

PART XV

NEW TOWNS

Payments to Secretary of State

Sums to be paid to Secretary of State.

126.-(1) The Secretary of State may direct a development corporation or the Commission to pay to him, on the date specified in the direction, such sum as is so specified.


[page 115]

(2) Before giving a direction under this section, the Secretary of State shall consult the corporation or (as the case may be) the Commission.

1961 c. 33.

(3) The debt shall carry interest, at the rate for the time being in force under section 32 of the Land Compensation Act 1961, from the date specified in the direction until payment.

(4) Any sum received by the Secretary of State under this section shall, subject to subsection (6) below, be paid into the Consolidated Fund.

(5) The whole or part of any sum received by the Secretary of State under this section shall, if the Secretary of State with the approval of the Treasury so determines, be treated as made by way of repayment of such part of the principal of advances under section 42(1) or (as the case may be) (4) and (5) of the 1965 Act (advances to corporations and Commission respectively), and as made in respect of the repayments due at such times, as may be so determined.

(6) Any sum treated under subsection (5) above as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.

(7) In the application of this section to Scotland -

(a) for the reference in subsection (3) to section 32 of the Land Compensation Act 1961 there shall be substituted a reference to section 40 of the Land Compensation (Scotland) Act 1963;

(b) for the reference in subsection (5) to section 42 of the 1965 Act there shall be substituted a reference to section 37(1) of the 1968 Act.

Power to dispose of land.

127.-(1) Where, in order to comply with a direction under section 122 above, the corporation or Commission considers it desirable to dispose of any land, it may do so by virtue of this section.

(2) The power of disposal by virtue of this section may be exercised notwithstanding anything in the 1965 Act but must be exercised in accordance with subsections (3) to (5) below.

(3) The power shall not be exercised so as to dispose of land by way of mortgage (or in Scotland, standard security) or charge.

(4) Without the consent of the Secretary of State (given generally or specially), the power shall not be exercised so as to transfer the freehold of land or to grant a lease of land for a term of more than 99 years.

(5) In exercising the power a corporation and the Commission shall comply with such directions as the Secretary of State may


[page 116]

give to them for restricting the exercise of the power or for requiring them to exercise the power in any manner specified in the directions.

(6) Before giving a direction under subsection (5) above, the Secretary of State shall consult the corporation or (as the case may be) the Commission, unless he is satisfied that because of urgency consultation is impracticable.

(7) Where a corporation or the Commission purports to dispose of land by virtue of this section, then -

(a) in favour of a person claiming under the corporation or Commission, the disposal so purporting to be made shall not be invalid by reason that any consent of the Secretary of State required under this section has not been given or that any direction of his given under this section has not been complied with, and

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

(8) References in this section to disposing of land include references to granting an interest in or right over land.

(9) In the application of this section to Scotland -

(a) for the reference in subsection (2) to the 1965 Act there shall be substituted a reference to the 1968 Act;

(b) subsection (4) shall have no effect.

Reduction of designated areas

Orders reducing designated areas.

128.-(1) The Secretary of State may make an order excluding any land specified in the order from the area of a new town if, after consulting the development corporation for the town and any county council and district council in whose area the land is situated, he is satisfied that it is expedient to make the order.

(2) The power to make an order under this section shall be exercisable by statutory instrument.

(3) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

1976 c. 75.

(4) Where the Development Board for Rural Wales is responsible under the Development of Rural Wales Act 1976 for the development of a new town, this section and sections 129 and 130 below shall apply as if the Board were the development corporation for the new town.


[page 117]

Effect of order: general.

129.-(1) Subject to subsections (3) and (4) below, on the coming into force of an order under section 128 above the land specified in the order shall cease to be contained in the area of the new town, and the order made under section 1 of the 1965 Act designating the area shall cease to operate as regards that land.

(2) Land ceasing to be contained in the area of a new town by virtue of subsection (1) above is in this section and section 130 below called" excluded land ".

(3) The Secretary of State may, in an order under section 128 above, make such provisions by way of savings and transitional provisions (including provisions amending provisions made by or under an enactment) as he thinks fit, and subsection (1) above shall apply subject to any such savings and transitional provisions.

(4) Section 111 of the 1964 Act shall continue to operate as respects an application made in relation to land before it becomes excluded land or made at the next licensing sessions held afterwards, but the excluded land shall not otherwise be treated for the purposes of Part VI of that Act as comprised in the new town.

Effect of order: disposal of land.

130.-(1) Subject to subsections (2) to (4) below, the development corporation shall dispose of any land which it has acquired, which falls within the excluded land and which the corporation does not require for purposes connected with the development of the new town or for the provision of services for the purposes of the new town.

(2) The duty mentioned in subsection (1) above shall not be performed so as to dispose of land by way of gift, mortgage or charge.

(3) A corporation shall not without the consent of the Secretary of State (given generally or specially) perform the duty so as to transfer the freehold of land or to grant a lease of land for a term of more than 99 years.

(4) A corporation shall comply with such directions as the Secretary of State may give for preventing the duty from being performed or for restricting the duty or for requiring it to be performed in a manner specified in the directions.

(5) Before giving a direction under subsection (4) above, the Secretary of State shall consult the corporation, unless he is satisfied that because of urgency consultation is impracticable.

(6) Where a corporation purports to dispose of land by virtue of this section, then -

(a) in favour of a person claiming under the corporation, the disposal so purporting to be made shall not be

[page 118]

invalid by reason that any consent of the Secretary of State required under this section has not been given or that any direction of his given under this section has not been complied with, 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 or whether any such direction has been given or complied with.

(7) References in this section to disposing of land include references to granting an interest in or right over land.

Licensing

Off-licences: special provisions to cease.

131.-(1) Part VI of the 1964 Act (licensing in new towns) shall cease to have effect in relation to the licensing of premises in new towns by way of a justices off-licence.

(2) References in Part VI of the 1964 Act to licensed premises and to a justices' licence shall be construed accordingly.

(3) In consequence of subsection (1) above, the following provisions of the 1964 Act shall be omitted, namely sections 112(1)(a)(ii) and (b)(ii) and in section 112(5) the words "or licensed premises".

(4) Nothing in this section affects the operation of section 111 of the 1964 Act as respects an application made before the date on which this section comes into force or made at the licensing sessions next held after that day.

1976 c. 75.

(5) Where the Development Board for Rural Wales is responsible under the Development of Rural Wales Act 1976 for the development of a new town, this section and section 132 below shall apply as if the Board were the development corporation for the new town.

Power to end special licensing provisions.

132.-(1) If a development corporation for a new town and the committee constituted for the new town under section 108 of the 1964 Act jointly apply to the Secretary of State for him to make an order under this section, he may make such an order.

(2) The power to make an order under this section shall be exercisable by statutory instrument.

(3) On an order coming into effect, subsections (4) to (6) below shall apply.

(4) If under section 108 of the 1964 Act a committee was constituted for that new town only the committee shall cease to exist.


[page 119]

(5) If under section 108 of the 1964 Act a committee was constituted for that and another new town-

(a) the committee shall cease to exercise its functions as respects the first-mentioned new town, and then this section shall apply as if under section 108 the committee had been constituted for the other new town only; and

(b) the Secretary of State shall vary any order made by him under the section in such manner as appears to him requisite in consequence of the coming into effect of the order under this section.

(6) Sections 111 and 112 of the 1964 Act shall cease to apply to the new town, but without prejudice to the operation of section 111 as respects an application made before the date on which the order comes into effect or made at the licensing sessions next held after that day.
Miscellaneous

Interpretation, amendments and extent.

133.-(1) In this Part of this Act -

"area of a new town", "the Commission", "development corporation" and "local authority" have (in the application of this Part outside Scotland) the same meanings respectively as in the 1965 Act;

"development corporation" has (in the application of this Part to Scotland) the same meaning as in the 1968 Act;

1964 c. 26.
"the 1964 Act" means the Licensing Act 1964;
1965 c. 59.
"the 1965 Act" means the New Towns Act 1965;
1968 c. 16.
"the 1968 Act" means the New Towns (Scotland) Act 1968.
1961 c. 33. 1963 c. 51.

(2) The amendments to the 1965 Act, the 1968 Act, the Land Compensation Act 1961 and the Land Compensation (Scotland) Act 1963 mentioned in Schedule 25 below shall have effect.

(3) Sections 128 to 132 above do not extend to Scotland.

(4) This Part of this Act does not extend to Northern Ireland.

PART XVI

URBAN DEVELOPMENT

Urban development areas

Urban development areas.

134.-(1) Subject to subsection (2) below, if the Secretary of State is of opinion that it is expedient in the national interest to do so, he may by order made by statutory instrument designate any area of land as an urban development area.


[page 120]

(2) An area of land in England may only be so designated if -

(a) it is in a metropolitan district; or

(b) it is in an inner London borough or partly in an inner London borough and partly in an outer London borough which has a boundary in common with that inner London borough.

(3) Separate parcels of land may be designated as one urban development area.

(4) No order under this section shall have effect until approved by a resolution of each House of Parliament.

Urban development corporations

Urban development corporations.

135.-(1) For the purposes of regenerating an urban development area, the Secretary of State shall by order made by statutory instrument establish a corporation (an urban development corporation) for the area.

(2) An order under this section may be made at the same time as an order under section 134 above.

(3) No order under this section shall have effect until approved by a resolution of each House of Parliament

(4) An urban development corporation shall be a body corporate by such name as may be prescribed by the order establishing it.

(5) Schedule 26 below shall have effect with respect to urban development corporations.

(6) It is hereby declared that an urban development corporation is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that the corporation's property is not to be regarded as the property of, or property held on behalf of, the Crown.

Objects and general powers.

136.-(1) The object of an urban development corporation shall be to secure the regeneration of its area.

(2) The object is to be achieved in particular by the following means (or by such of them as seem to the corporation to be appropriate in the case of its area), namely, by bringing land and buildings into effective use, encouraging the development of existing and new industry and commerce, creating an attractive environment and ensuring that housing and social facilities are available to encourage people to live and work in the area.


[page 121]

(3) Subject to sections 137 and 138 below, for the purpose of achieving the object an urban development corporation may -

(a) acquire, hold, manage, reclaim and dispose of land and other property;

(b) carry out building and other operations;

(c) seek to ensure the provision of water, electricity, gas, sewerage and other services;

(d) carry on any business or undertaking for the purposes of the object; and

(e) generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes.

(4) No provision of this Part of this Act by virtue of which any power is exercisable by an urban development corporation shall be construed as limiting the effect of subsection (3) above.

(5) Without prejudice to the generality of the powers conferred on urban development corporations by this Act, such a corporation, for the purpose of achieving the object, -

(a) may, with the consent of the Secretary of State, contribute such sums as he with the Treasury's concurrence may determine towards expenditure incurred or to be incurred by any local authority or statutory undertakers in the performance of any statutory functions of the authority or undertakers, including expenditure so incurred in the acquisition of land; and

(b) may, with the like consent, contribute such sums as the Secretary of State with the like concurrence may determine by way of assistance towards the provision of amenities.

(6) To avoid doubt it is declared that subsection (3) above relates only to the capacity of an urban development corporation as a statutory corporation; and nothing in this section authorises such a corporation to disregard any enactment or rule of law.

(7) A transaction between a person and an urban development corporation shall not be invalidated by reason of any failure by the corporation to observe the object in subsection (1) above or the requirement in subsection (3) above that the corporation shall exercise the powers conferred by that subsection for the purpose of achieving that object.

Exclusion of functions.

137.-(1) An order under section 135 above may provide that any functions which may be exercisable by an urban development corporation by virtue of this Part of this Act and which are specified in the order are not to be exercised by the corporation


[page 122]

established by the order, either as regards the whole of its area or as regards a portion of that area; and this Part of this Act shall apply to the corporation accordingly.

(2) An order under section 135 above may amend any provision of a previous order under that section which was included in that order by virtue of subsection (1) above.

1978 c. 30.

(3) Nothing in subsection (2) above shall prejudice the operation of section 14 of the Interpretation Act 1978 (power to amend orders etc.),

Restrictions on powers.

138.-(1) Without prejudice to any provision of this Act requiring the consent of the Secretary of State to be obtained for anything to be done by an urban development corporation, he may give directions to such a corporation for restricting the exercise by it of any of its powers under this Act or for requiring it to exercise those powers in any manner specified in the directions.

(2) Before giving a direction under subsection (1) above, the Secretary of State shall consult the corporation, unless he is satisfied that because of urgency consultation is impracticable.

(3) A transaction between a person and an urban development corporation acting in purported exercise of its powers under this Act shall not be void by reason only that it was carried out in contravention of a direction given under subsection (1) above, and such a person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with.

Allocation or transfer of functions.

139.-(1) If it appears to the Secretary of State, in the case of an urban development area, that there are exceptional circumstances which render it expedient that the functions of an urban development corporation under this Part of this Act should be performed by the urban development corporation established for the purposes of any other area instead of by a separate corporation established for the purpose, he may, instead of establishing such a separate corporation, by order direct that those functions shall be performed by the urban development corporation established for the other area.

(2) If it appears to the Secretary of State that there are exceptional circumstances which render it expedient that the functions of an urban development corporation established for one area should be transferred to the urban development corporation established for the purposes of another area, or to a new urban development corporation to be established for the first-mentioned


[page 123]

area, he may, by order, provide for the dissolution of the first-mentioned corporation and for the transfer of its functions, property, rights and liabilities to the urban development corporation established for the purposes of the other area or (as the case may be) to a new corporation established for the purposes of the first-mentioned area by the order.

1978 c. 30.

(3) Without prejudice to section 14 of the Interpretation Act 1978, an order under this section providing for the exercise of functions in relation to an area by the urban development corporation established for the purposes of another area, or for the transfer of such functions to such a corporation, may modify the name and constitution of that corporation in such manner as appears to the Secretary of State to be expedient, and for the purposes of this Act that corporation shall be treated as having been established for the purposes of each of those areas.

(4) Before making an order under this section providing for the transfer of functions from or to an urban development corporation or for the exercise of any functions by such a corporation, the Secretary of State shall consult that corporation.

(5) An order under this section shall make, with regard to a corporation on which functions are conferred by the order, the same provision as that which may be made with regard to a corporation under section 137 above.

(6) An order under this section shall be made by statutory instrument.

(7) No order under this section shall have effect until approved by a resolution of each House of Parliament.

Consultation with local authorities.

140.-(1) An urban development corporation shall prepare a code of practice as to consultation with the relevant local authorities about the exercise of its powers.

(2) In this section "the relevant local authorities" means local authorities the whole or any part of whose area is included in the urban development area.

(3) Preparation of the code shall be completed not later than the expiration of the period of 12 months from the date of the establishment of the corporation.

(4) A corporation may from time to time revise the whole or any part of its code.

(5) A corporation shall prepare and revise its code in consultation with the relevant local authorities.


[page 124]

Land

Vesting by order in corporation.

141.-(1) Subject to subsection (2) below, the Secretary of State may by order made by statutory instrument provide that land specified in the order which is vested in a local authority, statutory undertakers or other public body or in a subsidiary of a public body shall vest in an urban development corporation established or to be established by an order under section 135 above for an area in which the land is situated.

(2) An order under subsection (1) above may not specify land vested in statutory undertakers which is used for the purpose of carrying on their undertakings or which is held for that purpose.

(3) In the case of land vested in statutory undertakers the Secretary of State and the appropriate Minister shall make any order under this section.

1968 c. 72. 1972 c. 52.

(4) An order under this section shall have the same effect as a declaration under section 30 of the Town and Country Planning Act 1968 or, in Scotland, section 278 of the Town and Country Planning (Scotland) Act 1972 (both of which relate to general vesting declarations) except that, in relation to such orders, the enactments mentioned in Schedule 27 shall have effect subject to the modifications specified in that Schedule.

1961 c. 33. 1963 c. 51.

(5) Compensation under the Land Compensation Act 1961 or, in Scotland, the Land Compensation (Scotland) Act 1963, as applied by subsection (4) above and Schedule 27 to this Act, shall be assessed by reference to values current on the date the order under this section comes into force.

(6) No order under this section shall have effect until approved by a resolution of each House of Parliament.

(7) In this section -

"subsidiary", in relation to a public body, means a wholly-owned subsidiary of that body; and
1948 c. 38.
"wholly-owned subsidiary" has the meaning assigned to it by section 150(4) of the Companies Act 1948.
Acquisition by corporation.

142.-(1) An urban development corporation may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily)-

(a) land in the urban development area;

(b) land adjacent to the area which the corporation requires for purposes connected with the discharge of the corporation's functions in the area;

(c) land, whether or not in or adjacent to the area, which the corporation requires for the provision of services


[page 125]

in connection with the discharge of the corporation's functions in the area.
(2) Where a corporation exercises its powers under subsection (1) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the corporation may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land acquired.

In the application of this subsection to Scotland the words "or fuel or field garden allotment" shall be omitted.

(3) The 1946 Act and, in Scotland, the 1947 Act shall apply (subject to section 144(2) below) in relation to the compulsory acquisition of land in pursuance of subsection (1) or (2) above as if -

(a) this section were contained in an Act in force immediately before the commencement of the 1946 Act or (as the case maybe) the 1947 Act,

(b) an urban development corporation were a local authority.

(4) An urban development corporation which may be authorised by the Secretary of State, by means of a compulsory purchase order, to purchase any land compulsorily for any purpose may be authorised by him, by means of such an order, to purchase compulsorily for that purpose such new rights over the land as are specified in the order; and in this subsection " new rights" means rights which are not in existence when the order specifying them is made.

(5) In subsection (4) above "compulsory purchase order" has the same meaning as in the 1946 Act.

(6) Subsection (5) above does not apply to Scotland.

1973 c. 56.

(7) In relation to Scotland, in subsection (4) above "compulsory purchase order" has the same meaning as in the 1947 Act, and section 63 of the Land Compensation (Scotland) Act 1973 shall apply to any compulsory purchase order made by virtue of that subsection.

Acquisition by local highway authority.

143.-(1) This section applies where the appropriate Minister is satisfied that the construction or improvement of a road is needed -

(a) outside an urban development area, for the purpose of securing the development of land in that area in accordance with proposals approved by the Secretary of State under section 148 below, or

[page 126]

(b) for the purpose of providing proper means of access to such an area.
(2) In that case, a local highway authority may, on being authorised to do so by the appropriate Minister acquire compulsorily any land as to which he is satisfied that its acquisition by the authority is requisite -
(a) for the construction or improvement of the road, or

(b) for carrying out the improvement, or controlling the development, of frontages to the road or of land abutting on or adjacent to the road.

(3) Where a local highway authority has been authorised under subsection (2) above to acquire compulsorily land forming part of a common or open space or fuel or field garden allotment, the authority may be' authorised under that subsection to acquire compulsorily land for giving in exchange for the land acquired.

In the application of this subsection to Scotland the words "or fuel or field garden allotment" shall be omitted.

(4) The 1946 Act and, in Scotland, the 1947 Act shall apply (subject to section 144(2) below) in relation to the compulsory acquisition of land in pursuance of this section as if this section were contained in an Act in force immediately before the commencement of the 1946 Act or (as the case may be) the 1947 Act.

(5) In this section -

"the appropriate Minister" means -
(a) in England, the Minister of Transport; and

(b) in Scotland or Wales, the Secretary of State; and

"local highway authority" means a highway authority other than the appropriate Minister.
Vesting and acquisition: supplementary.

144.-(1) Schedule 28 below (land) shall have effect.

(2) Part I of the Schedule modifies the 1946 Act and the 1947 Act as applied by section 142(3) and 143(4) above.

(3) Part II relates to the acquisition of land by agreement under section 142 above.

(4) Part III contains supplementary provisions about land vested in or acquired by an urban development corporation or local highway authority under this Part of this Act.

(5) Part IV (which does not apply to Scotland) contains supplementary provisions about the acquisition by an urban development corporation of rights over land under section 142(4) above.


[page 127]

Land compensation. 1961 c. 33. 1963 c. 51

145.-(1) The following paragraph shall be inserted after paragraph 4 of Schedule 1 to the Land Compensation Act 1961 (descriptions of actual or prospective development of which account is not to be taken in assessing compensation or the effect of which is to reduce compensation payable in respect of adjacent land in the same ownership which has benefited by the development) and after paragraph 4 of Schedule 1 to the Land Compensation (Scotland) Act 1963 (which makes similar provision for Scotland):-

"4A. Where any of the relevant land forms part of an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980.Development of any land other than the relevant land, in the course of the development or redevelopment of that area as an urban development area."

(2) At the end of Part II of Schedule 1 to the Land Compensation Act 1961 there shall be added:-

"PART III

SPECIAL PROVISIONS AS TO URBAN DEVELOPMENT AREAS

10. For the avoidance of doubt it is hereby declared -

(a) that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 6 of this Act, no increase or diminution in value is to be excluded from being left out of account; and

(b) that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 7 of this Act, no increase in value is to be excluded from being taken into account,

merely because it is attributable -
(i) to any development of land which was carried out before the area was designated as an urban development area;

(ii) to any development or prospect of development of land outside the urban development area;

(iii) to any development or prospect of development of land by an authority other than the acquiring authority, possessing compulsory purchase powers.


[page 128]

11. Paragraph 10 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in value to be left out of account by virtue of section 6 of this Act.".

1961 c. 33.

(3) In section 6 of the Land Compensation Act 1961 -

(a) in subsection (1)(b), for "4" substitute "4A"; and

(b) add at the end of subsection (2) the words "and the provisions of Part III of that Schedule shall have effect with regard to paragraph 4A.".

1963 c. 51.

(4) At the end of Part II of Schedule 1 to the Land Compensation (Scotland) Act 1963 there shall be added:-

"PART III

SPECIAL PROVISIONS AS TO URBAN DEVELOPMENT AREAS

6. For the avoidance of doubt it is hereby declared -

(a) that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 13 of this Act no increase or diminution of value is to be excluded from being left out of account; and

(b) that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 14 of this Act, no- increase in value is to be excluded from being taken into account,

merely because it is attributable -
(i) to any development of land which was carried out before the area was designated as an urban development area;

(ii) to any development or prospect of development of land outside the urban development area;

(iii) to any development or prospect of development of land by an authority, other than the acquiring authority, possessing compulsory purchase powers.

7. Paragraph 6 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in value to be left out of account by virtue of section 13 of this Act.".


[page 129]

1963 c. 51.

(5) In section 13 of the Land Compensation (Scotland) Act 1963 -

(a) in subsection (1)(b), for "4", where it first occurs, substitute "4A"; and

(b) add at the end of subsection (2A) the words "and the provisions of Part III of that Schedule shall have effect with regard to paragraph 4A.".

Disposal by corporation.

146.-(1) Subject to this section and to any directions given by the Secretary of State under this Act, an urban development -corporation may dispose of any land vested in or acquired by it to such persons, in such manner, and subject to such covenants or conditions, as it considers expedient for securing the regeneration of the corporation's area or for purposes connected with the regeneration of the area.

(2) The powers of an urban development corporation with respect to the disposal of land vested in or acquired by it under this Act shall be so exercised as to secure (so far as practicable) that persons who were living or carrying on business or other activities on land so acquired shall, if they desire to obtain accommodation on land belonging to the corporation and are willing to comply with any requirements of the corporation as to its development and use, have (subject to subsection (3) below) an opportunity to obtain on it accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them.

(3) An urban development corporation shall not have any -duty to afford to a person who was carrying on a business of selling intoxicating liquor or alcoholic liquor by retail on land acquired by the corporation an opportunity of obtaining alternative accommodation for such a business.

(4) Nothing in this Act enables an urban development corporation to dispose of land by way of gift, mortgage or charge or (in Scotland) by way of gift or in security.

(5) References in this section to disposing of land include references to granting an interest in or right over land.

1964 c. 26. 1976 c. 66.

(6) In this section "intoxicating liquor" has the meaning assigned by section 201 of the Licensing Act 1964 and" alcoholic liquor" has the meaning assigned by section 139 of the Licensing (Scotland) Act 1976.

Planning blight

Planning blight.

147.-(1) Section 192(1) of the 1971 Act (scope of provisions about blight) and section 181(1) of the 1972 Act (which


[page 130]

makes similar provisions for Scotland) shall have effect as if the land specified in them included land which -

(a) is land within an area intended to be designated as an urban development area by an order which has been made under section 134 above but which has not come into effect; or

(b) is land within an area which has been so designated by an order under that section which has come into effect.

(2) No blight notice shall be served by virtue of subsection (1)(a) above at any time after the order has come into effect.

(3) Until such time as an urban development corporation is established for the urban development area, sections 192 to 207 of the 1971 Act and sections 181 to 196 of the 1972 Act shall have effect in relation to land within subsection (1) above as if "the appropriate authority" and "the appropriate enactment" were the Secretary of State and subsection (4) below respectively.

(4) Until such time as aforesaid the Secretary of State shall have power to acquire compulsorily any interest in land in pursuance of a blight notice served by virtue of subsection (1) above; and where he acquires an interest as aforesaid, then -

(a) if the land is or becomes land within subsection (1)(b) above, the interest shall be transferred by him to the urban development corporation established for the urban development area; and

(b) in any other case, the interest may be disposed of by him in such manner as he thinks fit.

1961 c. 33. 1963 c. 51.

(5) The Land Compensation Act 1961 and, in relation to Scotland, the Land Compensation (Scotland) Act 1963 shall have effect in relation to the compensation payable in respect of the acquisition of an interest by the Secretary of State under subsection (4) above as if the acquisition were by an urban development corporation under this Part of this Act and as if, in the case of land within subsection (1)(a) above, the land formed part of the area designated as an urban development area by an order under section 134 above which has come into effect.

Planning functions

Planning control.

148.-(1) An urban development corporation may submit to the Secretary of State proposals for the development of land within the urban development area, and the Secretary of State, after consultation with the local planning authority within whose area (or in Scotland the regional, general and district planning authorities within whose areas) the land is situated and with any other local authority which appears to him to be concerned, may approve any such proposals either with or without modification.


[page 131]

(2) Without prejudice to the generality of the powers conferred by section 24 of the 1971 Act or section 21 of the 1972 Act, a special development order made by the Secretary of State under that section with respect to an urban development area may grant permission for any development of land in accordance with proposals approved under subsection (1) above, subject to such conditions, if any, (including conditions requiring details of any proposed development to be submitted to the local planning authority, or in Scotland the planning authority exercising district planning functions within the meaning of section 172 of the

1973 c. 65.

Local Government (Scotland) Act 1973), as may be specified in the order.

(3) The Secretary of State shall give to an urban development corporation such directions with respect to the disposal of land vested in or acquired by it under this Act and with respect to the development by it of such land, as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historic interest, and in particular of buildings included in any list compiled or approved or having effect as if compiled or approved under section 54(1) of the 1971 Act (which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historic interest) or under section 52(1) of the 1972 Act (which makes similar provision for Scotland).

(4) References in this section to the local planning authority are -

1972 c. 70.

(a) in relation to land outside Greater London, references to the district planning authority and also (in relation to proposals for any development which is a county matter, as defined in paragraph 32 of Schedule 16 to the Local Government Act 1972) to the county planning authority; and
1971 c. 78.
(b) in relation to land in Greater London, references to the authority which is the local planning authority as ascertained in accordance with Schedule 3 to the Town and Country Planning Act 1971.
Corporation as planning authority.

149.-(1) If the Secretary of State so provides by order, an urban development corporation shall be the local planning authority for the whole or any portion of its area in place of any authority which would otherwise be the local planning authority for such purposes of Part III of the 1971 Act, and in relation to such kinds of development, as may be prescribed.

(2) The order may provide -

(a) that any enactment relating to local planning authorities shall not apply to the corporation; and

[page 132]

(b) that any such enactment which applies to the corporation shall apply to it subject to such modifications as may be specified in the order.
(3) If the Secretary of State so provides by order -
(a) an urban development corporation specified in the order shall have, in the whole or any portion of its area and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by such of the provisions of the 1971 Act mentioned in Part I of Schedule 29 to this Act as are specified in the order;

(b) such of the provisions of the 1971 Act specified in Part II of that Schedule as are mentioned in the order shall have effect, in relation to an urban development corporation specified in the order and to land in that corporation's area, subject to the modifications there specified.

(4) An order under subsection (3) above may provide -
(a) that any enactment relating to local planning authorities shall apply to the urban development corporation specified in the order for the purposes of any of the provisions specified in Schedule 29 to this Act which relate to land in the urban development area by virtue of the order; and

(b) that any such enactment which so applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(5) In relation to an urban development corporation which is the local planning authority by virtue of an order under subsection (1) above, section 270 of the 1971 Act (application to local planning authorities of provisions as to planning control and enforcement) shall have effect for the purposes of Part III of the 1971 Act prescribed by that order, and in relation to the kinds of development so prescribed, as if -
(a) in subsection (1), the reference to the development by local authorities of land in respect of which they are the local planning authorities included a reference to the development by the corporation of land in respect of which it is the local planning authority;

(b) in subsection (2) -

(i) in paragraph (a) the words "the corporation" were substituted for the words "such an authority" and the word "corporation" were substituted for the words "local planning authority"; and

(ii) in paragraph (b) the word "corporation" were substituted for the words "local planning authority".


[page 133]

(6) In Scotland, if the Secretary of State so provides by order, an urban development corporation shall be the planning authority for the whole or any portion of its area in place of any authority which would otherwise be the planning authority for such purposes of Part III of the 1972 Act as are district planning functions (within the meaning of section 172 of the

1973 c. 65.

Local Government (Scotland) Act 1973), and in relation to such kinds of development, as may be prescribed.

(7) An order under subsection (6) above may provide -

(a) that any enactment relating to planning authorities shall not apply to the corporation; and

(b) that any such enactment which applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(8) If the Secretary of State so provides by order -
(a) an urban development corporation specified in the order shall have, in the whole or any portion of its area and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by such of the provisions of the 1972 Act mentioned in Part I of Schedule 30 to this Act as are specified in the order;

(b) such of the provisions of the 1972 Act specified in Part n of that Schedule as are mentioned in the order shall have effect, in relation to an urban development corporation specified in the order and to land in that corporation's area, subject to the modifications there specified.

(9) An order under subsection (8) above may provide -
(a) that any enactment relating to planning authorities shall apply to the urban development corporation specified in the order for the purposes of any of the provisions specified in Schedule 30 to this Act which relate to land in the urban development area by virtue of the order; and

(b) that any such enactment which so applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

(10) In relation to an urban development corporation which is the planning authority by virtue of an order under subsection (6) above, section 256 of the 1972 Act (application to planning authorities of provisions as to planning control and enforcement) shall have effect for the purposes of Part III of the 1972


[page 134]

Act prescribed by that order, and in relation to the kinds of development so prescribed, as if -

(a) in subsection (1), the reference to the development by local authorities of land in respect of which they are the planning authorities included a reference to the development by the corporation of land in respect of which it is the planning authority;

(b) in subsection (2) -

(i) in paragraph (a) the words "the corporation" were substituted for the words "such an authority" and the word "corporation" were substituted for the words "local planning authority"; and

(ii) in paragraph (b) the word "corporation" were substituted for the words "local planning authority".

(11) An order under this section shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(12) The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(13) In this section "prescribed" means prescribed by an order under this section.

Planning: corporation and local highway authority.

150.-(1) The reference to the local planning authority in paragraph 17 of Schedule 16 to the Local Government Act 1972 (duty to include in a development order under section 24 of the 1971 Act provision enabling a local highway authority to impose restrictions on the grant by the local planning authority of planning permission for certain descriptions of development) shall not be construed as including a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 above, and no provision of a development order which is included in it by virtue of that paragraph is to be construed as applying to such a corporation.

(2) The Secretary of State may include in a development order under section 24 of the 1971 Act provision enabling a local highway authority to impose restrictions on the grant by an urban development corporation who are the local planning authority of planning permission under the 1971 Act for such descriptions of development as may be specified in the order.

Building control etc.

Building control.

151.-(1) The Secretary of State may make an order under this section directing that, subject to the provisions of the order, building control functions in an urban development area or in


[page 135]

any portion of such an area shall be exercisable by the urban development corporation.

(2) An order under this section shall identify by reference to a map the area to which the order relates.

(3) In this section "building control functions" means -

(a) as regards England and Wales other than inner London boroughs, functions under or in connection with building regulations or any enactment (including a local Act) relating to such regulations;

(b) as regards inner London boroughs, functions exercisable under the London building legislation or, as the case may be, under or in connection with building regulations and any enactment relating to such regulations;

(c) as regards Scotland, the jurisdiction and functions conferred, in such a case, on local authorities by the Building (Scotland) Acts 1959 and 1970.

(4) An order under this section may provide that the London building legislation shall not have effect in the area to which the order relates but that building regulations and any enactment relating to such regulations shall have effect instead.

(5) An order under this section may provide for all or any of the following, namely -

(a) that the corporation shall have only such of the building control functions as may be specified in the order;

(b) that any building legislation under which the corporation is to exercise building control functions (or, in Scotland, that any of the jurisdiction and functions referred to in subsection (3)(c) above) shall apply, in relation to the corporation, as modified by the order,

and this section shall have effect accordingly.

(6) An order under this section shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(7) The power to make an order under this section shall be exercisable by statutory instrument.

(8) An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) In this section -

"building legislation" means -
(a) the London building legislation;

(b) any other enactments under which the corporation is to exercise building control functions; and


[page 136]

(c) building regulations;
"the London building legislation" means -
(a) the London Building Acts 1930 to 1978;

(b) any byelaws made under those Acts;

1974 c. 37.

(c) subsections (2) and (3) of section 70 of the Health and Safety at Work etc. Act 1974 and any regulations made under the said subsection (3).

Fire precautions and home insulation.

152.-(1) The Secretary of State may make an order under this section directing that, subject to the provisions of the order, an urban development corporation shall have in its area (or in such part of its area as may be specified in the order) -

1971 c. 40.

(a) the functions of a fire authority under the Fire Precautions Act 1971;

(b) the power of a local authority under section 36 of that Act (power to make loans to meet expenditure on certain alterations to buildings occasioned by the Act); and

1978 c. 48.
(c) the functions of a local authority under any scheme made by virtue of section 1 of the Homes Insulation Act 1978 (schemes for the making of grants towards the cost of works undertaken to improve the thermal insulation of dwellings).

(2) On the order coming into force, the corporation shall have the functions conferred in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3) The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

(4) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(5) The power to make an order under this section shall be exercisable by statutory instrument.

(6) No order under this section shall have effect until approved by a resolution of each House of Parliament.

Housing etc.

Corporation as housing authority.

153.-(1) If the Secretary of State so provides by order, an urban development corporation shall have in its area (or in such part of its area as may be specified in the order)-

1980 c. 51. 1980 c. 52

(a) the functions conferred on a local authority by the Housing Acts 1957 to 1975 and the Housing Act 1980

[page 131]

or by the Housing (Scotland) Acts 1966 to 1978 and the Tenants' Rights, Etc. (Scotland) Act 1980; and
1973 c. 26. 1973 c. 56.
(b) the functions conferred on the authority who are the relevant authority for the purposes of sections 39 to 41 of the Land Compensation Act 1973 or sections 36 to 38 of the Land Compensation (Scotland) Act 1973 (which relate to the rehousing of displaced residential occupiers);
or such of those functions as the order may specify.

(2) On the order coming into force, the corporation shall have the functions concerned in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3) The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with any other authority, in relation to that authority, as modified by the order.

(4) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(5) The power to make an order under this section shall be exercisable by statutory instrument.

(6) No order under this section shall have effect until approved by a resolution of each House of Parliament,

Rent rebates.

154.-(1) It shall be the duty of every urban development corporation to bring into operation and to maintain a scheme for granting, to persons who occupy as their homes dwellings let to them by the corporation rebates from rent, calculated in accordance with the provisions of the scheme by reference to their needs and their resources.

(2) No rebate from the rent for any dwelling shall be granted by virtue of this section to any person -

(a) if he occupies the dwelling in England and Wales under a licence which was granted as a temporary expedient to a person who entered it, or any other land, as a trespasser (whether or not before the grant another licence of that or any other dwelling has been granted to him); or

(b) if he occupies the dwelling in pursuance of a contract of service with the corporation the terms of which require that he shall be provided with a dwelling at a rent specified in the contract; or


[page 138]

(c) if Part II of the Landlord and Tenant Act 1954 (security of business tenants) applies to his tenancy.
1972 c. 47. 1972 c. 46.

(3) The corporation shall perform the duty to bring a scheme into force which is imposed on them by subsection (1) above as soon as practicable after it first lets dwellings as there mentioned, and then so much of Part II of the Housing Finance Act 1972 or of Part II of the Housing (Financial Provisions) (Scotland) Act 1972 as relates to rent rebates shall apply (with the necessary modifications) as if a corporation were a housing authority.

Rent. 1977 c. 42

155.-(1) In section 14 of the Rent Act 1977 (tenancy not protected when landlord's interest belongs to certain bodies), there shall be inserted after paragraph (f) "or

(g) an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980;".
1971 c. 28.

(2) In section 5 of the Rent (Scotland) Act 1971 (which makes similar provision for Scotland) there shall be inserted after paragraph (d) "and

(e) an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980".
Other provisions relating to corporations as landlords. 1980 c. 51.

156.-(1) Chapter I of Part I of the Housing Act 1980 (in this section referred to as " the Act of 1980 ") shall apply to an urban development corporation as if it were a landlord specified in paragraph 2 of Schedule 1 to that Act (landlords against whom the right to buy cannot be exercised in certain circumstances).

(2) Chapter II of that Part of the Act of 1980 shall have effect -

(a) as if the landlord condition were satisfied where the interest of the landlord belongs to an urban development corporation; and

(b) as if a reference to such a corporation were included in any reference to a development corporation in the following provisions:-

(i) section 42(1) (meaning of "landlord authority");

(ii) section 45(1) (exemption certificates); and

(iii) paragraph 2(1) of Schedule 3 (bodies whose employees' tenancies are not secure if their contract of employment requires them to occupy a dwelling-house for the better performance of their duties).

1967 c. 38.

(3) Section 140 of the Act of 1980 (exclusion of shared ownership tenancies from the Leasehold Reform Act 1967) shall have


[page 139]

effect in relation to a lease granted by an urban development corporation which complies with the conditions set out in subsection (3) of that section.

1980 c. 52. 1968 c. 16.

(4) Parts I, II and III of the Tenants' Rights, Etc. (Scotland) Act 1980 shall have effect as if a reference to an urban development corporation were included in any reference in those provisions to a development corporation established by an order made, or having effect as if made, under the New Towns (Scotland) Act 1968.

Highways

Highways. 1959 c. 25

157.-(1) When any street works have been executed in a private street (or part of a private street) in an urban development area, the urban development corporation may serve a notice on the street works authority requiring it to declare the street (or part) to be a highway which for the purposes of the Highways Act 1959 is a highway maintainable at the public expense.

(2) The street works authority may, within two months from the service of the notice, apply to a magistrates' court for an order setting aside the notice on the ground that' the works (including lighting) executed in the street (or part) are not of a standard at least equivalent to that of works in other comparable streets in the urban development area.

(3) The magistrates' court may set aside the notice, but the corporation may serve a subsequent one under this section as regards the street (or part).

(4) If no order is made to set aside the notice on such an application and no appeal against the magistrates' decision is brought within two months from the decision, the street (or part) shall become a highway maintainable at the public expense on the expiry of that time.

(5) If an appeal is brought against or arises out of the magistrates' decision, or an appeal arises out of that appeal, the street (or part) shall become a highway maintainable at the public expense on the final determination of the matter in favour of the corporation or on the abandonment of the appeal by the authority.

(6) In this section "private street" and "street works authority" have the same meanings as in Part IX of the Highways Act 1959.

(7) This section does not extend to Scotland.


[page 140]

Sewerage etc.

Sewerage.

158.-(1) Section 15 of the Water Act 1973 (arrangements for discharge of sewerage functions) shall be amended as mentioned in subsection (2) below.

(2) In subsection (10) (definition of relevant authority for discharge of functions):-

(a) in paragraph (a) after "New Towns Act 1965" insert "or an area designated as an urban development area under Part XVI of the Local Government, Planning and Land Act 1980";

(b) after paragraph (b) insert "and

(c) in relation to an urban development area -
(i) the urban development corporation; or

(ii) any such council within whose area the urban development area is wholly or partly situated; or

(iii) both that corporation and any such council,

and the body or bodies to be the relevant authority shall be determined by the water authority.".
(3) In section 16 of the Water Act 1973 (water authority's duty to provide sewer) -
(a) at the end of subsection (1)(c) there shall be added "or (d) if -
(i) the premises are in an area designated as an urban development area under Part XVI of the Local Government, Planning and Land Act 1980; and

(iil the owners or occupiers of the premises require the authority to provide a public sewer otherwise than for the drainage of new buildings which they propose to erect on the premises; and

(iii) the conditions specified in subsection (4A) below are satisfied.";

(b) the following subsection shall be inserted after subsection (4):-
"(4A) The conditions mentioned in paragraph (d) of subsection (1) above are that the persons making the requisition -
(a) agree severally with the water authority to pay the reckonable charges in respect of the premises for three years at least from the date on which the laying of the sewer is completed; and

(b) undertake to meet any relevant deficit."; and


[page 141]

(c) in subsections (5) and (9), for the words "or (4)"shall be substituted the words ", (4) or (4A)".
(4) This section does not extend to Scotland.

Public health etc.

159.-(1) The Secretary of State may by order provide that an urban development corporation shall have in its area (or in such part of its area as may be specified in the order) the functions conferred on a local authority -

1936 c. 49. 1961 c. 64. 1897 c. 38.

(a) by sections 83 and 84 of the Public Health Act 1936 and sections 35 to 37 of the Public Health Act 1961 (all of which relate to filthy or verminous premises or articles) or in relation to Scotland by section 40 of the Public Health (Scotland) Act 1897 (which makes similar provision for Scotland);

(b) by any enactment contained in Part III (nuisances and offensive trades) or IX (common lodging-houses) of the Public Health Act 1936 or in relation to Scotland by Parts II or V of the Public Health (Scotland) Act 1897 (which respectively make similar provision for Scotland);

(c) by so much of Part XII of the Public Health Act 1936 as relates to any of the enactments mentioned in paragraphs (a) and (b) above; and

1949 c. 55.
(d) by Part I of the Prevention of Damage by Pests Act 1949 (rats and mice).
(2) On the order coming into force, the corporation shall have the functions conferred in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3) The order may provide that any enactment under which the corporation is 1Jo exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

(4) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

(5) The power to make an order under this section shall be exercisable by statutory instrument.

(6) No order under this section shall have effect until approved by a resolution of each House of Parliament.


[page 142]

Loans for building

Loans for building.

160.-(1) For the purpose of enabling any person to whom an urban development corporation has sold or let any land to erect a building on the land, the corporation may, subject to this section, lend money to that person.

(2) A loan made under this section, together with interest on the loan, shall be secured by a mortgage of the land (or in Scotland a standard security over the land) in respect of which the loan is made.

(3) The amount of the principal of a loan made under this section shall not exceed whichever of the following is less:-

(a) three quarters of the value of the mortgaged security (or in Scotland the security subjects) at the time the loan is made;

(b) one half of the value which it is estimated the mortgaged security (or in Scotland the security subjects) will bear when the building for the erection of which the loan is made has been erected.

(4) A loan made under this section shall carry interest at such rate as may be specified by the Treasury.

(5) The mortgage deed (or in Scotland standard security) securing a loan made under this section shall provide -

(a) for repayment being made, subject to paragraphs (c) and (d) below, within such period, not exceeding 30 years, as may be specified in the deed (or standard security);

(b) for repayment being made, subject to paragraphs (c) and (d) below, either by instalments of principal or by an annuity of principal and interest combined;

(c) that, in the event of any of the conditions subject to which the loan is made not being complied with, the balance for the time being unpaid shall become repayable on demand by the corporation;

(d) that the said balance, or such part of it as may be provided for in the mortgage (or standard security), may, in any event other than that specified in paragraph (c) above, be repaid on any such conditions as may be specified in the mortgage (or standard security) after one month's written notice of intention to repay has been given to the corporation;

(e) where repayment is to be made by an annuity of principal and interest combined, for determining the amount by which the annuity or the life of the annuity is to be reduced when a part of the loan is paid off otherwise than by way of an instalment of the annuity.


[page 143]

Loans in pursuance of building agreements.

161.-(1) This section applies where an urban development corporation enters into an agreement with a person ("the builder") by which provision is made -

(a) authorising the builder to enter on land belonging to the corporation for the purpose of the builder erecting a building on the land;

(b) for the sale of the land to the builder, if the building is erected to the satisfaction of the corporation, or, as the agreement may provide, for the grant of a lease to him if the building is so erected;

(c) for the corporation to lend money to the builder for the purpose of enabling him to erect the building;

(d) for securing that, on such a sale or, as the case may be, grant of a lease, any amount lent as mentioned in paragraph (c) above will, together with the interest on the loan, be secured by a mortgage of the land (or in Scotland standard security over the land).

(2) In that case the corporation may, subject to this section, lend money to the builder for the purpose mentioned in subsection (1)(c) above.

(3) The amount of the principal of a loan made under this section shall not exceed whichever of the following is less:-

(a) three quarters of the value of the land at the time the agreement mentioned in subsection (1) above is made;

(b) one half of the amount which it is estimated will be the value of the security for the mortgage (or in Scotland of the security subjects) for which the agreement provides when the building for the erection of which the loan is made has been erected.

(4) Subsections (4) and (5) of section 160 above apply to a loan made under this section as to one made under that.

Inner urban areas

Inner urban areas. 1978 c. 50

162.-(1) In this section "the 1978 Act" means the Inner Urban Areas Act 1978, and "designated district" and "designated district authority" have the same meanings as in that Act

(2) In this section "relevant land" means an area of land which is at the same time situated in both an urban development area and a designated district.

(3) An urban development corporation shall have (as regards relevant land) the same power as the designated district authority has (as regards the designated district) under the provisions of the 1978 Act mentioned in subsection (4) below; and the sections which are or contain those provisions shall apply accordingly (with the necessary modifications).


[page 144]

(4) The provisions are:-

section 2(1) (loans for acquiring land etc)
section 3(1) (loans and grants for co-operative enterprises etc.)
sections 4 to 6 (loans and grants in improvement areas)
sections 8 to 11 (loans and grants in special areas).
(5) Subsections (6) and (7) below apply where -
(a) the Secretary of State or Ministers wish to enter into arrangements under subsection (1) of section 7 of the 1978 Act as respects any district (arrangements to determine action in case of special social need), and

(b) any area of land is situated both in an urban development area and that district.

(6) In that case, arrangements under that subsection may be entered into with -
(a) the urban development corporation, or

(b) the council or councils mentioned in paragraph (a) of that subsection, or

(c) subject to subsection (7) below, both the urban development corporation and the council or councils mentioned in that paragraph.

(7) Arrangements under that subsection which are entered into by virtue of subsection (6)(c) above may not be entered into jointly with the urban development corporation and the council or councils.

(8) Where arrangements under that subsection are entered into by virtue of subsection (6) above, they may also be entered into with such other person or persons (if any) as may appear to the Secretary of State or the Ministers appropriate.

Supply of goods etc. to Urban Development Corporations

Supply of goods etc. by local authorities. 1970 c. 39.

163.-(1) Subject to subsection (2) below, in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities Ito public bodies) "public body" shall include any urban development corporation.

(2) The provisions of subsection (1) above shall have effect as if made by an order under section 1 (5) of the Local Authorities (Goods and Services) Act 1970 (power to provide that a person or description of persons shall be a public body for the purposes of that Act).

(3) An order under the said section 1 (5) may accordingly vary or revoke the provisions of subsection (1) above as they apply to an urban development corporation specified in the order.


[page 145]

Finance, accounts, reports, etc.

Finance, accounts, reports, etc.

164.-(1) Schedule 31 below (finance, accounts, reports, etc. in relation to urban development corporations) shall have effect.

(2) The expenses of the Secretary of State in respect of the administration of this Part of this Act shall be paid out of money provided by Parliament.

Transfer of corporations' undertakings

Power to transfer undertaking.

165.-(1) Subject to this section, an urban development corporation may, by an agreement made with any local authority or any statutory undertakers and approved by the Secretary of State with the Treasury's concurrence:-

(a) transfer to the local authority the whole or any part of the corporation's undertaking, or

(b) transfer to the statutory undertakers the whole or any part of the corporation's undertaking which consists of a statutory undertaking,

upon such terms as may be prescribed by the agreement.

(2) Subsection (1) above is without prejudice to the powers of an urban development corporation under this Act to dispose of any of its property, including any trade or business carried on by it.

(3) Where -

(a) an agreement is made or is about to be made under subsection (1)(a) above; and

(b) after the transfer under it takes or has taken place only liabilities are or will be vested in the corporation,

the Secretary of State may by order vest those liabilities in himself.

(4) Before approving an agreement under this section the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated (except, in the case of an agreement made with such an authority, the authority with whom it is made).

(5) Before approving an agreement under this section for the transfer of a statutory undertaking, the Secretary of State shall publish in the London Gazette (or, in the case of an urban development area in Scotland, the Edinburgh Gazette), and in one or more newspapers circulating in the urban development area, a notice stating that the agreement has been submitted for approval and describing the general effect of the agreement.

(6) If within 28 days from publication of the notice in the London Gazette or Edinburgh Gazette in accordance with sub-


[page 146]

section (5) above any objection to the agreement is made by any statutory undertakers who, within the urban development area or any area adjacent to it, are carrying on or authorised to carry on a statutory undertaking similar to that proposed to be transferred by the agreement, subsection (1) above shall apply in relation to the agreement as if for the reference to the Secretary of State there were substituted a reference to him and the appropriate Minister.

(7) If the Secretary of State is satisfied that it is expedient, having regard to any agreement made or proposed to be made under this section, that the liability of the urban development corporation in respect of advances made to it by the Secretary of State under this Part of this Act should be reduced, he may, by order made with the consent of the Treasury, reduce that liability to such extent as may be specified in the order.

(8) An order under subsection (7) above shall be of no effect until it is approved by a resolution of the House of Commons.

(9) The following are local authorities for the purposes of this section, namely -

(a) (in the application of the section to England and Wales) a county council, a district council, a London borough council, the Greater London Council, and the Common Council of the City of London; (b) (in the application of the section to Scotland) a regional council and a district council.
Dissolution of corporations

Dissolution of corporations.

166.-(1) Where all the property and undertakings of an urban development corporation have been transferred under an agreement or agreements made under section 165 above, with or without an order under subsection (3) of that section, the Secretary of State may make an order by statutory instrument under this section.

(2) Before making such an order the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated,

(3) On the order coming into force, the corporation shall cease to act except for the purpose of preparing its final accounts and report and winding up its affairs.

(4) The corporation shall (without more) be dissolved on a date specified in, or ascertained by reference to the provisions of, the order.

(5) Subsection (9) of section 165 above applies for the purposes of this section as for those of that.


[page 147]

Miscellaneous

Power to survey land etc.

167.-(1) A person to whom this subsection applies may at any reasonable time:-

(a) survey any land, or estimate its value, in connection with a proposal by an urban development corporation to acquire the land compulsorily;

(b) for the purpose of surveying, or estimating the value of, any land in pursuance of paragraph (a) above, enter on the land and other land.

(2) Subsection (1) above applies -
(a) to a person authorised in writing by the urban development corporation; and

(b) to an officer of the Valuation Office.

(3) The power to survey land conferred by subsection (1) above includes power for a person to whom that subsection applies by virtue of subsection (2)(a) above to search and bore on and in the land for the purpose of ascertaining the nature of the subsoil or whether minerals are present in the subsoil, and the power to enter on land conferred by that subsection includes power for such a person to place and leave, on or in the land, apparatus for use in connection with the survey in question and to remove the apparatus.

(4) A person authorised by an urban development corporation to enter on land in pursuance of subsection (1) above -

(a) shall, if so required before or after entering on the land, produce evidence of his authority to enter;

(b) may take with him on to the land such other persons and such equipment as are necessary for the survey in question;

(c) shall not (if the land is occupied) demand admission to the land as of right unless notice of the intended entry has been served by the corporation on the occupier not less than 28 days before the demand;

(d) shall (if the land is unoccupied when he enters or the occupier is then temporarily absent) leave the land as effectually secured against trespassers as he found it;

(e) shall not place or leave apparatus on or in the land or remove apparatus from the land -

(i) unless notice of his intention to do so has been served by the corporation on an owner of the land, and if the land is occupied on the occupier, not less than 28 days before he does so, and

(ii) if the land is held by a local authority or statutory undertakers who within that period serve on


[page 148]

the corporation a notice stating that they object to the placing or leaving or removal of the apparatus on the ground that to do so would be seriously detrimental to the performance of any of their functions or, as the case may be, the carrying on of their undertakings unless he has a written Ministerial authorisation to do so;
(f) shall not search or bore on or in the land which is the subject of the survey in question if the land is held by a local authority or statutory undertakers -
(i) unless notice of his intention to do so has been served by the corporation on the authority or undertakers not less than 28 days before he does so, and

(ii) if within that period the authority or undertakers serve on the corporation a notice stating that they object to the searching or boring on the ground that to do so would be seriously detrimental to the performance of any of their functions or, as the case may be, the carrying on of their undertaking, unless he has a written Ministerial authorisation to do so.

(5) In subsection (4) above "Ministerial authorisation" means -

(a) in relation to land held by a local authority, the authorisation of the Secretary of State; and

(b) in relation to land held by statutory undertakers, the authorisation of the Secretary of State and the appropriate Minister.

(6) In exercising the powers of this section to survey land held by a local authority or statutory undertakers a person to whom subsection (1) above applies shall comply with all reasonable conditions imposed by the authority or undertakers with regard to the entry on, surveying of, searching or boring on or in the land, or placing or leaving on, or removal of apparatus from the land.

1950 c. 39.

(7) Where it is proposed to search or bore in pursuance of this section in a street or controlled land within the meaning of the Public Utilities Street Works Act 1950, section 26 of that Act (which imposes obligations on undertakers executing works likely to affect other undertakers' apparatus) shall have effect in relation to the searching or boring as if it were works to which that section applies and as if the person intending to do the searching or boring were operating undertakers within the meaning of that section.

(8) If, in connection with such a proposal of a corporation as is mentioned in subsection (1)(a) above, a person interested in any land suffers damage in consequence of the exercise of a power conferred by subsection (1) or (4)(b) above or a failure


[page 149]

to perform the duty imposed by subsection (4)(d) above in respect of the land, he shall be entitled to recover compensation for the damage from the corporation.

1961 c. 33.

(9) Any dispute as to a person's entitlement to compensation in pursuance of subsection (8) above or as to the amount of the compensation shall be determined by the Lands Tribunal, and sections 2(2) to (5) and 4 of the Land Compensation Act 1961 (which relate to the conduct of certain proceedings before the Tribunal and costs) shall with the necessary modifications apply in relation to the determination by the Tribunal of such a dispute.

(10) If a person -

(a) wilfully obstructs another person in the exercise of a power conferred on the other person by subsection (1) or (4)(b) above; or

(b) while another person is on any land in pursuance of the said subsection (4)(b), wilfully obstructs him in doing things connected with the survey in question; or

(c) removes or otherwise interferes with apparatus left on or in land in pursuance of this section,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

(11) If a person who has entered on any land in pursuance of this section discloses to another person information obtained by him there about a manufacturing process or trade secret, then, unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter on the land, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.

(12) It is hereby declared that references to surveying in this section include references to surveying from the air.

(13) In the application of this section to Scotland, for the reference in subsection (9) to the Lands Tribunal there shall be substituted a reference to the Lands Tribunal for Scotland, and for the reference in that subsection to sections 2(2) to (5) and 4 of the

1963 c. 51.

Land Compensation Act 1961 there shall be substituted a reference to sections 9(2) to (5) and 11 of the Land Compensation (Scotland) Act 1963 (which make similar provision for Scotland).

(14) In this section -

"the statutory maximum", in relation to a fine on summary conviction, means -
1977 c. 45.
(a) in England and Wales, the prescribed sum within the meaning of section 28 of the Criminal Law Act 1977 (at the passing of this Act £1,000); and

[page 150]

1975 c. 21.

(b) in Scotland, the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975 (at the passing of this Act £1,000); and
"the Valuation Office" means the Valuation Office of the Inland Revenue Department.
1977 c. 45. 1980 c. 43.

(15) The reference to section 28 of the Criminal Law Act 1977 in subsection (4) above shall be construed after the commencement of the Magistrates' Courts Act 1980 as a reference to section 32 of that Act.

Service of notices.

168.-(1) This section has effect in relation to any notice required or authorised by this Part of this Act to be served on any person by an urban development corporation.

(2) Any such notice may be served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

(3) Any such notice may -

(a) in the case of a body corporate, be given to or served on the secretary or clerk of that body;

(b) in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.

1978 c. 30.

(4) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to or on whom a notice is to be given or served shall be his last known address, except that -

(a) in the case of a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of that body;

(b) in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.

(5) If the person to be given or served with any notice mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that notice, that address shall also be treated


[page 151]

for the purposes of this section and section 7 of the

1978 c. 30.

Interpretation Act 1978 as his proper address.

(6) If the name or address of any owner, lessee or occupier of land to or on whom any notice mentioned in subsection (1) above is to be served cannot after reasonable inquiry be ascertained, the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

Ecclesiastical property.

169.-(1) Where the fee simple of any ecclesiastical property is in abeyance, it shall be treated for the purposes of a compulsory acquisition of the property under this Part of this Act as being vested in the Church Commissioners, and any notice to treat shall be served, or be deemed to have been served, accordingly.

(2) Where under this Part of 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 Church Commissioners.

(3) This section does not extend to Scotland.

Interpretation: statutory undertakers etc.

170.-(1) In this Part of this Act, unless the context otherwise requires, "statutory undertakers" means -

(a) persons authorised by any enactment to carry on any, railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water,

(b) the British Airports Authority, the Civil Aviation Authority, the National Coal Board, the Post Office and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of the 1971 Act or of the 1972 Act,

(c) any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph, and

(d) any wholly-owned subsidiary (within the meaning assigned by section 150(4) of the Companies Act 1948) of any person, authority, body or undertakers mentioned in paragraphs (a) and (b) above or specified in an order made under paragraph (c) above,

and "statutory undertaking" shall be construed accordingly.


[page 152]

(2) In section 141 above "statutory undertakers" also includes British Shipbuilders, the British Steel Corporation and the National Enterprise Board, and any wholly-owned subsidiary (within the meaning assigned by section 150(4) of the Companies Act 1948) of any of them.

(3) In this Part of this Act the expression "the appropriate Minister", and any reference to the Secretary of State and the appropriate Minister -

(a) in relation to any statutory undertakers who are also statutory undertakers for the purposes of any provision of Part XI of the 1971 Act or Part XI of the 1972 Act, shall have the same meanings as in the said Part XI, and

(b) in relation to any other statutory undertakers, shall have the meanings given by an order made by the Secretary of State under this subsection.

(4) If, in relation to anything required or authorised to be done under this Part of this Act, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(5) An order made under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation: general.

171. In this Part of this Act, except in so far as the context otherwise requires -

"ecclesiastical property" means land belonging to an ecclesiastical benefice, or being or forming part of a church subject to the jurisdiction of a bishop, of any diocese or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction;
1946 c. 49.
"the 1946 Act" means the Acquisition of Land (Authorisation Procedure) Act 1946;
1947 c. 42.
"the 1947 Act" means the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
1971 c. 78.
"the 1971 Act" means the Town and Country Planning Act 1971;
1972 c. 52.
"the 1972 Act" means the Town and Country Planning (Scotland) Act 1972;

"urban development area" means an area designated by an order under section 134 above;

"urban development corporation" means a corporation established by an order under section 135 above.

Extent of Part XVI.

172. This Part of this Act (except paragraph 18 of Schedule 26) does not extend to Northern Ireland.


[page 153]

PART XVII

CARAVAN SITES

Duty of local authorities to provide caravan sites for gipsies.

173. There are hereby repealed -

(a) in subsection (2) of section 6 of the Act of 1968 (limitation of duty to provide adequate accommodation for gipsies and provision for exemption), the words from "and the Minister" to the end; and

(b) section 190(2) of the Local Government Act 1972 (certain exemptions from the duty mentioned in paragraph (a) above to be continued in force).

Removal of unlawfully parked caravans and their occupants.

174. For section 11 of the Act of 1968 (removal of unlawful encampments), there is substituted the following section:-

"Orders for removal of unlawfully parked caravans and their occupants.

11.-(1) In any area to which section 10 of this Act applies, a magistrates' court may, on a complaint made by a local authority, and if satisfied that a caravan is stationed on land within that Authority's area in contravention of that section, make an order requiring any caravan (whether or not identified in the order) which is so stationed on the land to be removed together with any person residing in it.

(2) An order under this section may authorise the local authority to take such steps as are reasonably necessary to ensure that the order is complied with and in particular, may authorise the authority, by its officers and servants -

(a) to enter upon the land specified in the order; and

(b) to take, in relation to any caravan to be removed pursuant to the order, such steps for securing entry and rendering it suitable for removal as may be so specified.

(3) The local authority shall not enter upon any occupied land unless they have given to the owner and occupier at least 24 hours notice of their intention to do so, or unless after reasonable inquiries they are unable to ascertain their names and addresses.

(4) A person who intentionally obstructs any person acting in the exercise of any power conferred on him by an order under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.


[page 154]

(5) A constable in uniform may arrest without warrant anyone whom he reasonably suspects to be guilty of an offence under this section.

(6) Where a complaint is made under this section, a summons issued by the court requiring the person or persons to whom it is directed to appear before the court to answer to the complaint may be directed -

(a) to the occupant of a particular caravan stationed on the land in question; or

(b) to all occupants of caravans stationed there, without naming him or them.

(7) Where it is impracticable to serve such a summons on a person named in it, it shall be treated as duly served on him if a copy of it is fixed in a prominent place to the caravan concerned; and where such a summons is directed to the unnamed occupants of caravans, it shall be treated as duly served on those occupants if a copy of it is fixed in a prominent place to every caravan stationed on the land in question at the time when service is thus effected.

(8) The local authority shall take such steps as may be reasonably practicable to secure that a copy of any such summons is displayed on the land in question (otherwise than by being fixed to a caravan) in a manner designed to ensure that it is likely to be seen by any person camping on the land.

(9) Notice of any such summons shall be given by the local authority to the owner of the land in question and to any occupier of that land unless, after reasonable inquiries, the authority is unable to ascertain the name and address of the owner or occupier; and the owner of any such land and any occupier of any such land shall be entitled to appear and to be heard in the proceedings.

(10) Section 55(2) of the Magistrates' Courts Act 1980 (warrant for arrest of defendant failing to appear) does not apply to proceedings on a complaint made under this section.".

Designation of areas for purpose of making unauthorised camping unlawful.

175.-(1) For section 12 of the Act of 1968 (designation of areas of counties and London boroughs as areas to which provisions of section 10 of that Act prohibiting unauthorised camping apply) there is substituted the following section:

"Designation of areas.

12.-(1) Subject to subsection (3) below, the Minister may by order made on the application of a county council or London borough council designate


[page 155]

the area of that council as an area to which section 10 of this Act applies.

(2) Subject to subsection (3) below, the Minister may by order made on the joint application of a county council and one or more councils of districts within that county designate the area of the district or, as the case may be, the combined areas of the districts, as an area to which section 10 of this Act applies.

(3) The Minister shall not make an order under subsection (1) or (2) above in respect of any area unless it appears to him either that adequate provision is made in the area for the accommodation of gipsies residing in or resorting to the area, or that in all the circumstances it is not necessary or expedient to make any such provision.

(4) An order under this section may be revoked by an order made by the Minister, either on the application of the authority or authorities which made the original application or without such an application.

(5) The power of the Minister to make orders under this section shall be exercisable by statutory instrument; and any statutory instrument made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Where an order under this section is made in respect of any area it shall be the duty of the county council for that area or, as the case may be, the London borough council concerned to take such steps as are reasonably practicable to inform gipsies within the area of the making and effect of the order.".

1972 c. 70.

(2) Where by virtue of the Local Government Act 1972 (which, among other things, reorganised local authority areas) a designation made before 1st April 1974 under section 12 of the 1968 Act as originally enacted (and not revoked) relates to part only of the area of a county, any order which is made on the application of the council of that county under subsection (1) or (2) of the section substituted for section 12 of the 1968 Act by subsection (1) above shall be made to extend only to an area which does not include the area designated before 1st April 1974.


[page 156]

Site licences: exemption for sites provided for gipsies by county councils or regional councils.

176. In Schedule 1 to the Act of 1960 (cases where site licence is not required), the following is inserted after paragraph 11:-

"Gipsy sites occupied by county councils or regional councils

11A. A site licence shall not be required for the use of land occupied by a county council, or in Scotland by a regional council, as a caravan site providing accommodation for gipsies.".

Interpretation of Part XVII.

177. In this Part of this Act -

1960 c. 62.

"the Act of 1960" means the Caravan Sites and Control of Development Act 1960;
1968 c. 52.
"the Act of 1968" means the Caravan Sites Act 1968;

"caravan" has the same meaning as in the Act of 1960; and

"gipsy" has the same meaning as in the Act of 1968.

Commencement and extent of Part XVII.

178.-(1) Section 174 of this Act shall commence at the expiry of the period of three months beginning with the date on which this Act is passed.

(2) In section 173 above, the repeal effected by paragraph (b) shall not take effect until the expiry of the period of 12 months beginning with the date on which this Act is passed.

(3) Subject to subsections (1) and (2) above, this Part of this Act shall commence at the expiry of the period of one month beginning with the date on which this Act is passed.

(4) Sections 173, 174 and 175 above do not extend to Scotland.

PART XVIII

ENTERPRISE ZONES

Enterprise zones.

179. Schedule 32 below (which makes special provision about planning and rates in zones designated under the Schedule) shall have effect.

PART XIX

MISCELLANEOUS AND SUPPLEMENTARY

Honorary freemen

Honorary freemen. 1972 c. 70.

180. In section 249(5) of the Local Government Act 1972 after "royal borough" where it first occurs insert "or any parish or community having by grant under the royal prerogative the status of city and any parish or community entitled by such grant to be called and styled a royal town", and after the further references to "royal borough" in that subsection and in section 249(6) insert "or parish or community as aforesaid.".


[page 157]

Land drainage

Precepts on local authorities for land drainage. 1976 c. 70

181.-(1) In subsection (5) of section 46 of the Land Drainage Act 1976 (by virtue of which the aggregate amount for which precepts in respect of the expenses of a local land drainage district may be issued for anyone financial year to a local authority may not, unless special consent has been obtained, exceed 1.7 times the estimated penny rate product for the relevant area of the authority for that year) for the words from "1.7" to the end there shall be substituted the words "the amount calculated by multiplying the estimated penny rate product for the relevant area of the authority for that year by such number as the Ministers may specify by order made for the purposes of this subsection".

(2) In subsection (6) of that section (effect of special resolution) for the words from "1.7" to "area" there shall be substituted the words "the amount calculated by multiplying the estimated penny rate product for the relevant area of that authority for that year by such number as the Ministers may specify by order made for the purposes of this subsection".

(3) Accordingly, in section 109 of that Act (regulations and orders) -

(a) in subsection (2), after the words "under section" there shall be inserted the words "46 or"; and

(b) in subsection (3), after the word "27," there shall be inserted the word "46,".

1967 c. 9.

(4) The amendments made by this section shall have effect in relation to every rate period, within the meaning of the General Rate Act 1967, beginning with such rate period as the Ministers may by order made by statutory instrument specify.

(5) An order under subsection (4) above shall not specify a rate period beginning before 1st April 1981.

Rateable values.

182. Subsection (8) of section 65 of the Land Drainage Act 1976 (by virtue of which the rateable value of any land shall be construed, where that value differs from the net annual value, as referring to the net annual value) shall cease to have effect.

Social services

Relaxation of Ministerial controls over social services. 1970 c. 42

183.-(1) The following section shall be substituted for section 3 of the Local Authority Social Services Act 1970 (under which no matter, other than a matter which by virtue of section 2 of that Act stands referred to a local authority's social services committee may be referred to or dealt with by the committee except with the consent of the Secretary of State):-

Business of Social Services Committee.

3.-(1) A local authority may delegate to their social services committee any of their functions matters relating to which stand referred to the com-


[page 158]

mittee by virtue of section 2 of this Act (hereafter in this Act referred to as "social services functions") and, before exercising any of those functions themselves, the authority shall (unless the matter is urgent) consider a report of the committee with respect to the matter in question.

(2) Nothing in section 2 of this Act prevents a local authority from referring to a committee other than their social services committee a matter which by virtue of that section stands referred to the social services committee and which in the authority's opinion ought to be referred to the other committee on the ground that it relates to a general service of the authority; but before referring any such matter the authority shall receive and consider a report of the social services committee with respect to the subject matter of the proposed reference.".

(2) The following section shall be inserted after that section:-
"Power of local authority to refer or delegate to social services committee.

3A. A local authority may refer to their social services committee any matter which in their view may appropriately be referred to that committee, but which would not otherwise stand referred to that committee by virtue of this Act, and may delegate to that committee any of their functions relating to a matter so referred.".

(3) Section 6(3) and (4) of that Act (which give the Secretary of State power to make regulations prescribing the qualifications requisite for a person's appointment as a local authority's director of social services and make provision for his concurrence in such appointments, until regulations are made) shall cease to have effect.

Commissioners for local administration

Disclosure of information to Commissioners etc. 1974 c. 7.

184.-(1) In subsection (3) of section 32 of the Local Government Act 1974 (which empowers a Minister of the Crown or an authority subject to investigation to give notice to a Local Commissioner that in the opinion of the Minister or authority disclosure of certain documents or information would be contrary to the public interest and which prevents any person from communicating any such document or information to any other person, or for any purpose) for the words "any person" there shall be substituted the words "the Local Commissioner or any member of the staff of a Commission who is allocated to assist him".

1975 c. 30.

(2) In subsection (3) of section 30 of the Local Government (Scotland) Act 1975 (which makes similar provision for Scotland) for the words "any person" there shall be substituted the words "the Commissioner or any member of his staff".


[page 159]

Pleasure boats

Pleasure boats bye laws.

185.-(1) Subject to the provisions of this section, any of the following authorities, namely -

(i) a district council;

(ii) a London borough council;

(iii) the Common Council of the City of London,

may make byelaws -
(a) for regulating the numbering and naming of pleasure boats and vessels which are let for hire to the public and the mooring places for such boats and vessels; and

(b) for fixing the qualifications of the boatmen or other persons in charge of such boats or vessels; and

(c) for securing their good and orderly conduct while in charge.

(2) No authority mentioned in subsection (1) above shall have power to make byelaws under that subsection in relation to pleasure boats or vessels operating -
(a) on any water owned or managed by the British Waterways Board;
1963 c. 38.
(b) on any inland waters, as defined in section 135(1) of the Water Resources Act 1963, in respect of which a water authority may make byelaws under section 79 of that Act;

(c) subject to subsection (3) below, on any canal or other inland navigation which a navigation authority, as defined in section 135(1) of the Water Resources Act 1963, are required or empowered to manage or maintain under any enactment; or

1964 c. 40.
(d) on any harbour maintained or managed by a harbour authority, as defined in section 57(1) of the Harbours Act 1964.
(3) Subsection 2(c) above does not preclude a local authority making byelaws under subsection (1) above in relation to pleasure boats or vessels operating on any canal or inland navigation which they themselves are required or empowered to manage or maintain.

Amendment of s. 94 of the Public Health Acts (Amendment) Act 1907. 1907 c. 53

186. The following subsections shall be added at the end of section 94 of the Public Health Acts (Amendment) Act 1907 -

"(8) No licence under this section shall be required in respect of pleasure boats and pleasure vessels on any canal owned or managed by the British Waterways Board.

(9) In subsections (1) and (3) of this section "let for hire" means let for hire to the public.".


[page 160]

Miscellaneous

Amendment of s. 127 of Highways Act 1959. 1959 c. 25

187. In section 127 of the Highways Act 1959 the words "or a gipsy" shall be omitted.

Removal of Ministerial control of crematoria. 1952 c. 31.

188. So much of section 1 (1) of the Cremation Act 1952 as requires that the site and plans of a crematorium shall be approved by the Secretary of State shall cease to have effect.

Abolition of Clean Air Councils. 1956 c. 52

189. Section 23 of the Clean Air Act 1956 (which provides for the appointment of the Clean Air Council and the Clean Air Council for Scotland) shall cease to have effect and the Councils shall cease to exist accordingly.

Removal of restrictions on publicity for Greater London. 1963 c. 33. 1972 c. 70

190. Section 73 (2) of the London Government Act 1963 and section 144(3) of the Local Government Act 1972 (which restrict the powers of local authorities in Greater London to give publicity to its commercial and industrial advantages) shall cease to have effect.

Amendments of Inner Urban Areas Act 1978. 1978 c. 50

191.-(1) The following subsection shall be substituted for subsection (3) of section 6 of the Inner Urban Areas Act 1978 (which limits the amount of a grant under that section for converting or improving a building to 50 per cent. of the cost of carrying out the works or a fixed amount for each job which, in the opinion of the authority making the grant, is likely to be created or preserved as a result of the carrying out of the works, whichever is the less):-

"(3) The amount of a grant under this section shall not exceed 50 per cent. of the cost of carrying out the works.".
(2) The following sub-paragraph shall be substituted for paragraph 2(1) of the Schedule to that Act (Secretary of State's notification that all or part of an improvement area is no longer to be such an area):-
"2.-(1) If the area declared to be an improvement area by a resolution under paragraph 1(1) above is wholly or partly included in an area of land designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the Secretary of State, if it appears appropriate to him -
(a) may at any time before the resolution takes effect send to the authority a notification that the land included in the urban development area is not to be or to be included in the improvement area by virtue of the resolution; and

(b) may at any time after the resolution takes effect, send them a notification that the land included


[page 161]

in the urban development area is no longer to be or to be included in the improvement area by virtue of it.".
Supplementary

Finance - general.

192. There shall be paid out of money provided by Parliament any increase in money so payable under any other Act which is attributable to the provisions of this Act.

Minor and consequential amendments.

193. The enactments specified in Schedule 33 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

Repeals.

194. The enactments specified in Schedule 34 to this Act (which include enactments which were obsolete or unnecessary before the passing of this Act) are repealed to the extent specified in the third column of that Schedule.

Scotland.

195.-(1) Parts IV, V, IX, XII, XIV, XV and XVII of this Act apply to Scotland to the extent specified in sections 27, 47, 92. 111, 125, 133 and 178 respectively.

(2) Parts VI, VIII and X of this Act do not apply to Scotland.

(3) In this Part of this Act sections 180, 181,183, 185, 186 and 190 do not extend to Scotland.

Northern Ireland.

196. The following provisions of this Act extend to Northern Ireland, that is to say -

section 101;

section 123; in Schedule 17, so much of paragraph 5 as relates to section 123;

in Schedule 22, paragraph 15;

in Schedule 26, paragraph 18;

so much of Part XI of Schedule 34 as repeals any enactment which extends to Northern Ireland;

but except as aforesaid, and except so far as it relates to the commencement of those provisions, this Act does not extend to Northern Ireland.

Citation.

197. This Act may be cited as the Local Government. Planning and Land Act 1980.


[page 162]

SCHEDULES

SCHEDULE 1

Section 1(1).

PROVISIONS TO WHICH SECTION 1(1) REFERS

Prevention of Damage by Pests Act 1949 (c. 55)

1. Section 2 (power to direct keeping of records etc.).

2. Section 12 (directions).

Rag Flock and Other Filling Materials Act 1951 (c. 63)

3. Section 6 (appeals).

4. Section 7 (appeals).

5. Section 15 (regulations about fees for tests).

Food and Drugs Act 1955 (4 & 5 Eliz. 2) (c.16)

6. Section 99 (requirement to transmit copy of public analyst's report to Minister).

7. Section 109 (institution of proceedings).

Agriculture Act 1970 (c. 40)

8. Section 67 (reports).

9. Section 80 (institution of prosecutions).

Local Government Act 1972 (c. 70)

10. Section 138 (emergencies and disasters).

Slaughterhouses Act 1974 (c. 3)

11. Section 2 (regulations).

12. Section 12(1) (requirement to make byelaws).

13. Section 16(1)(a) (requirement to make byelaws).

SCHEDULE 2

Section 1(2).

RELAXATION OF CONTROLS OVER FUNCTIONS RELATING TO CLEAN AIR AND POLLUTION

Clean Air Act 1956 (c. 52)

1. The following provisions, namely -

(a) section 4 (regulations about density meters);

(b) section 6(3), (reference to Secretary of State of applications for approval of plant for arresting grit and dust),

shall cease to have effect.

2. In section 11 (smoke control), except in its application -

(a) to orders made but not confirmed before the passing of this Act; and

[page 163]

(b) to orders made after the passing of this Act which revoke or vary orders made before its passing,
the following words -
(i) in subsection (1), "confirmed by the Minister";

(ii) in subsection (5), "and confirmed", in both places where they occur;

(iii) in subsection (6), "confirmation and",

shall cease to have effect; and accordingly, in sections 12(1) and 15(1), except in their applications to such orders, the words "making of an order" shall be substituted for the words "confirmation of an order made".

1936 c. 49.

3.-(1) In section 31(6), (application of Public Health Act 1936 &c.) the words from "or", in the second place where it occurs, to the end shall cease to have effect.

(2) Sub-paragraph (1) above shall not apply to Scotland.

4. Section 35(4) (power to repeal local statutory provisions) shall cease to have effect.

5. The following Schedule shall be substituted for Schedule 1 (smoke control orders) except in relation -

(a) to orders made but not confirmed before the passing of this Act; and

(b) to orders made after the passing of this Act which revoke or vary orders made before its passing:-

"

SCHEDULE 1

COMING INTO OPERATION OF ORDERS OF LOCAL AUTHORITIES UNDER SECTION ELEVEN

1. Before making an order under section 11 of this Act the local authority shall publish in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate a notice -

(a) stating that the local authority propose to make the order, and its general effect;

(b) specifying a place in the district of the local authority where a copy of the order and of any map or plan referred to in it may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the last publication of the notice; and

(c) stating that within the said period any person who will be affected by the order may by notice in writing to the local authority object to the making of the order.

2. Besides publishing such a notice, the local authority shall post, and keep posted throughout the said period, copies of the notice in such number of conspicuous places within the area to which the order will relate as appear to them necessary for the purpose of bringing the proposal to make the order to the notice of persons who will be affected.

[page 164]

3. If an objection is duly made to the local authority within the said period, and is not withdrawn, the local authority shall not make the order without first considering the objection.

4. Subject to paragraphs 5 and 6 below, an order shall come into operation on such date not less than six months after it is made as may be specified in it.

5. An order varying a previous order so as to exempt specified buildings or classes of building or specified fireplaces or classes of fireplace from the operation of section 11 of this Act may come into operation on, or at any time after, the date on which it is made.

6. If, before the date on which the order is to come into operation, the local authority -

(a) pass a resolution postponing its coming into operation; and

(b) publish a notice stating the effect of the resolution in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate,

the order shall, unless its coming into operation is again postponed under this paragraph, come into operation on the date specified in the resolution.

7. In the application of this Schedule to Scotland, for any reference to the London Gazette there shall be substituted a reference to the Edinburgh Gazette.".

Clean Air Act 1968 (c. 62)

6. In the Clean air Act 1968 -

(a) in section 3(5) (fittings for new furnaces) for the words "(3) to" there shall be substituted the words "(4) and"; and

(b) the following provisions, namely

(i) section 4(3) (exemptions);

(ii) section 6(3) (applications for approval of height of chimneys) and

(iii) section 14(3) (repeal of local Acts),

shall cease to have effect.

Control of Pollution Act 1974 (c. 40)

7. In section 2 -

(a) in subsection (2) (waste disposal plans; power to modify required contents by regulations) omit the words from "but provision may be made by regulations" to the end;

. (b) in subsection (3)(a) (duty to consult) in paragraph (vi) omit "and such other persons as are prescribed";

(c) omit subsection (7) (power of Secretary of State to give authority direction as to the time by which it is to perform duty).


[page 165]

8. In section 5 -

(a) in subsection (1) (application for disposal licence to be made in writing and include prescribed information) omit "and include such information as is prescribed";

(b) in subsection (2) (disposal licences and planning) omit the words from "but provision may be made by regulations" to the end;

(c) in subsection (4)(a) (disposal authority to refer proposal to certain persons) omit "and to any other prescribed person"; and

(d) in subsection (5)(a) (which makes similar provision in relation to Scotland) omit "and

(iii) any other prescribed person;".
9.-(1) The following provisions (which relate to procedural matters connected with waste disposal) shall cease to have effect, namely -
(a) in section 6(1), the words "as to the conditions which are or are not to be specified in a disposal licence, and"; and

(b) in section 11(3)(c) and (4)(a) the words "and to any other prescribed person".

(2) in section 6(4)(a), for "prescribed particulars" substitute "copies".

(3) In section 11(10) for "particulars" substitute "copies".

10.-(1) The following subsections shall be substituted for subsection (1) of section 13 (dustbins etc.):-

"(1) Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice.

(1A) A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £100."

(2) In subsection (3) of that section -
(a) for the words "the kind or number of the receptacles required by" there shall be substituted the words "any requirement specified in"; and

(b) in paragraph (c), for the words "the kind or number of receptacles" there shall be substituted the words "any requirement".

(3) The following subsections shall be substituted for subsection (5):-
"(5) If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste

[page 166]

or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by a notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice.

(5A) A person who fails to comply with any requirement specified in a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £100.".

(4) In subsection (6), for the words "the kind or number of receptacles" there shall be substituted the words "any requirement".

(5) The following subsections shall be substituted for subsection (7):-

"(7) A notice under subsection (1) or (5) of this section may make provision with respect to -
(a) the size, construction and maintenance of receptacles for controlled waste;

(b) the placing of the receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;

(c) the placing of the receptacles for that purpose on highways;

(d) the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and

(e) the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises.

(7A) A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on a highway unless -
(a) the relevant highway authority have given their consent to their being so placed; and

(b) arrangements have been made as to the liability for any damage arising out of their being so placed."

11.-(1) In section 23 (prohibition of parking to facilitate street cleaning) for subsection (2), substitute -
"(2) Such a notice must specify the relevant area, the relevant day and the hours in question; and a copy of the notice must -
(a) be served on the occupier of any premises adjoining the relevant area; and

(b) be conspicuously displayed at places in the relevant area.

(2A) The effect of the giving of such a notice and of the service and display of copies of it as required by subsection (2) of this

[page 167]

section shall be to suspend during the hours of the relevant day specified in the notice the operation of any provision which is contained in an order under the Road Traffic Regulation Act 1967 or a local enactment and which authorises, designates or regulates the use of a street parking place in the relevant area.

(2B) The authority giving the notice shall cover up traffic signs and parking meters in the relevant area during the hours of the relevant day specified in the notice, but without prejudice to the effect of the notice.".

(2) Omit section 23(3).

(3) For subsection (5) substitute:-

"(5) If, either before or during the hours on the relevant day which are specified in a notice given by an authority as mentioned in subsection (1) of this section, the authority displays notices in the relevant area stating that the prohibition on parking is not to come into force or is to cease to be in force, the effect of the notices under this subsection shall be to prevent the prohibition coming into force or, as the case may be, to terminate it.".
(4) After subsection (6) insert:-
"(6A) No authority shall issue a notice under this section whose effect would be to suspend the operation of provisions of an order not made by the highway authority without first consulting the authority who made the order.".
(5) After subsection (8) insert:-
"(9) In this section "parking meter", "street parking place" and "traffic sign" have the meanings respectively assigned to them by sections 36(2)(a), 104(1) and 54 of the Road Traffic Regulation Act 1967.".
12. In section 27(1)(b) (interference with receptacles for waste) for "regulations made by virtue of section 13(7)" substitute "a notice under section 13(1) or (5)".

13. In section 28(1), (supplementary provisions relating to pipes), omit "in the prescribed form".

14. In section 63 (designation of noise abatement zones), except in its application to orders made but not confirmed before the passing of this Act, omit the following words -

(a) in subsection (1), "confirmed by the Secretary of State";

(b) in subsection (3), "and confirmed", in both places where they occur; and

(c) in subsection (4), "confirmation and".

15. Omit section 73(2)(a) (determination by Secretary of State of questions as to local authority area).

16. In section 79(5), (disclosure of trade secrets) omit "or with the consent of the Secretary of State".


[page 168]

17. In section 90(2)(b), (interest on sums payable to water or other authorities) for the words from "the rate", in the first place where they occur, to the end substitute "such reasonable rate or rates as the authority may determine".

18. For Schedule 1 substitute -

"SCHEDULE 1

NOISE ABATEMENT ZONES

1. Before making a noise abatement order the local authority -

(a) shall serve on every owner, lessee and occupier (other than tenants for a month or any period less than a month) of any of the premises within the area and of a class to which the order will relate; and

(b) shall publish in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate,

a notice complying with the requirements set out in the following paragraph.

2. The requirements referred to in the preceding paragraph are that the notice -

(a) shall state that the local authority propose to make the order, and its general effect;

(b) shall specify a place in the area of the local authority where a copy of the order and of any map or plan referred to in it may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the last publication of the notice; and

(c) shall state that within the said period any person who will be affected by the order may by notice in writing to the local authority object to the making of the order.

3.-(1) If an objection is duly made to the local authority within the said period, and is not withdrawn, the local authority shall not make the order without first considering the objection.

(2) The local authority may make the order without complying with sub-paragraph (1) of this paragraph if they are satisfied that compliance is unnecessary having regard -

(a) to the nature of the premises to which the order will relate when it comes into force; or

(b) to the nature of the interests of the persons who have made objections which have not been withdrawn.

(3) Where the order varies or revokes a previous order, the local authority may, in acting under this paragraph disregard any objection to the order which in their opinion amounts in substance to an objection which was made to the previous order.

[page 169]

4.-(1) Subject to paragraph 5 below, an order shall come into operation on such date after it is made as may be specified in it.

(2) Except in the case of an order revoking an existing order or varying an existing order by excluding from it any specified class of premises, the date specified under sub-paragraph (1) above shall not be a date earlier than one month from the date on which the order is made.

5. If, before the date on which the order is to come into operation, the local authority -

(a) passes a resolution postponing the coming into operation of the order; and

(b) publishes a notice stating the effect of the resolution in the London Gazette and once at least in each of two successive weeks in a newspaper circulating in the area to which the order relates,

the order shall, unless there is a further postponement under paragraph (a) above, come into operation on the date specified in the resolution.".

SCHEDULE 3

Section 1(3).

RELAXATION OF CONTROLS OVER FUNCTIONS RELATING TO AMENITY ETC.

Commons Act 1876 (c. 56)

1. Omit section 8 (suburban commons procedure).

Commons Act 1899 (c. 30)

2.-(1) In section 2 (procedure for making schemes) -

(a) in subsection (1), omit the second sentence;

(b) in subsection (2), for "Board of Agriculture" substitute "council";

(c) in subsection (3), for "Board of Agriculture" and "Board" substitute "council";

(d) in subsection (4), for "Board of Agriculture" and for "Board", in both places where it occurs, substitute "Council".

(2) Accordingly, for section 11 substitute -
"11. All expenses of and incidental to the preparation and execution of a scheme under this Part of this Act shall be paid by the district council.".
3. In section 12 (contributions towards expenses) omit the words "and subject to the approval of the Local Government Board".

National Parks and Access to the Countryside Act 1949 (c. 97)

4. Omit section 37 (power of Minister to expedite maps etc.).

5. In section 61(3), omit paragraph (b) of the proviso (directions as to application of enactments).


[page 170]

6. Omit section 62(4) (reviews of access requirements) and accordingly -

(a) in subsection (2), for the words from "forward" to the end substitute "publish a notice containing a statement of their opinion"; and

(b) in subsection (3), for "Minister" substitute "authority".

7. For section 69 substitute -
"Suspension of public access to avoid exceptional risk of fire.

69. If, upon application made to the county planning authority by any person interested in land comprised in an access agreement or order, or by any other person appearing to that authority to have a sufficient interest in the matter, the authority are satisfied that, by reason of any exceptional conditions of weather for the time being prevailing, access by the public to the land or any part of it is likely to result in fires occurring on it, the authority may direct that subsection (1) of section 60 of this Act shall not have effect in relation to the land during such period as may be specified in the direction.".

8. Omit section 79 (access to woodlands).

9. In section 80(3), (variation of access agreements) omit "made with the approval of the Minister".

Caravan Sites and Control of Development Act 1960 (c. 62)

10.-(1) In section 3(2) (issue of site licences by local authorities) for the words from "particulars" to the end substitute "other information as they may reasonably require.".

(2) In subsections (4) and (5), for "particulars prescribed under" substitute "information required by virtue of".

London Government Act 1963 (c. 33)

11. For section 58(1) (parks and open spaces) substitute -

"(1) The Open Spaces Act 1906, except section 14, shall have effect as if the London borough councils and the Greater London Council were included among the local authorities to whom it applies."
Countryside Act 1968 (c. 41)

12. Omit section 17 (access orders: agricultural land).

Caravan Sites Act 1968 (c. 52)

13. For section 9 substitute -

"Power of Secretary of State to direct local authorities to provide sites.

9. The Secretary of State may, if at any time it appears to him to be necessary so to do, give directions to any local authority to which subsection (1) of section 6 of this Act applies requiring them to provide, pursuant to that section, such sites or additional sites, for the accommodation of such numbers of caravans, as may be specified in the directions; and any such directions shall be enforceable, on the application of the Secretary of State, by mandamus.".


[page 171]

Refuse Disposal (Amenity) Act 1978 (c. 3)

14. In section 3(2) (which empowers a local authority to give notice in the prescribed manner that they propose to remove an abandoned motor vehicle but provides that they shall not be entitled to remove it if the person to whom the notice is given objects to their proposal in the prescribed manner and within the prescribed period) omit "in the prescribed manner" and "in the prescribed manner and".

15. Omit section 4(4) (under which the Secretary of State may by regulations require a local authority by whom a vehicle is disposed of to give such information relating to the disposal as may be prescribed to such person as may be prescribed).

16. In section 6(2) (under which a local authority are not entitled to exercise their power to remove refuse other than motor vehicles which is situated on land appearing to the authority to be occupied by any person unless they have given him notice in the prescribed manner that they propose to remove it and he has failed to object to the proposal in the prescribed manner and within the prescribed period) omit "in the prescribed manner" and "in the prescribed manner and".

SCHEDULE 4

Section 1(4).

RELAXATION OF CONTROLS OVER FUNCTIONS RELATING TO WEIGHTS AND MEASURES AND TRADE

Shops Act 1950 (c. 28)

1.-(1) In section 8(1) (closing orders) omit the words "and confirmed by the Secretary of State in manner provided by this Act".

(2) In section 9 (procedure for making closing orders) omit - (a) in subsection (2), the words from "and the order" to the end, and

(b) subsection (3). (3) Omit section 10 (local inquiries for purpose of promoting and facilitating early closing).

(4) For section 11, substitute -

"Revocation of closing orders.

11. A local authority may at any time revoke a closing order either absolutely or, if it is made to appear to the satisfaction of the authority that the occupiers of a majority of any class of shop to which the order applies are opposed to the continuance of the order, so far as it affects that class of shop, but any such revocation shall be without prejudice to the making of any new closing order.".

Weights and Measures Act 1963 (c. 31)

2. In section 5(1) (working standards and testing and stamping equipment) for the words "the Board may from time to time approve or require as being" there shall be substituted the word "are".


[page 172]

3. In section 5(1A), omit "with the approval of the Secretary of State".

4. For section 5(2) substitute -

"(2) If a local weights and measures authority are of opinion -
(a) that any particular description of testing equipment is proper and sufficient for the efficient discharge of the functions of the inspectors appointed for the authority's area; but

(b) that, having regard to the expenditure involved and the frequency with which such equipment is likely to be used by those inspectors,

it would not be reasonable to provide and maintain such equipment, the authority may request the Secretary of State to provide, maintain and make such equipment available for hire to the authority.

(2A) The terms of hire of equipment under subsection (2) above shall be such as the Secretary of State may determine.".

5. In section 11(3), (fees for testing equipment), for "the prescribed fee" substitute "such reasonable fees as the local weights and measures authority may determine."

6. Omit section 39(3), (4) and (5) (default powers).

7. In section 41(2), (notice of appointment as inspector of weights and measures or of a person ceasing to hold that office to be given to the Secretary of State) omit the words from "and notice" to the end.

8. In section 43(1), (which provides for the payment of fees where inspectors perform additional functions) for "fees in connection therewith as may be prescribed" substitute "reasonable fees as they may determine in connection with it".

9. For section 47A substitute -

"Fees for performance of Community obligations.

47A A local weights and measures authority may charge such reasonable fees as they may determine for services or facilities provided by them or by the inspectors appointed for their area, or for authorisations, certificates or other documents issued by the authority or by such inspectors, in pursuance of a Community obligation.".

Trade Descriptions Act 1968 (c. 29)
Consumer Credit Act 1974 (c. 39)
Estate Agents Act 1979 (c. 38)

10. The following provisions (all of which confer default powers), namely -

(a) in the Trade Descriptions Act 1968, section 26(3) and (4);

[page 173]

(b) in the Consumer Credit Act 1974, section 161(4), (5) and (6); and

(c) in the Estate Agents Act 1979, section 26(5), (6), (7) and (8), shall cease to have effect.

Weights and Measures Act 1979 (c. 45)

11.-(1) In section 1(8)(a) of the Weights and Measures Act 1979 (regulations) the words from "and for the payment" to the end shall cease to have effect.

(2) The following subsection shall be added after the said section 1(8):-

"(9) Where regulations made by virtue of subsection (8)(a) of this section provide for inspection, testing and certification of equipment, a local weights and measures authority may charge such reasonable fees as they may determine for the inspection, testing and certification of the equipment.".
12. In section 4 of that Act, in subsection (3) (application of administrative provisions of Weights and Measures Act 1963) -
(a) substitute "references" for "reference", in the first place where it occurs; and

(b) omit -

(i) the words from "to the investigation of a complaint" to "are not being properly discharged";

(ii) the words "in sections 38(1)"; and

(iii) the words "39(3) the references ".


SCHEDULE 5

Section 1(5).

ALLOTMENTS

Small Holdings and Allotments Act 1908 (c. 36)

1. Omit -

(a) in section 28(3) (rules to be confirmed), the words from "Rules under this section" to the end;

(b) in section 32(2) (approval of application of money), the words "and which is approved by, the Local Government Board";

(c) in the proviso to section 47(1) (appeal against prohibition relating to allotment), the words from "but, if the tenant feels aggrieved" to the end;

(d) in section 49(2) (power to make grants or advances or give guarantees with consent), the words "with the consent of, and subject to regulations made by, the Local Government Board".

2. Omit section 54 (accounts and application of receipts) and section 59 (annual report to Parliament).

Land Settlement (Facilities) Act 1919 (c. 59)

3. In section 22(1) (consent to and conditions of appropriation of land) omit the words from "with the consent" to "may impose".


[page 174]

Allotments Act 1922 (c. 51)

4. Omit section 20 (default powers).

Allotments Act 1925 (c. 61)

5. Omit section 13 (records of land acquired under the Allotments Acts).

SCHEDULE 6

Section 1(6).

RELAXATION OF CONTROLS OVER CHARGES AND RATES OF INTEREST ETC.

Town Police Clauses Act 1847 (c. 89)

1. In section 46 of the Town Police Clauses Act 1847 (drivers of hackney carriages not to act without first obtaining a licence) for the words from "and a fee" to "paid" there shall be substituted the words "and such fee as the commissioners may determine shall be paid".

Theatrical Employers Registration Act 1925 (c. 50)

2. In section 1 of the Theatrical Employers Registration Act 1925 (registration of theatrical employers) for the words "the prescribed fee" there shall be substituted the words "such reasonable fee as the authority may determine".

3. In section 3 (fee for registration) for the words from "such fee" to "prescribed" there shall be substituted the words "such reasonable fee as the authority may determine".

Public Health Act 1936 (c. 49)

4. In section 291(3) (rates of interest on charges for works) -

(a) after the word "such" there shall be inserted the word "reasonable"; and

(b) the proviso shall cease to have effect.

Coast Protection Act 1949 (c. 74)

5. In section 10(2) of the Coast Protection Act 1949 (regulations as to rates of interest) for the words from "rate" to the end there shall be substituted the words" reasonable rate as may be determined by the authority".

Rag Flock and Other Filling Materials Act 1951 (c. 63)

6. In the following provisions of the Rag Flock and Other Filling Materials Act 1951, namely -

(a) section 2(1) (which requires the payment of a fee of £2 for the registration of premises for the purposes of the Act);

(b) section 6(1) (which requires the payment of a fee of that amount for the grant or renewal of a licence authorising a person to manufacture rag flock on any premises);

(c) section 7(1) (which requires the payment of a fee of that amount for the grant or renewal of a licence authorising a person to store rag flock on premises for use on premises registered under the Act).


[page 175]

for the words "£2" there shall be substituted the words "such reasonable amount as the authority may determine".

Housing Act 1957 (c. 56)

7. In section 10 (rates of interest) -

(a) the words "at such reasonable rate as the authority may determine" shall be inserted -
(i) in subsection (3), after the word "interest", and

(ii) in subsection (5), after the word "interest" in the first place where it occurs; and

(b) subsection (6) shall cease to have effect.
Housing Act 1961 (c. 65)

8. In section 18(3) of the Housing Act 1961 (which relates to expenses incurred by local authorities in carrying out certain works) after the word "interest" there shall be inserted the words "at such reasonable rate as the authority may determine".

Housing Act 1964 (c. 56)

9. In section 80(3) of the Housing Act 1964 (which relates to expenses incurred by local authorities in carrying out certain works), for the words "the rate, or highest rate, for the time being fixed under section 10(6) of the Act of 1957" there shall be substituted the words "such reasonable rate as the local authority may determine ".

Public Libraries and Museums Act 1964 (c. 75)

10. In section 8(2) of the Public Libraries and Museums Act 1964 (charges for services) the words "not exceeding such amount as may be specified in that behalf by the Secretary of State" shall cease to have effect.

Theatres Act 1968 (c. 54)

11. In paragraph 3 of Schedule 1 to the Theatres Act 1968 (fees for licences) for the words "fee as may be prescribed by the Secretary of State by order made by statutory instrument" there shall be substituted the words "reasonable fee as the authority may determine".

Mines and Quarries (Tips) Act 1969 (c. 10)

12. In section 23(5) of the Mines and Quarries (Tips) Act 1969 (expenses) for the words "rate as may be specified by order made by the Minister" there shall be substituted the words "reasonable rate as the authority may determine".

Poisons Act 1972 (c. 66)

13.-(1) In section 5(3) of the Poisons Act 1972 for the words "the prescribed fees" there shall be substituted the words "any fees determined by the authority under section 6(2) below".

(2) In section 6(~) of that Act for the words "fees as may be prescribed" there shall be substituted the words "reasonable fees as the authority may determine".


[page 176]

Greater London Council (General Powers) Act 1972 (c. xi)

14. In section 19(6Xa) of the Greater London Council (General Powers) Act 1972 (by virtue of which a London borough council may recover expenses in respect of the restoration of gas and electricity services, together with interest) after the word "thereon" there shall be inserted the words "at such reasonable rate as the borough council may determine".

Breeding of Dogs Act 1973 (c. 60)

15.-(1) In section 1(2) of the Breeding of Dogs Act 1973 for the words "sum as the Secretary of State may by order" there shall be substituted the words "reasonable sum as the authority may".

(2) Sub-paragraph (1) above does not extend to Scotland.

Local Government (Scotland) Act 1973 (c. 65)

16. In section 121(1) omit the words "section 10(2) of the Coast Protection Act 1949" and "section 23(5) of the Mines and Quarries (Tips) Act 1969".

Housing Act 1974 (c. 44)

17. In subsections (2) and (3) of section 76 of the Housing Act 1974 (which provide for the payment of interest where certain grants fall to be repaid for breach of condition) for the words "the appropriate rate", in each place where they occur, there shall be substituted the words "such reasonable rate as the local authority may determine".

18. In section 81(2)(b) of that Act (which provides for the payment of interest where any instalment of a grant falls to be repaid on the applicant ceasing to have the required interest in the relevant land) for the words from "the rate" to the end of the subsection there shall be substituted the words "such reasonable rate as the local authority may determine".

19. In section 82(6) of that Act (which provides for the payment of interest where an instalment of a grant is paid before completion of works and the works are not completed within the appropriate time) for the words from "the rate" to the end of the subsection there shall be substituted the words "such reasonable rate as the local authority may determine".

20. The following paragraph shall be substituted for section 94(3)(b) of that Act (which provides for the payment of interest on the recovery of expenses incurred by a local authority on default under an improvement notice):-

"(b) at such reasonable rate as the local authority may determine.".
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

21. In the following provisions of the Local Government (Miscellaneous Provisions) Act 1976, namely -

(a) section 24(6) (expenses in relation to dangerous trees); and

(b) section 33(3) (expenses in relation to the restoration or continuation of a supply of water, gas or electricity),


[page 177]

for the words "the rate fixed by section 171(2) of the Local Government Act 1972", in both places where they occur, there shall be substituted the words "such reasonable rate as the council may determine".

SCHEDULE 7

Section 1(7), (8).

PART I

HIGHWAYS

Relaxation of Ministerial controls over the provision of ferries

1.-(1) So much of section 53 of the National Parks and Access to the Countryside Act 1949 (ferries for purposes of long-distance routes) -

(a) as makes the exercise of a highway authority's powers subject to the approval of any Minister; or

(b) as confers upon any Minister any power to give a local highway authority directions,

shall cease to have effect.

(2) The following subsection shall be substituted for section 26(3) of the Highways Act 1959 (provision and maintenance of new road-ferries):-

"(3) The Minister or a local highway authority may provide and maintain new road-ferries."
Relaxation of Ministerial controls in respect of footpaths and bridleways

2.-(1) The following subsection shall be substituted for section 29(3) of the Highways Act 1959 (which gives the Secretary of State power to direct a local authority to make an order for the creation of a footpath or bridleway):-

"(3) Where it appears to the Secretary of State in a particular case that there is need for a footpath or bridleway as mentioned in subsection (1) of the last foregoing section, and he is satisfied as mentioned in that subsection, he may, after consultation with each body which is a local authority for the purposes of section 28 of this Act in relation to the land concerned, make a public path creation order creating the footpath or bridleway."
(2) In section 30 of that Act (which relates to the making up of new footpaths and bridleways) -
(a) subsections (2) and (3) (which relate to the settlement by the Secretary of State of disputes as to works for that purpose) shall cease to have effect; and

(b) in subsection (4) (which relates to the carrying out of such works and the recovery of expenses incurred in carrying them out), for the words from the beginning to "thereof", in the first place where it occurs, there shall be substituted the words "It shall be the duty of the highway authority to carry out any works specified in a certificate under subsection (1) of this section".


[page 178]

(3) The following subsections shall be substituted for subsection (5) of that section (which contains further provisions relating to public path creation orders):-

"(5) Where the Secretary of State makes a public path creation order under subsection (3) of the last foregoing section, he may direct that subsection (5A) of this section shall apply.

(5A) Where the Secretary of State gives such a direction -

(a) the local authority who, on the coming into force of the order, became the highway authority for the path or way in question shall survey the path or way and shall certify what work (if any) appears to them to be necessary to bring it into a fit condition for use by the public as a footpath or bridleway, as the case may be, and shall furnish the Secretary of State with a copy of the certificate;

(b) if the Secretary of State is not satisfied with a certificate made under the foregoing paragraph, he shall either cause a local inquiry to be held or shall give to the local authority an opportunity of being heard by a person appointed by him for the purpose and, after considering the report of the person appointed to hold the inquiry or the person so appointed as aforesaid, shall make such order either confirming or varying the certificate as he may think fit; and

(c) subject to the provisions of the last foregoing paragraphs, it shall be the duty of the highway authority to carry out the work specified in a certificate made by them under paragraph (a) of this subsection."

(4) In section 112 of that Act (public path extinguishment and diversion orders) -
(a) for the words in subsection (5) following paragraph (b) (which give the Secretary of State power to direct local authorities to make and submit to him a public path extinguishment order or a public path diversion order) there shall be substituted the words "he may himself make the order after consultation with the appropriate authority"; and

(b) the following subsection shall be substituted for subsection (7):-

"(7) Where under subsection (5) of this section the Secretary of State decides to make a public path diversion order, he may require the owner, lessee or occupier on whose representations he is acting to enter into an agreement with such council as he may specify for the owner, lessee or occupier to defray, or to make such contribution as may be specified in the agreement towards, any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 111(4) of this Act."

[page 179]

(5) In section 126 of that Act (authorisation of erection of stiles etc. in footpath or bridleway) subsection (2) which gives the Secretary of State power to determine certain disputes about such authorisations) shall cease to have effect.

1968 c. 41.

(6) In section 29(4) of the Countryside Act 1968 (by virtue of which a highway authority are required to consult the Minister of Agriculture, Fisheries and Food before refusing to make an order under that section relating to the making good of the surface of a footpath or bridleway after it has been ploughed up) the words "and the highway authority shall before refusing to make an order under subsection (2) of this section consult the Minister of Agriculture, Fisheries and Food" shall cease to have effect.

Abolition of Ministerial powers in respect of certain expenses

1959 c. 25.

3.-(1) In section 181(1) of the Highways Act 1959 (under which a street works authority may recover from the owner of premises in respect of which any sum is due for expenses of street works the whole or any portion of that sum together with interest) after the word "interest" there shall be inserted the words "at such reasonable rates as the authority may determine."

(2) The proviso to section 211(2) of that Act (by virtue of which an order may fix the maximum amount to be charged under a charging order in respect of expenditure on street works) shall cease to have effect.

(3) In section 264 of that Act (recovery of expenses) -

(a) in subsection (1), after the word "interest", in the first place where it occurs, there shall be inserted the words "at such reasonable rate as the council may determine" and

(b) in subsection (2) -

(i) after the word "expenses" there shall be inserted the words "and interest"; and

(ii) after the words "with interest" there shall be inserted the words "on them at such reasonable rate as the authority may determine ".

Abolition of Ministerial powers in relation to toll highways

4. In section 233 of the Highways Act 1959 (transfer of toll highways to highway authorities) -

(a) in subsection (2) (by virtue of which a right to charge highway tolls which is transferred to a county council continues to be exercisable for such number of years only as may be allowed, where the county is in England, by the Minister of Transport, and where it is in Wales, by the Secretary of State) the words from "but" to the end shall cease to have effect; and

(b) in subsection (5) (by virtue of which agreements in relation to toll highways may only be made between two or more county councils with the approval, where their counties are in England, of the Minister of Transport, and where


[page 180]

they are in Wales, of the Secretary of State) the words "subject to the approval of the Minister" shall cease to have effect.
Relaxation of requirements of confirmation by Minister for local authority orders stopping up private access to premises causing danger etc. to traffic on highway

1971 c. 41.

5. In section 2 of the Highways Act 1971 (stopping up private access to premises) -

(a) the words "appropriate Minister" shall be substituted for the words "Secretary of State "-
(i) in each place where they occur in subsection (2).

(ii) in the first place where they occur in subsection (3);

(b) the following paragraphs shall be substituted for subsection (3)(c):-
"(c) for objections to the making of an order by the appropriate Minister received within such period as may be so prescribed and not withdrawn to be considered by him;

(ca) for objections to the confirmation of an order made by a local highway authority to be considered by the appropriate Minister if any of the objections to the confirmation of the order received within such period as may be so prescribed and not withdrawn was made by an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up;

(cb) for objections to the confirmation of an order made by a local highway authority received within such period as may be so prescribed and not withdrawn to be considered by the local highway authority if there is no objection received within that period from an owner, lessee or occupier such as is mentioned in paragraph (ca) above or if all such objections so received are withdrawn before the order is referred to the appropriate Minister for confirmation; "; and

(c) the following subsections shall be substituted for subsection (4):-
"(4) In the case of an order made by a local highway authority under this section -
(a) if no objection to the confirmation of the order is received within the period prescribed by regulations under subsection (3) above; or

(b) if every such objection so received is withdrawn; or

(c) if every such objection so received from an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up is withdrawn,


[page 181]

the local highway authority may themselves confirm the order, with or without modifications.

(5) Before confirming an order with modifications the local highway authority, if they consider that the proposed modifications will make a substantial change in the order, shall inform every such owner, lessee or occupier as is mentioned in subsection (4)(c) above and every other person who appears to them to be likely to be affected by the modifications to the order -

(a) of their intention to make the order; and

(b) of the form in which they propose to make it.

(6) The local highway authority shall give every such person as is mentioned in subsection (5) above an opportunity to make representation with regard to the order, and shall consider any representations with regard to it which any such person makes.

(7) In this section, "the appropriate Minister" means, in relation to England, the Minister of Transport and, in relation to Wales, the Secretary of State."

Abolition of certain procedures for settlement of disputes by Minister

6.-(1) This paragraph shall have effect for the purpose of abolishing certain powers of the Secretary of State or the Minister of Transport to determine disputes.

1953 c. 26.

(2) The following subsection shall be substituted for section 5(3) of the Local Government (Miscellaneous Provisions) Act 1953 (provision of omnibus shelters etc. by local authorities):-

"(3) Where the consent of the Secretary of State or the Mini Mer of Transport is required under this section, disputes between the Minister whose consent is required and the local authority as to whether the consent of that Minister is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any shelter or other accommodation in accordance with any condition of the consent is reasonably required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers.".

1959 c. 25. (3) In section 108(10) of the Highways Act 1959 (which provides that any consent of an authority which is required for the diversion of a highway shall not be unreasonably withheld) the words "and any question arising under this subsection whether the withholding of a consent is unreasonable shall be determined by the Minister" shall cease to have effect.

(4) Section 246(2) of that Act (disputes as to nature of sums paid or recovered under Act) shall cease to have effect.


[page 182]

1961 c. 64.

(5) In Schedule 3 to the Public Health Act 1961 the following paragraph shall be substituted for paragraph 4 (disputes as to consents for execution of works in streets for purposes of safety and of reduction of litter):-

"4. Where the consent of the Secretary of State or the Minister of Transport is required under this Schedule, any dispute between the Minister whose consent is required and the authority as to whether the Minister's consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of anything to the provision of which the consent relates in accordance with any condition of the consent is reasonably required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers".
1966 c. 42.

(6) Section 29(3) of the Local Government Act 1966 (which gives a lighting authority a right to appeal in case of dispute as to the exercise of their powers for purposes of the lighting of a highway for which they are not the highway authority) shall cease to have effect.

(7) Nothing in this paragraph shall prevent the Secretary of State or the Minister of Transport-

(a) determining any dispute referred or appeal brought to him under the provisions specified in sub-paragraphs (2) to (6) above before the passing of this Act; or

(b) exercising any power conferred on him under those provisions in respect of any such dispute or appeal.

Abolition of certain Ministerial controls relating to structures on and near highway

7. The following provisions, namely -

(a) in the Highways Act 1959 -
(i) the proviso to section 73(1) (requirement to notify of proposed building lines for classified roads); and

(ii) sections 95 and 96 (regulations about cattlegrids); and

(b) section 120 of the Transport Act 1968 (orders prescribing minimum heights for parapets of bridges carrying roads Over railways):
shall cease to have effect.

Miscellaneous amendments of Highway Acts and associated legislation

8.-(1) Section 280(2). (3) and (4) of the Highways Act 1959 (which give powers to prescribe the form of various notices, orders, advertisements, certificates and other documents and provide that, if forms are prescribed in exercise of those powers, those forms or forms to the like effect shall be used in all cases to which those forms are applicable) shall cease to have effect.

(2) The following enactments, namely -

(a) section 288 of the Highways Act 1959;

[page 183]

(b) section 16(4) of the Highways (Miscellaneous Provisions) Act 1961; and

(c) section 85 of the Highways Act 1971.

(each of which gives a power to repeal or amend local Acts) shall cease to have effect.

(3) The repeal of the enactments specified in sub-paragraph (2) above shall not affect any application made under any of them before the passing of this Act; and any power conferred by any of them may accordingly be exercised after the passing of this Act in pursuance of any such application.

(4) Any order made under an enactment specified in sub-paragraph (2) above shall continue to have effect notwithstanding the repeal of that enactment.

PART II

ROAD TRAFFIC

Transfer of certain powers to make traffic regulation orders and experimental traffic orders and extension of powers to make experimental traffic orders

1967 c. 76.

9.-(1) The following subsections shall be substituted for section 1(2) of the Road Traffic Regulation Act 1967:-

"(2) Subject to subsection (2A) of this section and to section 82 of this Act, the authority having power to make traffic regulation orders -
(a) as respects roads other than trunk roads, shall be the local authority, that is to say, the county council in England or Wales and the local highway authority in Scotland; and

(b) as respects trunk roads, shall be the appropriate Minister.

(2A) An order made by virtue of subsection (2) (a) above may relate to a length of trunk road if the order forms part of a scheme of general traffic control relating to roads at least one of which has a junction with the length of trunk road in question.

(2B) No order relating to a trunk road shall be made by virtue of subsection (2A) above without the consent of the appropriate Minister.".

(2) The following subsections shall be substituted for section 9(2) of that Act-
"(2) Subject to section 82 of this Act, the authority having power to make an experimental traffic order -
(a) as respects any roads outside Greater London, shall be the authority who would have power to make an order under section 1(2) and 1(2A) of this Act in relation to them; and

[page 184]

(b) as respects any roads in Greater London, shall be the authority who would have power to make an order under section 6(2) of this Act in relation to them.
(2A) No order relating to a trunk road shall be made by virtue of subsection (2) above without the consent of the appropriate Minister.".
(3) In the said section 9 -
(a) the following subsections shall be substituted for subsection (3):-
"(3) An experimental traffic order shall not continue in force for longer than 18 months.

(3A) Subject to sections 84A. 84B and 84C of this Act -

(a) where an authority have made an experimental traffic order for a period of less than 18 months; and

(b) the order has not ceased to be in force.

the authority may from time to time by order under this subsection direct that it shall continue in force for a further period ending not more than 18 months after it first came into force.";
(b) in subsection (5) - (i) the words "made by the Greater London Council " shall be omitted; and

(ii) for the words "that Council" there shall be substituted the words "the authority who made the order".

Pedestrian crossings

1967 c. 76.

10.-(1) The following section shall be substituted for section 21 of the Road Traffic Regulation Act 1967 (schemes for establishment of pedestrian crossings on roads other than trunk roads):-

"Powers of local authorities with respect to pedestrian crossings on roads other than trunk roads.

21.-(1) Subject to subsection (2) below, a local authority shall have power -

(a) to establish on any roads in their area (other than trunk roads) crossings for foot passengers to be indicated in manner prescribed by regulations under section 23 of this Act; and

(b) to alter or remove any such crossings from roads in their area.

(2) Before establishing, altering or removing a crossing a local authority-
(a) shall consult the chief officer of police about their proposal to do so;

(b) shall give public notice of that proposal; and

(c) shall inform the appropriate Minister in writing.


[page 185]

(3) It shall be the duty of a local authority to execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required -
(a) in connection with the establishment, alteration, or removal of crossings in accordance with regulations having effect under section 23 of this Act; or

(b) in connection with the indication of crossings in accordance with such regulations.

(4) In this section "local authority" means -
(a) as respects England and Wales, the council of a county or the Greater London Council; and

(b) as respects Scotland, the local highway authority.

(5) Before the Greater London Council establish, alter or remove a crossing on any road under this section they shall consult any other council, being the council of a London borough or the Common Council of the City of London, within whose area the road is situated.".
1967 c. 76.

(2) Subsections (2) and (3) of the section substituted for section 21 of the Road Traffic Regulation Act 1967 by subsection (1) above shall have effect in relation to the alteration and removal of crossings established under the said section 21 before the passing of this Act as they have effect in relation to the alteration and removal of crossings so established thereafter.

(3) Any regulations under section 23 of the Road Traffic Regulation Act 1967 (pedestrian crossing regulations) shall apply to crossings which may be established under the section substituted for section 21 of that Act by subsection (1) above as they apply to crossings established under that section before the passing of this Act.

(4) Any reference to a crossing in the said section 23 is a reference to a crossing established before or after the passing of this Act.

Abolition of Ministerial powers in respect of local authority orders prohibiting traffic on roads to be used as playgrounds

11. In section 26 of that Act (powers of local authorities to prohibit traffic on roads to be used as playgrounds) subsection (5) (which gives the appropriate Minister power to vary or revoke an order made under that section by a local highway authority) shall cease to have effect.

Orders preventing vehicular access to premises for more than eight hours in any twenty-four

12.-(1) In section 84(B)(1) of that Act (requirement of Ministerial consent for the inclusion of certain provisions in traffic


[page 186]

regulation orders) after the word "except" there shall be inserted the words "in a case to which subsection (1A) or (1B) below applies or".

(2) The following subsections shall be inserted after that subsection:-

"(1A) This subsection applies where -
(a) it is proposed to include in the order any such provision as is mentioned in subsection (1)(a) above; and

(b) either -

(i) no owner, lessee or occupier of premises such as are mentioned in subsection (1)(a) above has submitted to the authority any objection to the inclusion of that provision in the order; or

(ii) any such owner, lessee or occupier who has submitted such an objection has withdrawn it.

(1B) This subsection applies in the case of any order proposed to be made under section 9 above where -
(a) it is proposed to include in the order any such provision as is mentioned in subsection (1)(a) above; and

(b) the effect of the prohibition by the order of the use of the road to which it relates or of any restriction on the use of that road contained in the order would be to prevent vehicles, or vehicles of any class, being loaded or unloaded in that road or to prevent persons boarding or alighting from a stage carriage on that road; and

(c) either -

(i) no person has submitted to the authority any objection to the making of the order on the ground that it would prevent vehicles, or vehicles of that class, being loaded or unloaded in the road and no person being the operator of a stage carriage service (as defined in section 44(3) of the Transport Act 1980) has submitted to the authority any objection to the making of the order on the ground that it would prevent persons boarding or alighting from a stage carriage being used in that service in the road; or

(ii) any such person who has submitted an objection on that ground has withdrawn it."

Traffic regulation in special areas in the countryside and traffic signs etc. on Crown roads

1968 c. 41.

13.-(1) In section 32(4) of the Countryside Act 1968 (by virtue of which the appropriate Minister may only exercise the power of making a traffic regulation order conferred by subsection (3) of that section as respects a road if the Countryside Commission or, as the case may be, the Countryside Commission for Scotland have made


[page 187]

submissions to him as to the desirability of making such an order) for the words from "except" to the end of the subsection there shall be substituted the words "unless -

(a) he has received such a submission with respect to that road; and

(b) the authority having power to make an order as respects that road under the said section 1 having notified him that they do not intend to make such an order."

(2) Subsection (9) of that section (power of appropriate Minister, after consulting the appropriate Crown authority, to give directions to the local authority concerned with any Crown road requiring them to remove, or cause to be removed, traffic signs etc.) shall cease to have effect.

Traffic on bridges etc.

1861 c. 70. 1898 c. 29. 1919 c. 50. 1967 c. 76.

14.-(1) The following enactments (which relate to the control of traffic on bridges and, amongst other things, give certain powers in relation to its control) shall cease to have effect -

(a) section 6 of the Locomotive Act 1861;

(b) section 7 of the Locomotives Act 1898;

(c) section 11 of the Ministry of Transport Act 1919;

(d) section 17 of the Road Traffic Regulation Act 1967.

(2) Nothing in sub-paragraph (1) above shall affect -
(a) any requirement to obtain consent under section 6 of the Locomotive Act 1861 which subsists at the passing of this Act by virtue of the placing of a notice on any bridge, or any liability for failure to obtain consent under that section; or

(b) any appeal to the Minister of Transport or, as the case may be, to the Secretary of State, under section 7 of the Locomotives Act 1898 or section 11 of the Ministry of Transport Act 1919 which is pending on the passing of this Act.

(3) From the passing of this Act any notice placed on a bridge by authority of a person such as is mentioned in section 6 of the Locomotive. Act 1861 shall be deemed to have been placed there-
(a) if the bridge is outside Greater London, in pursuance of an order under section 1 of the Road Traffic Regulation Act 1967; and

(b) if it is in Greater London, in pursuance of an order under section 6 of that Act.

(4) Nothing in this paragraph affects a bridge which does not carry a road (within the meaning of section 104(1) of the Road Traffic Regulation Act 1967).

Miscellaneous

15.-(1) Section 1(9) of the Road Traffic Regulation Act 1967 (power of appropriate Minister to repeal local Acts extending the powers of section 26 of the Road Traffic Act 1960) shall cease to have effect.

(2) Any order made under section 1(9) of the Road Traffic Regulation Act 1967 shall continue to have effect notwithstanding the repeal of that subsection.


[page 188]

SCHEDULE 8

Section 53.

ENACTMENTS MENTIONED IN SECTION 53(11)(c)

ChapterShort titleExtent of repeal
1974 c. 7.Local Government Act 1974.Section 1(1) to (7).
Sections 2 to 5.
In section 10, in subsection (1), the words following paragraph (f) and in subsection (2), the definitions of "the amount available for grant", "the appropriate Minister", "the domestic element", "the needs element", and "the resources element".
Schedule 2.
1976 c. 52.Lotteries and Amusements Act 1976.In Schedule 4, paragraph 9.
1980 c. 20.Education Act 1980.Section 32.
Schedule 6.


SCHEDULE 9

Section 55.

DOMESTIC RATE RELIEF GRANT

Reduction of rates by reference to domestic rate relief grant

1967 c. 9.

1.-(1) In each year an amount in the pound shall be specified in the Rate Support Grant Report for the purposes of section 48 of the General Rate Act 1967 (reduction of rates on dwellings).

(2) Different amounts in the pound may be specified under sub-paragraph (1) above for different rating areas.

(3) In specifying any amount or amounts in the pound under this paragraph for any year the Secretary of State shall seek to secure that the total amount of the reduction under section 48 of the General Rate Act 1967 for all rating areas will correspond to the aggregate amount of the domestic rate relief grant.

(4) In this paragraph "rating area" has the same meaning as in the General Rate Act 1967.

Distribution of domestic rate relief grant

2.-(1) The amount of the domestic rate relief grant payable to a local authority for any year shall be calculated by multiplying the aggregate amount of the domestic rate relief grant by a/A where -

a is the domestic rateable value of the area of the local authority for the year multiplied by the amount of the reduction specified in relation to that area in the Rate Support Grant Report, and

[page 189]

A is the aggregate of the amounts calculated as for a in respect of each local authority entitled to receive domestic rate relief grant in the year.
(2) For the purposes of this paragraph the domestic rateable value of the area of a local authority shall be the amount, divided by two, of the aggregate of the rateable values of dwelling-houses in the area shown in the valuation list on 1st April and 31st March in the year as certified by the valuation officer.

(3) No payment in respect of the domestic rate relief grant shall be made to the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple if no rate in the nature of a general rate is levied in the Temple in question during the year.

Apportionment of rate reductions in the City of London by reference to the domestic rate relief grant

3.-(1) Section 48 of the General Rate Act 1967 (which provides for the reduction of rates on dwellings by reference to the domestic rate relief grant) and paragraph 1 above shall, in their application to the City of London, have effect subject to the provisions of this paragraph.

(2) Reductions of rates under the said provisions shall be apportioned between the poor rate and the general rate in the relevant proportions (taken to the nearest whole penny).

(3) Payments in respect of the domestic rate relief grant shall be treated as being, in the relevant proportions, the proceeds of the poor rate and the general rate.

(4) In this paragraph "the relevant proportions" means the proportions which, for the year, the number of pence in the pound of the poor rate and the general rate bear respectively to the aggregate of the number of pence in the pound of both of the said rates.

SCHEDULE 10

Section 63.

ADJUSTMENT OF BLOCK GRANT IN CONNECTION WITH EDUCATION ETC.

PART I

ADJUSTMENT BETWEEN ENGLAND AND WALES

Adjustment

1.-(1) The English block grant for a year and the Welsh block grant for the year shall be subject to adjustment in accordance with this paragraph.

(2) The Secretary of State shall consider whether in his opinion the burden of the education expenditure for each year falls unevenly between local authorities in England on the one hand and those in Wales on the other.


[page 190]

(3) In doing so he shall ascertain the difference between -

(a) the amount of the education expenditure for the year of local authorities in England which appears to him (after taking account of recoupment) to ensure for the benefit of people belonging to the areas of local authorities in Wales; and

(b) the amount of the education expenditure for the year of local authorities in Wales which appears to him (after taking account of recoupment) to enure for the benefit of people belonging to the areas of local authorities in England.

(4) If, after he has ascertained that difference, it appears to the Secretary of State that the burden of the education expenditure for the year falls unevenly between local authorities in England on the one hand and those in Wales on the other, he may fix an amount by which the English block grant for any year should be increased and the Welsh block grant for the year should be decreased (or vice versa) in order to take account of the uneven way in which the burden falls.

Apportionment of increased or decreased amount

2.-(1) Regulations shall provide for -

(a) the apportionment among local authorities in England of the amount (if any) by which the English block grant is increased or decreased in accordance with paragraph 1 above;

(b) the apportionment among local authorities in Wales of the amount (if any) by which the Welsh block grant is increased or decreased in accordance with that paragraph,

and for ascertaining the amount by which the block grant payable to each local authority should be increased or decreased accordingly.

(2) In paying the block grant for any year, the Secretary of State shall adjust the amount of the grant accordingly.

(3) Regulations under this paragraph may make different provision in relation to authorities in England and authorities in Wales.

Interpretation

3.-(1) This paragraph has effect for the interpretation of paragraphs 1 and 2 above.

(2) References to the English and Welsh block grants for a year are references respectively to the aggregate amount of block grant payable in the year to local authorities in England and the aggregate amount of block grant payable in the year to local authorities in Wales.

(3) References to the education expenditure for a year are to the expenditure which the Secretary of State estimates has been


[page 191]

or will be incurred for the year by all local authorities in England and Wales in the exercise of their functions as education authorities, and references to the education expenditure for a year of local authorities in England and of those in Wales are to be construed accordingly.

1980 c. 20.

(4) References to recoupment are to recoupment between authorities under section 31 of the Education Act 1980.

PART II

OTHER ADJUSTMENTS BETWEEN AUTHORITIES

Introduction

4.-(1) The block grant payable to a local authority in England, and that payable to a local authority in Wales, shall be subject to adjustment in accordance with paragraphs 5 and 6 below.

(2) Those paragraphs shall be administered separately and may be administered differently, in England and in Wales, and references in them to regulations, to a local authority or local authorities and to a local education authority or local education authorities shall be construed accordingly, except where the wording of paragraph 5(5)(a) otherwise requires.

Expenditure other than on advanced further education

5.-(1) Regulations may provide for ascertaining the aggregate of the expenditure to which this paragraph applies of all local authorities, for apportioning the aggregate among the authorities and for ascertaining the amount by which the block grant payable to each authority ought to be increased or decreased.

(2) The Secretary of State shall, in accordance with regulations under this paragraph, ascertain at such time as may be specified by the regulations-

(a) the estimated amount of the increases and decreases of the block grant which ought to be made for any year, and

(b) the actual amount of these increases and decreases,

and he shall in paying the block grant for any year adjust the amount of that grant in accordance with the estimated amounts so ascertained and shall in paying that grant for the earliest practicable subsequent year make any adjustment necessary to offset differences between the estimated and actual amounts so ascertained.

(3) Subject to sub-paragraphs (4) and (5) below, this paragraph applies to such expenditure as may be specified by regulations, being -

(a) expenditure, other than that to which paragraph 6 below applies, incurred by local authorities in the exercise of their functions as local education authorities;

[page 192]

(b) expenditure incurred by local authorities on research into any of their functions, in the training of persons in matters connected with the functions of local authorities or in respect of persons to whom the training is given.
(4) Regulations specifying expenditure of any description under sub-paragraph (3) above may provide that only a specified proportion of that expenditure shall be expenditure to which this paragraph applies.

(5) Regulations under sub-paragraph (3)(a) above shall apply this paragraph to -

(a) expenditure incurred by local education authorities in the making of provision for primary and secondary education in respect of pupils not belonging to the area of any local education authority in England or Wales or to the area of any education authority in Scotland; and

(b) expenditure, other than that to which paragraph 6 below applies, incurred by local education authorities in the making of provision for further education in respect of such pupils.

Expenditure on advanced further education

6.-(1) Regulations may provide -

(a) for the specification by the Secretary of State, in advance for each year, of the amount of expenditure to which this paragraph applies which is to be taken into account for the purposes of the regulations in relation to that year;

(b) for enabling him to specify additional amounts of such expenditure which are to be so taken into account;

(c) for apportioning among local authorities, under or in accordance with the regulations, either the whole or a part specified by or in accordance with the regulations of-

(i) the amount specified for any year as mentioned in paragraph (a) above;

(ii) any additional amounts specified for that year as mentioned in paragraph (b) above;

and for informing local authorities of the shares apportioned to them respectively;

(d) for the specification, under or in accordance with the regulations, of the appropriate contribution of each local authority to the expenditure apportioned as mentioned in paragraph (c) above;

(e) for ascertaining the amount by which the block grant payable to each authority ought to be increased or decreased by reference to the share apportioned to it as compared with its appropriate contribution.


[page 193]

(2) The Secretary of State shall in paying the block grant for any year adjust the amount of that grant in accordance with the amount ascertained as mentioned in sub-paragraph (1)(e) above.

(3) This paragraph applies to such expenditure incurred by local authorities in connection with further education of an advanced character, including the training of teachers, as may be specified for the purposes of this paragraph by or under regulations.

PART III

GENERAL

Information

7.-(1) Regulations may make provision requiring local authorities to furnish the Secretary of State, at such times and in such manner and form as may be specified in the regulations, with such estimates of their expenditure and with such other information required by him for the purposes of this Schedule as may be so specified.

(2) Regulations under this paragraph may make different provision in relation to authorities in England and authorities in Wales.

Consultation

8.-(1) Before doing any of the things mentioned in sub-paragraph (2) below, the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.

(2) The things are:-

(a) making regulations under this Schedule;

(b) ascertaining an amount under paragraph 1(3) above;

(c) fixing an amount under paragraph 1(4) above;

(d) specifying an amount under paragraph 6(1)(a) or (b) above.

Regulations

9. References in this Schedule to regulations are to regulations made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

1980 c. 20.

10. Section 38(5) of the Education Act 1980 (individuals treated as belonging to areas of local education authorities) applies for the purposes of this Schedule as for those of that Act.

SCHEDULE 11

Section 64.

METROPOLITAN POLICE DISTRICT

PART I

INTERPRETATION

1. In this Schedule -

"gross rateable value", in relation to the Metropolitan Police District, means the aggregate of the rateable values of the hereditaments in that District;

"rateable values", in relation to hereditaments in that District, means, subject to paragraphs 2 and 3 below, rateable values


[page 194]

ascribed to them in the valuation lists on a date to be specified in each year in the Rate Support Grant Report;

"the Receiver" means the Receiver for the Metropolitan Police District;

"Receiver's grant-related poundage" means a poundage determined by the Secretary of State and related -

(a) to a given ratio between the Receiver's total expenditure and the Receiver's grant-related expenditure; or

(b) to a given difference between his total expenditure divided by the population of the Metropolitan Police District and his grant-related expenditure so divided;

"Receiver's total expenditure" means that part of the Receiver's expenditure for a year which falls to be defrayed out of the Metropolitan Police Fund and which is not met by any such grant as is mentioned in section 54(7)(a) or (b) above but reduced by the amount of any payments of such descriptions as the Secretary of State may specify which fall to be paid for that year into the Metropolitan Police Fund;

"Receiver's grant-related expenditure" means a sum determined by the Secretary of State as being the aggregate for the year of the Receiver's notional expenditure having regard to his functions;

"relevant authority" means -

(a) the council of a London borough; or

(b) the council of a district whose area is wholly or partly within the Metropolitan Police District; and

"relevant portion" means the portion of the Receiver's total expenditure for a year which bears to that total the ratio which the gross rateable value of the area of a relevant authority, or the part of that area within the Metropolitan Police District bears to the gross rateable value of that District.
2. The reference to hereditaments in the definition of "rateable values" in paragraph 1 above includes a reference to a notional hereditament which a body is treated as occupying by virtue of any enactment.

3. A Rate Support Grant Report may provide that for the year to which it relates the rateable values of hereditaments in the Metropolitan Police District falling within any class of hereditaments shall be ascertained for the purposes of this Schedule otherwise than by reference to the values ascribed to them in the valuation lists.

PART II

SPECIAL PROVISIONS RELATING TO BLOCK GRANT

Calculation of block grant

4. Paragraph 5 below shall have effect in relation to the calculation of the amount of block grant payable to a relevant authority instead of section 56(6) above.


[page 195]

5.-(1) The amount of block grant payable to a relevant authority is the aggregate of the two amounts specified in sub-paragraphs (2) and (3) below.

(2) The first amount is an amount calculated by deducting from the relevant portion of the Receiver's total expenditure for the year the product arrived at by multiplying the Receiver's grant-related poundage by the gross rateable value of the authority's area, or, if their area is not wholly within the Metropolitan Police District, by the gross rateable value of that part of their area which is within that District.

(3) The second amount is an amount calculated by deducting from the total expenditure to be incurred by a relevant authority during the year -

(a) the relevant portion of the Receiver's total expenditure for the year; and

(b) the product arrived at by multiplying the authority's grant-related poundage by the gross rateable value of their area.

Special meaning of "grant-related poundage"

6. For the purposes of this Part of this Act, section 56(8) above shall have effect, in relation to a relevant authority, as if in the definition of " grant-related poundage" the references to total expenditure were references to total expenditure after deducting the relevant portion of the Receiver's total expenditure for the year.

Adjustments of distribution of block grant to relevant authorities

7. The distribution of block grant to relevant authorities shall be adjusted in accordance with paragraph 8 below instead of section 59 above.

8.-(1) Subject to the following provisions of this paragraph, the Secretary of State may provide in a Rate Support Grant Report that the amount to be deducted under paragraph 5(2) or (3) above in respect of block grant payable to a relevant authority for a year shall not be the relevant product but that product multiplied by a multiplier determined by the Secretary of State.

(2) In sub-paragraph (1) above "the relevant product" means the product mentioned in paragraph 5(2) or (3) above, as the case may be.

(3) Except as provided by sub-paragraph (4) below, the power conferred by sub-paragraph (1) above may only be exercised in relation to either of the relevant products for the purpose of increasing the amount of block grant payable to a relevant authority.

(4) The power may be exercised for the purpose of decreasing the amount of block grant payable to a relevant authority if the Secretary of State is satisfied that there will be an unreasonable increase, unless he exercises it, in the amount of block grant payable to the authority for a year compared with the amount payable to them for the previous year.


[page 196]

(5) The power may only be exercised in relation to the product mentioned in paragraph 5(2) above so as to determine one multiplier and to determine it in accordance with principles to be applied to all relevant authorities.

(6) The power may be exercised in relation to the product mentioned in paragraph 5(3) above so as to determine different multipliers for different relevant authorities.

(7) The power may only be exercised in relation to that product -

(a) for any such purpose as is specified in paragraphs (a) to (d) of section 59(6) above; and

(b) in accordance with sub-paragraphs (8) to (11) below.

(8) The power may be exercised in accordance with any principles to be applied under section 59(5)(a)(i) above to all local authorities.

(9) In relation to relevant authorities who are the councils of nonmetropolitan districts the power may be exercised in accordance with any principles to be applied under section 59(5XaXii) above to all councils of non-metropolitan districts.

(10) In relation to relevant authorities who are councils of inner London boroughs the power may be exercised in accordance with principles to be applied to all such councils.

(11) In relation to relevant authorities who are outer London boroughs the power may be exercised in accordance with principles to be applied to all such councils.

(12) If the Secretary of State exercises the power in relation to either of the products, the principles on which he exercises it shall be specified in the Rate Support Grant Report.

(13) In its application to block grant payable to a relevant authority for the commencing year sub-paragraph (4) above shall have effect as if there were substituted for the reference to the amount of block grant payable to the authority for the previous year a reference to an amount determined by the Secretary of State.

Supplementary reports

9. In the application of section 61 above to the Receiver's grant-related poundage and the Receiver's grant-related expenditure subsection (5) shall be omitted.

Adjustment of block grant total

10. Section 62(3) above shall have effect in relation to relevant authorities as if for the purpose of making a fresh calculation of the entitlement of each relevant authority to block grant it authorised the Secretary of State to substitute the total of the Receiver's expenditure actually defrayed out of the Metropolitan Police Fund for the figure calculated under paragraph 1 above as the part of the Receiver's expenditure which falls to be defrayed out of that Fund.


[page 197]

SCHEDULE 12

Section 71.

PRESCRIBED EXPENDITURE UNDER PART VIII

1. Subject to paragraphs 2 and 3 below and to regulations under paragraph 4 below, expenditure on -

(a) the acquisition of land, including buildings and structures on land;

(b) the acquisition of vehicles and vessels and of movable and immovable plant, machinery and apparatus;

(c) the reclamation, improvement or laying out of land;

(d) the construction, preparation, conversion, improvement, renewal or replacement of buildings and structures;

(e) the repair or maintenance -

(i) of land (including dwelling-houses and other buildings) held under Part V of the Housing Act 1957; and

(ii) dwelling-houses held otherwise than under that Part of that Act,

to the extent that the expenditure is defrayed by borrowing;

(f) the renewal or replacement of vehicles and vessels and the installation, renewal or replacement of movable and immovable plant, machinery and apparatus; and

(g) the making of grants and advances of a capital nature other than grants and advances to local authorities or Passenger Transport Executives,

is prescribed expenditure for the purposes of this Part of this Act.

2. Expenditure in connection with the acquisition, renewal or replacement of any vehicle or vessel or the acquisition, installation, renewal or replacement of any item of plant, machinery or apparatus is not prescribed expenditure for the purposes of this Part of this Act if it is less than an amount prescribed by the Secretary of State.

1972 c. 11.

3. The investment by a county council, a London borough council or the Common Council of the City of London of a superannuation fund which they are required to keep by regulations under the Superannuation Act 1972 is not prescribed expenditure for the purposes of this Part of this Act.

4. Regulations may provide -

(a) that expenditure incurred in circumstances specified in the regulations shall not be prescribed expenditure;

(b) that expenditure of any description mentioned in paragraph 1 above and specified in the regulations shall not be prescribed expenditure;

(c) that expenditure for any purpose specified in the regulations, or expenditure for a purpose so specified and of an amount above or below an amount so specified, shall not be prescribed expenditure.

5. The power conferred by paragraph 4 above includes power to amend or repeal any provision of this Schedule.


[page 198]

SCHEDULE 13

Section 81.

EXPENDITURE OF GREATER LONDON COUNCIL AND LONDON TRANSPORT EXECUTIVE

PART I

AMENDMENTS OF SCHEDULE 2 TO LONDON GOVERNMENT ACT 1963

1. The provisions of Schedule 2 to the London Government Act 1963 (constitution and general functions of Greater London Council) relating to the capital expenditure of and loans made by that Council and to borrowing by that Council shall be amended as follows.

2. In paragraph 25, for the words "The expenditure by the Council on capital account or" there shall be substituted the words "Prescribed expenditure by the Council and expenditure by the Council".

3. The following paragraphs shall be inserted after that paragraph:

"25A. Subject to paragraph 25B below, in paragraph 25 above and paragraphs 26 to 29 below "prescribed expenditure" has the meaning assigned to it for the purposes of Part VIII of the Local Government, Planning and Land Act 1980 by section 71(2) of that Act (by virtue of which any reference to prescribed expenditure in the said Part VIII is to be construed in accordance with Schedule 12 to the Act).

25B. In the application of the said Schedule 12 by virtue of paragraph 25A above -

(a) the following sub-paragraph shall be substituted for sub-paragraph (g):
"(g) the making of grants of a capital nature other than grants to local authorities or the London Transport Executive;" and
(b) the following paragraph shall be substituted for paragraph 3:
"3. The investment of a superannuation fund is not prescribed expenditure for the purposes of this Part of this Act.".
25C. For the purposes of paragraph 25 above and of paragraphs 26 and 28 below section 80 of the Local Government, Planning and Land Act 1980 shall apply to an acquisition of an interest in or right over property by the Council as it applies to such an acquisition by an authority to whom Part VIII of that Act applies.".
4. In paragraph 26(1) of that Schedule, for the words "on capital account" there shall be substituted the words "by way of prescribed expenditure ".

5. The following sub-paragraphs shall be substituted for sub-paragraphs (1) and (2) of paragraph 28 of that Schedule:-

"(1) If the whole of the amount authorised by an annual money Act to be expended for any authorised purpose in the

[page 199]

first twelve or last six months or the relevant financial period aforesaid is not required to be so expended, the Council may expend for any other authorised purpose in those twelve, or, as the case may be, six months (in addition to the amount authorised in relation to that other purpose) an amount not exceeding the unexpended portion of the first-mentioned amount.

(1A) Subject to sub-paragraphs (1B) and (1C) below, if -

(a) the annual money Act specifies for the first twelve months of a financial period (the relevant twelve months) an amount (the additional amount) which is stated by the Act to be a proportion of the amount authorised for the relevant twelve months to be expended by the Council in respect of prescribed expenditure and lending to other persons (the basic amount) and to be additional to that amount; and

(b) the Council expend for the relevant twelve months, in respect of prescribed expenditure and on lending to other persons, an amount exceeding the basic amount but not exceeding the aggregate of the basic amount and the additional amount,

the amount by which their expenditure exceeds the basic amount shall be treated as having been spent during the first twelve months of the financial period following the relevant twelve months.

(1B) Where, in the twelve months preceding the relevant twelve months (the previous twelve months) the Council have spent by way of prescribed expenditure or on lending to other persons an amount less than the aggregate of the basic amount for the previous twelve months and any amount authorised for those twelve months under sub-paragraph (2) below (the previously authorised aggregate), there shall be treated as having been spent during the first twelve months of the financial period following the relevant twelve months the amount which would have been so treated by virtue of sub-paragraph (1A) above subject to the appropriate deduction.

(1C) The appropriate deduction is a deduction of the lesser of the following amounts, namely -

(a) the amount by which the Council's expenditure for the previous twelve months fell short of the previously authorised aggregate; and

(b) the amount (if any) which was specified as the additional amount for the relevant twelve months.

(2) If the amount authorised by an annual money Act to be expended in the first twelve or last six months of any financial period, other than any such additional amount as is mentioned in sub-paragraph (1A)(a) above, is found to be insufficient, the Treasury may on the application of the Council authorise the Council to expend such further sums as it is shown to the satisfaction of the Treasury to be necessary or desirable for the Council to expend, not exceeding in the aggregate such amount as may be specified by that Act for the

[page 200]

purpose of this sub-paragraph in relation to those twelve or, as the case may be, six months.".
6. The following sub-paragraph shall be substituted for sub-paragraph (5)(a) of that paragraph:
"(a) by way of prescribed expenditure for a purpose mentioned in that Act; or".
7. The following paragraph shall be inserted after that paragraph:
"28A.-(1) The appropriate Minister may direct that -
(a) a specified part of the amount of expenditure authorised by an annual money Act may be spent only on a specified project;

(b) no part of that amount may be spent on a specified project.

(2) A project may only be specified under sub-paragraph (1) above if the appropriate Minister -
(a) is of opinion that the project is of national or regional importance, or

(b) is of opinion that the project, though not itself of national or regional importance, is part of a project which is of such importance.

(3) In this paragraph "the appropriate Minister" means the Secretary of State except in relation to expenditure for the purpose of functions the responsibility for which is vested in the Minister of Transport, and in respect of such expenditure, means that Minister".
8. The following paragraph shall be substituted for paragraph 29 of that Schedule:
"29. The Council may borrow money for the purpose of prescribed expenditure or for the purpose of lending it to other persons if, but only if, the expenditure or lending is authorised by an annual money Act.".
9. The following shall be added after that paragraph:-
"The London Transport Executive

29A.-(1) Subject to sub-paragraph (2) below, for the purposes of paragraphs 25 to 29 above prescribed expenditure of the London Transport Executive or of a wholly-owned subsidiary of that Executive shall be treated as if it were prescribed expenditure of the Council; and accordingly-

(a) any payment in respect of such expenditure by the Executive or by one of their wholly-owned subsidiaries shall be treated for the purposes of those paragraphs as a payment by the Council; and

(b) any acquisition by the Executive or by such a subsidiary shall be treated for those purposes as an acquisition by the Council.

(2) Subject to sub-paragraph (3) below, in sub-paragraph (1) above "prescribed expenditure" has the meaning assigned to it for the purposes of Part VIII of the Local Government, Planning and Land Act 1980 by section 71(2) of that Act.

[page 201]

(3) In the application of Schedule 12 to the Local Government.

Planning and Land Act 1980 by virtue of sub-paragraph (2) above -

(a) the words "or Passenger Transport Executives" shall be omitted from paragraph 1(g); and

(b) the following paragraph shall be substituted for paragraph 3:-

"3. The investment of a superannuation fund is not prescribed expenditure for the purposes of this Part of this Act.".
(4) In this paragraph "wholly-owned subsidiary" has the meaning assigned to it by section 45(1) of the Transport (London) Act 1969".
PART II

AMENDMENT OF TRANSPORT (LONDON) ACT 1969

1969 c. 35.

10. The following subsections shall be inserted after section 11(2) of the Transport (London) Act 1969 (which among other things requires the London Transport Executive to submit to the Greater London Council and obtain the Council's approval of any proposal for expenditure by the Executive or any subsidiary of theirs which involves a substantial outlay on capital account):-

"(2A) Any proposal by the Executive or any subsidiary of theirs to acquire-
(a) an interest in or right over land, other than a freehold interest, where the interest or right confers a right to occupy the land; or

(b) an interest in or right over goods other than the property in them,

shall be treated for the purposes of subsection (2Xc) above as being a proposal involving an outlay on capital account.

(2B) In subsection (2A) above "freehold interest" means the fee simple absolute in possession (subject to any existing rights other than rights under a mortgage or charge to secure the payment of money) and "property" (in relation to goods) means the general property in them and not merely a special property.".


SCHEDULE 14

Section 89.

AMENDMENTS RELATING TO SURVEYS AND PLANS

Town and Country Planning Act 1971

1971 c. 78.

1. In the Town and Country Planning Act 1971 so much of section 6 as requires a local planning authority to institute a fresh survey of their area or part of it if directed to do so by the Secretary of State shall cease to have effect.

2. In section 7 of that Act (preparation of structure plans) -

(a) the following subsections shall be substituted for subsections (1) to (3):-
"7.-(1) The local planning authority shall, within such period from the commencement of this section

[page 202]

within their area as the Secretary of State may direct, prepare and submit to the Secretary of State for his approval a structure plan for their area complying with the provisions of subsection (1A) of this section.
(1A) The structure plan for any area shall be a written statement -
(a) formulating the local planning authority's policy and general proposals in respect of the development and other use of land in that area (including measures for the improvement of the physical environment and the management of traffic); and

(b) containing such other matters as may be prescribed or as the Secretary of State may in any particular case direct.";

(b) subsection (5) (indication of action areas in general proposals for structure plan) shall cease to have effect except in relation to structure plans approved by the Secretary of State before the passing of this Act;

(c) the following subsection shall be substituted for subsection (6):-

"(6) The written statement shall be illustrated by such diagram or diagrams as may be prescribed, which shall be treated as forming part of the plan."; and
(d) the following subsection shall be added after subsection (6):-
"(6A) The structure plan shall be accompanied by an explanatory memorandum summarising the reasons which in the opinion of the local planning authority justify each and every policy and general proposal formulated in the plan, stating the relationship thereof to expected development and other use of land in neighbouring areas where relevant and containing such other matters as may be prescribed; and the explanatory memorandum may contain such illustrative material as the local planning authority think appropriate.".
3. In section 8 of that Act (publicity in connection with preparation of structure plans) -
(a) the following paragraph shall be substituted for paragraph (0) of subsection (1):-
"(a) that adequate publicity is given in their area to the matters which they propose to include in the plan and to the proposed content of the explanatory memorandum relating to each such matter;"; and

(b) in subsection (2), after the word "State", in the second place where it occurs, there shall be inserted the words "and of the explanatory memorandum".

4. The following subsection shall be inserted after section 9(4) of that Act (power to make regulations with respect to the procedure to be followed at an examination of a structure plan):-

"(4A) Subsection (4) of this section shall come into operation on a day appointed by an order made by the Secretary of State.".

[page 203]

5. The following section shall be substituted for section 10 of that Act (alteration of structure plans):-

"Alteration of structure plans.

10.-(1) At any time after the approval of a structure plan for their area or part of their area a local planning authority may submit to the Secretary of State and shall, if so directed by the Secretary of State, submit to him within a period specified in the direction, proposals for such alterations to that plan as appear to them to be expedient or as the Secretary of State may direct, as the case may be, and any such proposals may relate to the whole or part of the area to which the plan relates.

(2) At any time after the approval of the structure plan for their area or any part of their area a local planning authority may submit proposals for its repeal and replacement to the Secretary of State.

(3) An authority submitting a proposal under subsection (2) of this section for the repeal and replacement of a structure plan shall at the same time submit to the Secretary of State the structure plan with which they propose that it shall be replaced.

(4) Proposals under subsection (1) or (2) of this section shall be accompanied by an explanatory memorandum summarising -

(a) in the case of proposals under subsection (1) of this section, the reasons which in the opinion of the local planning authority justify the alterations which they are proposing; and

(b) in the case of proposals under subsection (2) of this section, the reasons which in their opinion justify the repeal and replacement of the structure plan.

(5) The explanatory memorandum shall also state the relationship of the proposals to general proposals for the development and other use of land in neighbouring areas which may be expected to affect the area to which the proposals relate.

(6) The explanatory memorandum -

(a) shall also contain any information on which the proposals are based; and

(b) may contain such illustrative material as the local planning authority think appropriate.

(7) Subject to subsection (8) of this section, sections 8 and 9 of this Act shall apply, with any necessary modifications, in relation to the proposals as they apply in relation to a structure plan.

(8) Section 9(3)(b) of this Act shall not apply in any case where it appears to the Secretary of State, on consideration of proposals for the alteration or repeal and


[page 204]

replacement of a structure plan, that no matters which require an examination in public arise -
(a) from the proposals; or

(b) from any structure plan submitted with them under subsection (3) of this section.".

6. The following subsection shall be substituted for subsections (6) to (8) of section 10C of that Act (development plan schemes):-
"(6) Where a district planning authority make representations to the Secretary of State that they are dissatisfied with a development plan scheme, the Secretary of State may amend the scheme, and any amendment so made shall have effect as if made by the county planning authority.".
7. The following provisions of that Act, namely -
(a) so much of section 11 (preparation of local plans) as authorises the Secretary of State to give directions in particular cases as to the matters to be contained in local plans and the documents by which such plans are to be accompanied; and

(b) so much of section 12 (publicity in connection with preparation of local plans) as requires a local planning authority who propose to prepare a local plan to take such steps as will in their opinion secure that adequate publicity is given in their area to any relevant matter arising out of a survey of the area carried out by them under section 6 or 11, or as authorises the Secretary of State -

(i) to prescribe places other than the offices of the local planning authority at which copies of local plans are to be available for inspection; and

(ii) to prescribe the particulars to be contained in a statement accompanying a copy of a local plan sent to him under subsection (2) of that section,

shall cease to have effect.

8.-(1) The following subsections shall be inserted after subsection (4) of section 11 of that Act:-

"(4A) Without prejudice to subsections (1), (2) and (4) of this section, the local planning authority may prepare a local plan for any part of their area (in this section referred to as an "action area") which they have selected for the commencement during a prescribed period of comprehensive treatment, by development, redevelopment or improvement of the whole or part of the area selected, or partly by one and partly by another method.

(4B) A local plan prepared for an action area under subsection (4A) of this section shall indicate the nature of the treatment selected for the action area.".

(2) Subsection (6) of that section (which imposes on a local planning authority a duty to prepare a local plan for any area indicated as an action area in a structure plan which has been approved by the Secretary of State) shall cease to have effect except in relation to structure plans approved by him before the passing of this Act.".


[page 205]

9. The following subsection shall be added after section 13(2) of that Act (inquiries, etc. with respect to local plans) -

"(3) The requirement for a local inquiry or other hearing to be held shall not apply if all persons who have made an objection have indicated in writing that they do not wish to appear.".
10. In section 14 of that Act (adoption and approval of local plans) -
(a) the following subsections shall be substituted for subsection (1):-

"(1) After the expiry of the period afforded for making objections to a local plan or, if such objections have been duly made during that period, after considering the objections so made, the local planning authority may, subject to section 12 of this Act and subsections (1A), (2) and (3) of this section, by resolution adopt the plan either as originally prepared or as modified so as to take account -

(a) of the objections so made;

(b) of any other objections made to the plan;

(c) of any other considerations which appear to the authority to be material.

(1A) Where -
(a) an objection to the plan has been made by the Minister of Agriculture, Fisheries and Food (in this section referred to as "the Minister"); and

(b) the local planning authority do not propose to modify the plan to take account of that objection,

the authority -
(i) shall send the Secretary of State particulars of the Minister's objection, together with a statement of their reasons for not modifying the plan to take account of it; and

(ii) shall not adopt the plan unless the Secretary of State authorises them to do so.";

(b) the following subsections shall be inserted after subsection (3):-
"(3A) Subject to subsection (3B) of this section, where particulars of an objection to a local plan made by the Minister have been sent to the Secretary of State under subsection (1A) of this section, it shall be the duty of the Secretary of State to direct that the plan shall not have effect unless approved by him.

(3B) The Secretary of State need not give a direction under subsection (3A) of this section if he is satisfied that the Minister no longer objects to the plan.";

(c) in subsection (4) -
(i) after the words "subsection (3)" there shall be inserted the words "or (3A)"; and

(ii) in paragraph (cf) for the words "the plan", in the second place where they occur, there shall be substituted the words "any objections thereto"; and


[page 206]

(d) the following subsection shall be added after subsection (7) -
"(8) Where there is a conflict between any of the provisions of a local plan which has been adopted or approved under this section and the provisions of a structure plan which has been approved under section 9 of this Act, the provisions of the local plan shall be taken to prevail for all purposes:

Provided that where the local plan is specified in such a list as is mentioned in subsection (2)(ii) or (3)(ii) of section 15B of this Act, the provisions of this subsection shall not apply until such time as a proposal for the alteration of the local plan or for its repeal and replacement with a new plan has been adopted or has been approved by the Secretary of State.".

11. In section 15 of that Act (alterations of local plans) -
(a) in subsection (3) for the word "The", where it first occurs, there shall be substituted the words "Subject to subsection (4) of this section, the"; and

(b) the following subsection shall be added after subsection (3) -

(4) The requirement in section 13 of this Act for a local inquiry or other hearing to be held shall not apply if all persons who have made an objection have indicated in writing that they do not wish to appear.".
12. The following subsections shall be substituted for subsections (1) to (7) of section 21 of that Act (commencement of Part II and interim provisions):-
"(1) Subject to subsection (2) below, on the date on which a structure plan becomes operative -
(a) the following provisions of this Act, namely -
(i) section 20, and

(ii) the first paragraph of Part I of Schedule 23 (amendment of the Land Compensation Act 1961),

shall come into operation in the area to which the structure plan relates, and

(b) the following provisions of this Act, namely -

(i) Part I of Schedule 5, and

(ii) Schedule 6,

shall cease to have effect in that area.
(2) Where by virtue of section 15A of this Act a local plan becomes operative before the structure plan -

(a) the following provisions of this Act, namely -

(i) section 20, except paragraphs (a) and (b) of subsection (1), and

(ii) the first paragraph of Part I of Schedule 23, shall come into operation in the area to which the local plan relates on the date on which that plan becomes operative;


[page 207]

(b) the following provisions of this Act, namely -
(i) Part I of Schedule 5, and

(ii) Schedule 6.

shall cease to have effect in that area on that date; and

(c) paragraphs (a) and (b) of section 20(1) of this Act shall come into operation on the date on which the structure plan becomes operative, in so far as they apply to the area to which the structure plan relates.

(3) Schedule 7 to this Act shall have effect as respects the transition from Schedules 5 and 6 to this Act to the preceding provisions of this Part of this Act.

(4) Any reference in this Part of this Act to the commencement of any provision of this Part of this Act shall be construed in accordance with subsections (5) to (7) of this section.

(5) If a day was appointed for the coming into operation of any such provision before the coming into operation of section 89 of the Local Government. Planning and Land Act 1980, any such reference shall be construed as a reference to the day so appointed.

(6) If different days were so appointed for the coming into operation of any such provision in different areas, any such reference shall, in relation to any area, be construed as a reference to the day appointed for the coming into operation of that provision in that area.

(7) If any such provision comes into operation in any area on the date on which a structure plan becomes operative, any such reference shall, in relation to that area, be construed as a reference to that date.

(7A) The Secretary of State for the time being having general responsibility in planning matters in relation to England shall, for England, and the Secretary of State for the time being having such responsibility in relation to Wales shall, for Wales, each maintain and keep up to date a register showing, in such a way as to enable members of the public to obtain the information for themselves -

(a) the provisions of this Part of this Act which have come into operation in relation to any area and the dates on which they came into operation in relation to it; and

(b) whether, in the case of a particular area, any transitional provision was made by an order under this section before the coming into operation of section 89 of the Local Government. Planning and Land Act 1980.".

13.-(1) In Schedule 4 to that Act (surveys and development plans in Greater London) -
(a) so much of paragraphs 1 and 2 (matters to be examined, and kept under review by Greater London Council and London borough councils) as authorises the Secretary of State to specify in a direction matters to be kept under review on a fresh survey under section 6(2) shall cease to have effect;

[page 208]

(b) in paragraph 7 for the words "12 and 14(5) to (7)" there shall be substituted the words "and 12";

(c) the following paragraphs shall be inserted after paragraph 7:-

"7A.-(1) The provisions of section 14(2) of this Act shall apply to a local plan prepared by a London borough council as they apply to a local plan prepared by a district planning authority and accordingly the provisions of section 14(5), (6) and (7) shall apply to a case where a London borough council has prepared a local plan as if for the words "county planning authority", wherever they occur, there were substituted the words "Greater London Council" and for the words "district planning authority", wherever they occur, there were substituted the words "London borough council".

(2) Where in pursuance of paragraph 8(3) below a joint local plan has been prepared by two or more London borough councils, each shall apply to the Greater London Council in pursuance of section 14(5) of this Act as applied by sub-paragraph (1) of this paragraph.

(3) Where a joint local plan has been prepared by one or more London borough councils and one or more adjacent local planning authorities, each London borough council shall apply to the Greater London Council in pursuance of section 14(5) of this Act as applied by sub-paragraph (1) of this paragraph and each of the other local planning authorities shall apply to the county planning authority for their respective area.

(4) Where a joint local plan has been prepared by one or more London borough councils jointly with the Greater London Council, sub-paragraph (1) of this paragraph shall not apply.

7B. Section 15B(3) of this Act shall apply to proposals for the alteration of the Greater London development plan and to local plans prepared by London borough councils with the substitution of a reference to "the Greater London Council" for the reference to "the county planing authority" and of a reference to "every London borough council" for the reference to "every district planning authority.";

(d) so much of paragraph 11(2)(b) and (3) as authorises the Secretary of State to give directions as to the matters to be contained in local plans prepared by the Greater London Council and London borough councils and the documents by which such plans are to be accompanied shall cease to have effect; and

(e) in paragraph 12(2) -

(i) for the words "After preparing a local plan" there shall be substituted the words "Subject to section 15A(3) of this Act, when a local plan has been prepared and, in a case where the council preparing it are required

[page 209]

to obtain a certificate under section 14 of this Act, they have obtained that certificate,";

(ii) the words "and at such other places as may be prescribed" shall cease to have effect; and

(f) so much of paragraph 12(3) as authorises the Secretary of State to prescribe the particulars contained in a statement accompanying a copy of a local plan sent to him under paragraph 12(2) shall cease to have effect.
(2) The provisions of sub-paragraph (1)(b), (c) and (e)(i) of this paragraph shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint.

14. The following paragraph shall be substituted for paragraph 3 of Schedule 7 to that Act (transitional provisions relating to development plans):-

"3. Subject to the following provisions of this Schedule, where by virtue of paragraph 2 of this Schedule the old development plan for any district is treated as being comprised in a development plan for that district - (a) if there is a conflict between any of its provisions and those of the structure plan for that district, the provisions of the structure plan shall be taken to prevail for the purposes of Parts III, IV, V, VI, VII and IX of this Act and Schedule 11 to this Act; and

(b) if there is a conflict between any of its provisions and those of a local plan, the provisions of the local plan shall be taken to prevail for the purposes of those Parts of this Act and that Schedule.".

15.-(1) The following paragraphs shall be inserted after paragraph 5 of that Schedule:-
"5A. Subject to paragraph SC of this Schedule, on the adoption or approval of a local plan under section 14 of this Act so much of any old development plan as relates to the area to which the local plan relates shall cease to have effect.

5B. The Secretary of State may by order direct that any of the provisions of the old development plan shall continue in force in relation to the area to which the local plan relates.

5C. If the Secretary of State makes an order under paragraph SB of this Schedule, the provisions of the old development plan specified in the order shall continue in force to the extent so specified.".

(2) In paragraph 7 of that Schedule, after the word "paragraph" there shall be inserted the words "5B or".

Local Government Act 1972

1972 c. 70.

16. Section 183(3) of the Local Government Act 1972 (which made provision, now spent, as to development plan schemes) is repealed.

17. The following sub-paragraph shall be substituted for paragraph 9(1) (joint structure plans) of Schedule 16 to that Act:-

"9.-(1) Where a structure plan has been prepared jointly, the power of making proposals under section 10 for the

[page 210]

alteration or for the repeal and replacement of the plan may be exercised as respects their respective areas by any of the authorities by whom it was prepared, and the Secretary of State may under that section direct any of them to submit such proposals as respects their respective areas.".
18. In paragraph 9(2) of that Schedule, for the words "section 10(2)" there shall be substituted the words "section 10(5)".

19. The following sub-paragraphs shall be substituted for paragraph 10(2) and (3) of that Schedule:-

"(2) The local planning authorities shall jointly take such steps as will in their opinion secure -
(a) that adequate publicity is given in their areas to the matters proposed to be included in the plan:

(b) that persons who may be expected to desire an opportunity of making representations to any of the authorities are made aware that they are entitled to an opportunity of doing so; and

(c) that such persons are given an adequate opportunity of making such representations.

(3) The local planning authorities shall consider any representations made to them within the prescribed period.

(3A) Subsection (1) of section 12 shall not apply in relation to joint local plans.

(3B) References in subsections (3) and (4) of that section to subsection (1) of that section and to the purposes of paragraphs (a) to (c) of that subsection shall include references respectively to sub-paragraph (2) above and the purposes of paragraphs (a) to (c) of that sub-paragraph.".

20. In paragraph 12 of that Schedule -
(a) in sub-paragraph (1), the word "making" shall be substituted for the word "submitting" and the word "make" shall be substituted for the word "submit"; and

(b) in sub-paragraph (2), the word "making" shall be substituted for the word "submission".


SCHEDULE 15

Section 90.

FURTHER PLANNING AMENDMENTS

General Planning Control

1971 c. 78.

1. In section 24(3) of the Town and Country Planning Act 1971 (by virtue of which a development order may be made either as a general order applicable (subject to such exceptions as may be specified therein) to all land, or as a special order applicable only to such land as may be so specified) after the words "such land" there shall be inserted the words "or descriptions of land".

2. The following paragraph shall be substituted for subsection (1)(a) of section 27 of that Act (notification of applications to owners and agricultural tenants):-

"(a) a certificate stating that, at the beginning of the period of twenty-one days ending with the date of the application,

[page 211]

no person (other than the applicant) was the owner of any of the land to which the application relates;".
3. In subsection (7) of that section (definition of "owner") for the words from "entitled" to "in the land" there shall be substituted the words "who is for the time being the estate owner in respect of the fee simple in the land or is entitled to a tenancy of the land granted or extended for a term of years certain of which not less than seven years remain unexpired".

4.-(1) The following paragraph shall be inserted after subsection (1)(d) of section 31 of that Act (directions etc. as to method of dealing with applications):-

"(dd) for requiring the local planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;".
(2) In section 36(1) of that Act (appeal against planning decisions) for the words from "for planning" to "permission", in the second place where it occurs, there shall be substituted the words -
"(a) for planning permission to develop land;

(b) for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission; or

(c) for any approval of that authority required under a development order,

and that permission, consent, agreement".

(3) In section 37 of that Act (appeal in default of planning decision) for the words from "an application" to "order", in the first place where it occurs, there shall be substituted the words "any such application as is mentioned in section 36(1) of this Act is made to a local planning authority",

Listed buildings

5. The following section shall be inserted after section 54 of that Act:-

Issue of certificate that building is not intended to be listed.

54A.-(1) Where -

(a) application has been made for planning permission for any development involving the alteration, extension or demolition of a building; or

(b) any such planning permission has been granted,

the issue by the Secretary of State, on the application of any person of a certificate stating that he does not intend to list the building shall have the effect specified in subsection (2) of this section.

(2) The effect of the issue under subsection (1) of this section of a certificate stating that the Secretary of State does not intend to' list a building is to preclude him for a period of 5 years from the date of issue of the


[page 212]

certificate, from exercising in relation to that building any of the powers conferred on him by section 54 of this Act, and to preclude the local planning authority from serving a notice in relation to it under section 58 of this Act.

(3) Notice of an application made under subsection (1) above shall be given to the local planning authority within whose area the building is situated at the same time that the application is submitted to the Secretary of State.

(4) In subsection (3) of this section "local planning authority" shall, in relation to a building in Greater London, include the Greater London Council.".

6.-(1) In subsection (1) of section 55 of that Act (control of works for demolition, alteration or extension of listed buildings) for the words "this Part of this Act ", in the second place where they occur, there shall be substituted the words "subsection (2) of this section ".

(2) The following subsection shall be inserted after subsection (2) of that section:-

"(2A) If written consent is granted by the local planning authority or the Secretary of State for the retention of works for the demolition of a listed building, or for its alteration or extension, which have been executed without consent under subsection (2) of this section, the works are authorised under this Part of this Act from the grant of the consent under this subsection.".
(3) The following subsection shall be inserted after subsection (3) of that section:-
"(3A) Consent under subsection (2) or (2A) of this section is referred to in this Part of this Act as 'listed building consent'.".
7. Subsection (2) of section 56 of that Act (by virtue of which planning permission operates as listed building consent in certain cases) shall cease to have effect.

8. In subsection (3) of that section -

(a) for the words "consists in or includes works for the alteration or extension of a listed building", there shall be substituted the words "affects a listed building or its setting"; and

(b) after the word "building", in the third place where it occurs, there shall be inserted the words "or its setting".

9. The following shall be substituted for the words in subsection (4) of that section (which specifies conditions that may be attached to a grant of planning permission which operates as listed building consent) from the beginning of the subsection to "subsection (2) of this section":-
"(4) Listed building consent may be granted subject to conditions.

[page 213]

(4A) Without prejudice to the generality of subsection (4) of this section, the conditions subject to which listed building consent may be granted".
10. The following subsection shall be substituted for subsection (5) of that section:-
"(5) Listed building consent for the demolition of a listed building may be granted subject to a condition that the building shall not be demolished before a contract for the carrying out of works of redevelopment of the site has been made, and planning permission has been granted for the redevelopment for which the contract provides."
11. The following section shall be inserted after section 56 of that Act.
"Limit of duration of listed building consent.

56A.-(1) Subject to the provisions of this section, every listed building consent shall be granted subject to the condition that the works to which it relates must be begun Dot later than the expiration of -

(a) five years beginning with the date on which the consent is granted; or

(b) such other period (whether longer or shorter) beginning with the said date as the authority granting the consent may direct, being a period which the authority considers appropriate having regard to any material considerations.

(2) If listed building consent is granted without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the works to which it relates must be begun not later than the expiration of five years beginning with the date of the grant.

(3) If listed building consent was granted before 1st January 1978 and without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the works to which it relates must be begun not later than the expiration of three years beginning with the date on which paragraph 11 of Schedule 15 to the Local Government, Planning and Land Act 1980 came into force.

(4) If listed building consent was granted on or after 1st January 1978 but before the date on which paragraph 11 of Schedule 15 to the Local Government. Planning and Land Act 1980 came into force, and was granted without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the works to which it relates must be


[page 214]

begun not later than the expiration of five years beginning with the date on which the said paragraph 11 came into force.

(5) Nothing in this section applies to any consent to the retention of works granted under section 55(2A) of this Act.".

Building Preservation Notices

12. In section 58 of that Act (building preservation notice in respect at building not listed) the word "district" shall be substituted for the word "local" in subsections (1), (3), (5) and (6).

Tree Preservation Orders

13.-(1) In section 60 of that Act (power of local planning authority to make tree preservation orders) -

(a) in subsection (1), for the word "If" there shall be substituted the words "Subject to subsection (1A) below, if";

(b) the following subsection shall be inserted after that subsection:-

"(1A) A county planning authority may only make an order under subsection (1) of this section -
(a) if they make it in pursuance of section 59(b) of this Act;

(b) if it relates to land which does not lie wholly within the area of a single district planning authority;

(c) if it relates to land in which the county planning authority hold an interest; or

(d) if it relates to land in a National Park.";

(c) the following subsection shall be substituted for subsection (4):-
"(4) A tree preservation order shall not take effect until it is confirmed by the local planning authority and the local planning authority may confirm any such order either without modification or subject to such modifications as they consider expedient."; and
(d) in subsection (5) -
(i) in paragraph (a), for the words "submitted to the Secretary of State for confirmation" there shall be substituted the words "confirmed by the local planning authority"; and

(ii) in paragraph (b), for the words "the Secretary of State" there shall be substituted the words "the local planning authority".

(2) Nothing in sub-paragraph (1) above shall affect any order submitted to the Secretary of State for confirmation before the passing of this Act.


[page 215]

14. Section 61(3) of that Act (which gives the Secretary of State power to make regulations about provisional tree preservation orders) shall cease to have effect.

Advertisements

1972 c. 70. 1971 c. 78.

15. Sub-paragraph (2) of paragraph 25 of Schedule 16 to the Local Government Act 1972 (by virtue of which the power conferred by section 63 of the Town and Country Planning Act 1971 of defining areas of special control for the purpose of restricting or regulating the display of advertisements is exercisable both by county planning authorities and by district planning authorities) shall cease to have effect.

Notices as to Waste Land

16. In section 65(1) of the Town and Country Planning Act 1971 (under which a local planning authority may serve on the owner and occupier of a garden, vacant site or other open land a notice requiring the taking of steps for abating injury to amenity) -

(a) the words "district planning authority or the council of a London borough" shall be substituted for the words "local planning authority"; and

(b) the word "they" shall be substituted for the words "the authority".

Listed building enforcement notices

17. The following section shall be inserted after section 99 of that Act:-

Effect of listed building consent on listed building enforcement notice.

99A.-(1) If, after the issue of a listed building enforcement notice, consent is granted under section 55(2A) of this Act for the retention of any work to which the listed building enforcement notice relates, the listed building enforcement notice shall cease to have effect in so far as it requires steps to be taken which would involve the works not being retained in accordance with the consent.

(2) If the consent is granted so as to permit the retention of works without complying with some condition subject to which a previous listed building consent was granted, the listed building enforcement notice shall cease to have effect in so far as it requires steps to be taken for complying with that condition.

(3) The preceding provisions of this section shall be without prejudice to the liability of any person for an offence in respect of a failure to comply with the listed building enforcement notice before the relevant provisions of that notice ceased to have effect.".

Blight notices - objections

18. In section 194(2)(d) of that Act (grounds of objections to blight notice) -

(a) after the word "that", in the first place where it occurs, there shall be inserted the words "(in the case of land falling within paragraph (a) or (c) but not (d), (e) or (f) of section 192(1) of this Act)"; and

[page 216]

(b) for the word "ten" there shall be substituted the word "fifteen".
19. Paragraph 18 above applies (and applies only) to a counter-notice served under section 194 of the Town and Country Planning Act 1971 after the passing of this Act.

Footpaths and bridleways affected by development

20. The following subsection shall be inserted after subsection (4) of section 210 of that Act (footpaths and bridleways affected by development: orders by local planning authorities etc.):-

"(5) Where the planning permission relates to a transferred matter, as defined in section 86(11) of the Local Government, Planning and Land Act 1980, but was granted by a county planning authority before the transfer date, as so defined, this section shall have effect in relation to it as if -
(i) the words "the district planning" were substituted for the words "a competent" in subsections (1) and (2); and

(ii) subsection (4) were omitted.

Statutory undertakers

21. In section 224 of that Act (meaning of "the appropriate Minister" in relation to statutory undertakers) the following paragraph shall be inserted after subsection (1)(d):-

"(dd) in relation to statutory undertakers carrying on an undertaking for the supply of water, in the application of this Act to England, the Secretary of State for the Environment;".
Blight Notices - Advances

22. In section 256 of that Act (assistance for acquisition of property where objection made to blight notice in certain cases) for the words "as may be approved by the Secretary of State" there shall be substituted the words "as the council may think fit".

Isles of Scilly

23.-(1) Section 269 of that Act (application of Act to Isles of Scilly) shall apply to section 87 above as it applies to the provisions specified in Part I of Schedule 21 to that Act.

(2) The reference to sections 6 to 21 of the Town and Country Planning Act 1971 in Part II of Schedule 21 to that Act shall include a reference to the sections inserted in that Act by section 88 of this Act.

Local planning authorities in Greater London

24. In Schedule 3 to that Act (local planning authorities in Greater London) -

(a) in paragraph 4, the word "58" shall be omitted; and

[page 217]

(b) the following paragraph shall be inserted after that paragraph:-
"4A. The Greater London Council shall, as respects any London borough, have concurrently with the council of that borough the functions of a district planning authority under section 58 of this Act.".
Revocation of listed building consent

25. In paragraph 12(1) of Schedule 11 to that Act (which relates to orders revoking or modifying listed building consent) paragraph (b) and the word "and" immediately preceding it shall cease to have effect.

Conservation areas

26.-(1) In section 277 of that Act (designation of conservation areas) -

(a) in subsection (2) (which requires a local planning authority, within such period as the Secretary of State may from time to time direct, to review their past exercise of functions relating to the designation of conservation areas and to determine whether any further areas should be so designated) for the words "within such period as the Secretary of State may from time to time direct" there shall be substituted the words "from time to time"; and

(b) subsection (5)(a) (by virtue of which a London borough is required to consult the Greater London Council before making a determination under the section) and subsection (5)(b) (by virtue of which a district planning authority are required to consult the county council before making a determination under the section) shall cease to have effect.

(2) In section 277A of that Act (control of demolition in conservation areas) the following provisions namely -
(a) subsection (3) (which requires an application for consent to the demolition of a building to which the section applies to be made as a separate application or as part of an application for planning permission to redevelop the site of the building, but provides that consent to demolition shall not be taken to have been given as part of planning permission for redevelopment of the site unless the appropriate authority states that it includes consent to demolish the building); and

(b) in subsection (4) (which empowers the Secretary of State to direct that the section shall not apply to a description of buildings specified in the direction or to an individual building so specified), the words "or to an individual building so specified",

shall cease to have effect.

(3) In section 277B(I) of that Act (which requires a local planning authority to formulate and publish, within such period as may from time to time be directed by the Secretary of State, proposals for the


[page 218]

preservation and enhancement of any parts of their area which are conservation areas) for the words "within such period as may from time to time be directed by the Secretary of State" there shall be substituted the words "from time to time".

27. The following subsections shall be substituted for section 10(1) of the Town and Country Planning (Amendment) Act 1972 (grants and loans for preservation or enhancement of character or appearance of conservation areas):-

"(1) The Secretary of State may out of money provided by Parliament make grants or loans for the purpose of defraying in the whole or in part expenditure incurred or to be incurred in or in connection with, or with a view to the promotion of, the preservation or enhancement of the character or appearance of any conservation area or of any part of a conservation area, in any case where in his opinion the expenditure in question has made or will make a significant contribution towards preserving or enhancing the character or appearance of that area or part.

(1A) In subsection (1) of this section "conservation area" means any area designated as a conservation area under section 277 of the Act of 1971 (areas of special architectural or historic interest).".

Buildings in town schemes

28. The following section shall be inserted after section 10A of that Act:-

"Grants for repair of buildings in town schemes.

10B.-(1) The Secretary of State may, out of money provided by Parliament, make grants for the purpose of defraying in whole or in part any expenditure incurred or to be incurred in the repair of a building which -

(a) is comprised in a town scheme; and

(b) appears to him to be of architectural or historic interest.

(2) For the purposes of this section a building is comprised in a town scheme if -
(a) it is in an area designated as a conservation area under section 277 of the Act of 1971; and

(b) it is included in a town scheme list or shown on a town scheme map.

(3) In subsection (2) above -
"town scheme list", means a list, compiled, after consultation with the appropriate advisory council, by the Secretary of State and one or more local authorities, of buildings which are to be the subject of a repair grant agreement; and

"town scheme map" means a map, prepared after such consultation by the Secretary of State and one or more local authorities, showing buildings which are to be the subject of such an agreement.


[page 219]

(4) In subsection (3) above -
"repair grant agreement" means an agreement between the Secretary of State and any authority who have participated in the compilation of a town scheme list or the preparation of a town scheme map under which the Secretary of State and the authority or authorities who have so participated have agreed that a specified sum of money shall be set aside for a specified period of years for the purpose of making grants for the repair of the buildings included in the town scheme list or shown on the town scheme map.
(5) A grant under this section may be made subject to conditions imposed by the Secretary of State for such purposes as he may think fit.

(6) Subject to subsection (7) below, before making any grant under this section the Secretary of State may consult with the appropriate advisory Council, both as to the making of the grant and as to the conditions subject to which it should be made.

(7) Subsection (6) above shall not apply where the making of a grant appears to the Secretary of State to be a matter of immediate urgency.

(8) The Secretary of State may pay any grant under this section to an authority participating in a town scheme and may make arrangements with any such authority for the way in which the scheme is to be administered.

(9) Arrangements under subsection (8) above may include such arrangements for the offer and payment of grants under this section as may be agreed between the Secretary of State and any authority or authorities participating in a town scheme.

(10) Section 2 of the Local Authorities (Historic Buildings) Act 1962 (recovery of grants made by local authorities on disposal of property within three years) shall apply to a grant made by the Secretary of State under this section as it applies to a grant for the repair of property made by a local authority under that Act; and any reference to a local authority in that section shall accordingly be construed, in relation to a grant under this section, as a reference to the Secretary of State.

(11) In this section -

"the appropriate advisory Council" means -
(a) in relation to a building in England, the Historic Buildings Council for England; and

(b) in relation to a building in Wales, the Historic Buildings Council for Wales; and

"local authority" means -
(a) a county council;

(b) a district council;


[page 220]

(c) a London borough council or tho Common Council of the City of London;

(d) the Greater London Council; and

(e) the Council of the Isles of Scilly.".


SCHEDULE 16

Section 93.

BODIES TO WHOM PART X APPLIES
1. A county council.
2. A district council.
3. The Greater London Council.
4. A London borough council.
5. The Common Council of the City of London.
6. The Commission for the New Towns.
1965 c. 59.
7. A development corporation established under the New Towns Act 1965.
8. An urban development corporation established under this Act.
9. The Housing Corporation.
10. The British Airports Authority,
11. The Civil Aviation Authority.
12. British Shipbuilders.
13. The British Steel Corporation.
14. The National Coal Board.
15. The British Broadcasting Corporation.
16. The Independent Broadcasting Authority.
17. The Post Office.
18. Statutory undertakers.
In paragraph 18 above "statutory undertakers" means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water:

Provided that where any persons carry on a business to the main purpose of which any such undertaking is merely ancillary those persons shall not be treated as statutory undertakers for the purposes of paragraph 18 above.

SCHEDULE 17

Section 101.

COMMUNITY LAND ACT

PART I

PRELIMINARY

1975 c. 77.

1.-(1) In this Schedule "the 1975 Act" means the Community Land Act 1975.

(2) In this Schedule references to sections, Schedules and Parts are to those of the 1975 Act (unless the contrary is indicated).

1971 c. 78. 1972 c. 52.

(3) In this Schedule "the 1971 Act" means the Town and Country Planning Act 1971 and "the Scottish Act of 1972" means the Town and Country Planning (Scotland) Act 1972.


[page 221]

PART II

REPEALS

2. Subject to the following provisions of this Schedule, the 1975 Act shall be repealed on the passing of this Act.

3.-(1) The following provisions of the 1975 Act shall be repealed on the appointed day:-

section 1 (authorities),
section 2 (joint boards),
in section 6, in subsection (1) the definitions of enactment, local authority and new town authority, and sub-section (6),
section 7 and Schedule 2 (appointed days etc.),
section 26 (compensation payable in transaction between certain authorities),
section 40 (grants to authorities who buy or rent Crown land),
section 43 (accounts and records),
section 44 (community land surplus accounts), except (in subsection (3) the words from "or (b)" to the end,
section 51 (power to obtain information),
section 52 (service of documents),
section 53 (orders),
section 54 (directions and consents),
section 55 (local inquiries),
section 56 (offences by corporations),
section 57 (finance),
section 58 (extent etc.).
(2) In sub-paragraph (1) above "the appointed day" means, in relation to any provision of the 1975 Act, the day appointed for its repeal by an order of the Secretary of State made by statutory instrument.

(3) Different days may be so appointed in relation to different provisions of the 1975 Act or for different purposes in relation to any such provision.

PART III

PROVISIONS RE-ENACTED ETC.

4. Part XIV of this Act includes provisions re-enacting or superseding certain provisions of the 1975 Act (in particular, Part II) relating to the Land Authority for Wales.

5. Each provision of the 1975 Act mentioned in column 1 below is re-enacted (in certain cases with modifications) in the corresponding provision of this Act mentioned in column 2 -

1975 ACTTHIS ACT
Section 37 (acquisition and disposal of land by the Crown)Section 122
Section 38 (acquisition of land by Crown in Northern Ireland)Section 123
Section 41 (exclusion of special parliamentary procedure)Section 120


[page 222]

1975 ACTTHIS ACT
Section 47 (certification of appropriate alternative development)Section 121
In Schedule 10 (minor and consequential amendments) -
paragraph 2Schedule 33, paragraph 1
paragraph 3Schedule 33, paragraph 3
paragraph 4(1) to (3) and (5)Schedule 33, paragraph 5
paragraph 5(1) to (3) and (5)Schedule 33, paragraph 7
paragraph 6(1)(a)Schedule 15, paragraph 2
paragraph 7(1)(a)Section 92(1)
paragraph 8(2)Schedule 33, paragraph 13

PART IV

SAVINGS AND SUPPLEMENTARY

General

6. This Part of this Schedule contains savings and supplementary provisions in respect of certain provisions of the 1975 Act repealed by this Act.

Offences

7. No repeal by section 101 above and this Schedule affects liability for any offence committed before the repeal takes effect.

Suspension of planning permission

8.-(1) Sub-paragraphs (2) to (5) below shall have effect in consequence of the repeal by this Act of section 22.

(2) Where planning permission has been suspended under section 19 or 20 - (a) no enforcement notice under Part V of the 1971 Act or under Part V of the Scottish Act of 1972 may be served after the passing of this Act if it could not have been served before then apart from section 22(1);

(b) if such a notice has been served before the passing of this Act and it could not have been served apart from section 22(1), the notice shall be disregarded (subject to paragraph 7 above, which has the effect of saving liability for an offence committed before the repeal of section 22(1». (3) Where planning permission has been suspended under section 19 or 20, in determining, after the passing of this Act, the value of any land for the purpose of compensation, section 22(2) and (3) shall be ignored.

(4) Where -

(a) planning permission has been suspended under section 19 or 20, and

[page 223]

(b) by virtue of section 22(6) the right to serve a blight notice has arisen in respect of an interest in any land (" the blighted land "), and

(c) a notice has been served in respect of the interest before the passing of this Act,

then, notwithstanding the repeal of section 22, section 192(1) of the 1971 Act (and in Scotland section 181(1) of the Scottish Act of 1972) shall continue to have effect as if the land specified therein included the blighted land.

(5) Where planning permission has been suspended under section 19 or 20 and a time limit is accordingly extended under section 22(7), the period of the extension shall expire on the ending of the suspension by virtue of this Act (if it has not expired before then).

Land Authority for Wales

9. The following provisions of this Schedule do not apply to the Land Authority for Wales (in relation to which Schedule 22 below contains savings etc.).

Land

10.-(1) This paragraph applies where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act.

(2) In that case, section 15 shall continue to apply as it applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

11.-(1) Where, immediately before the passing of this Act, an authority holds land for the purposes of Part m, the land shall on the passing of this Act be treated as follows.

(2) Land held by the council of a county, district or London borough, the Common Council of the City of London, the Greater London Council or the Council of the Isles of Scilly shall be treated as if it had been acquired by the council concerned for planning purposes (within the meaning of section 133(1) of the 1971 Act).

(3) Land held by a regional, general or district planning authority shall be treated as if it had been acquired by the authority concerned for planning purposes (within the meaning of section 122(1) of the Scottish Act of 1972).

1965 c. 59. 1968 c. 16.

(4) Land held by a new town authority (that is, a development corporation as defined in section 2 of the New Towns Act 1965, or in section 2 of the New Towns (Scotland) Act 1968) shall be treated as if it had been acquired by the authority under that Act.

(5) Land held by the Peak Park Joint Planning Board or the Lake District Special Planning Board shall be treated as if it had been acquired by the Board concerned under section 119 of this Act.

General duties of authorities

12.-(1) Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal of section 17 and Schedule 6.


[page 224]

(2) In exercising any function after the passing of this Act an authority need not have regard to the matters specified in section 17 and Schedule 6.

(3) In disposing, or agreeing to dispose, of an interest in land after the passing of this Act, an authority need not have regard to an application (whenever made) under paragraph 2 of Schedule 6.

Planning permission for relevant development

13.-(1) Sub-paragraphs (2) to (8) below shall have effect in consequence of the repeal by this Act of sections 19 and 20 and Schedule 7.

(2) Where an election is made under section 19(2) before the passing of this Act, an authority on whom the notice is served need not -

(a) send a copy to any other authority under section 19(2), or

(b) serve a notice under paragraph 4 of Schedule 7 (notice about intention to acquire).

(3) Where an application is made before the passing of this Act for planning permission to which section 20 applied immediately before the passing of this Act, an authority need not serve a notice under paragraph 5 of Schedule 7.

(4) An authority who have before the passing of this Act abandoned their power to purchase land (as mentioned in section 19(5) or 20(2» are not prevented by section 19(5) or 20(2) from acquiring the land under the 1971 Act or under the Scottish Act of 1972 in pursuance of a compulsory purchase order.

(5) Planning permission suspended before the passing of this Act by virtue of section 19(6) or 20(3) shall on the passing of this Act no longer be suspended.

(6) Any notice served under paragraph 4 or 5 of Schedule 7 before the passing of this Act shall cease to be a local land charge on the passing of this Act; and where any such notice has been registered as a local land charge the registration shall, without prejudice to any rules made under the Local Land Charges Act 1975, be cancelled accordingly.

(7) No authority is under a duty to serve a notice under paragraph 6 of Schedule 7 after the passing of this Act.

(8) After the passing of this Act, no copy of an application or notification (in each case, whenever made) need be sent under Part III of Schedule 7 (transmission of information).

Disposal notification areas

14. Any saving having effect immediately before the passing of this Act by virtue of paragraph 7 of Schedule 8 shall continue to have effect notwithstanding the repeal of that paragraph by this Act.

Direction to dispose of land

15. The repeal by this Act of section 45 does not affect a direction made under that section before the passing of this Act.


[page 225]

SCHEDULE 18

Section 102.

THE LAND AUTHORITY FOR WALES

1. The Land Authority for Wales shall by that name be a body corporate and shall consist of such number of members, not less than six and not exceeding nine, as the Secretary of State may from time to time determine.

2.-(1) The members shall be appointed by the Secretary of State, who shall appoint one of them to be chairman of the Authority and may appoint another to be deputy chairman.

(2) Four offices as members of the Authority shall be held by persons appointed by the Secretary of State after consultation with such organisations as appear to him to be representative of local authorities in Wales.

3.-(1) Subject to the provisions of this paragraph, a member of the Authority, and the chairman and deputy chairman, shall hold and vacate office in accordance with the terms of his appointment.

(2) A member may by notice in writing addressed to the Secretary of State resign his membership and the chairman or deputy chairman may by the like notice resign his office.

(3) The Secretary of State may remove a person from membership if satisfied that he -

(a) has become bankrupt or made an arrangement with his creditors; or

(b) is incapacitated by physical or mental illness; or

(c) has been absent from more than six consecutive meetings of the Authority otherwise than for a reason approved by the Secretary of State; or

(d) is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member.

(4) A person who ceases to be a member, or ceases to be chairman or deputy chairman, shall be eligible for re-appointment.

(5) If the chairman or deputy chairman ceases to be a member of the Authority he shall also cease to be chairman or deputy chairman.

(6) A person may hold all or any of the following offices at the same time, that is secretary or other officer of the Authority, member of the Authority and deputy chairman of the Authority; and a person holding the office of chairman of the Authority may hold any other office except that of secretary or deputy chairman.

4. The Authority, with the approval of the Secretary of State, may appoint a secretary of the Authority, and such other officers and servants as the Authority may, after consultation with the Secretary of State and with the consent of the Minister, determine.

5.-(1) The Authority shall pay to members of the Authority such remuneration and allowances as may be determined by the Secretary of State with the consent of the Minister.


[page 226]

(2) In the case of any such person as the Secretary of State may with the consent of the Minister determine, the Authority shall pay such pension, allowance or gratuity to or in respect of him, or make such payment towards the provision of such a pension, allowance or gratuity, as may be so determined.

(3) If a person ceases to be a member of the Authority, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, with the consent of the Minister, require the Authority to pay to that person a sum of such amount as the Secretary of State may with the consent of the Minister determine.

(4) As soon as practicable after the making of any determination under sub-paragraph (2) or sub-paragraph (3) of this paragraph the Secretary of State shall lay a statement thereof before each House of Parliament.

Staff

6. The Authority shall pay to its officers and servants such remuneration and allowances as it may, after consultation with the Secretary of State and with the consent of the Minister, determine.

7.-(1) The Authority shall, in the case of such of the persons employed by it as may be determined by the Authority with the consent of the Secretary of State given with the approval of the. Minister, pay such pensions, allowances or gratuities to or in respect of those persons as may be so determined, make such payments towards the provision of such pensions, allowances or gratuities as may be so determined or provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be so determined.

(2) Where a person employed by the Authority and participating in a scheme for the payment of pensions, allowances or gratuities which is applicable to such persons becomes a member of the Authority, his service as a member may be treated for the purposes of the scheme as service as a person employed by the Authority.

Proceedings and instruments

8.-(1) Subject to the following provisions of this Schedule the Authority shall have power to regulate its own procedure.

(2) The quorum at meetings of the Authority shall be four.

9.-(1) A member of the Authority who is in any way directly or indirectly interested in any land which is the subject of a transaction entered into or proposed to be entered into by the Authority shall disclose the nature of his interest at a meeting of the Authority; and the disclosure shall be recorded in the minutes of the Authority, and the member shall not take any part in any deliberation or decision of the Authority with respect to the transaction.

(2) For the purposes of sub-paragraph (1) above a general notice given at a meeting of the Authority by a member of the Authority to the effect that he is a member of a specified company or firm and is to be regarded as interested in any transaction which may, after the date of the notice, be entered into in relation to that company


[page 227]

or firm, shall be regarded as a sufficient disclosure of his interest in relation to any such transaction.

(3) A member of the Authority need not attend in person at a meeting of the Authority in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.

10. The proceedings of the Authority shall not be invalidated by any vacancy in the number of their members or by any defect in the appointment of any person as a member or chairman or deputy chairman or by any failure to comply with the requirements of paragraph 9 above.

11. The seal of the Authority shall be authenticated by the signature of the secretary or of any person authorised by the Authority to act in that behalf.

12. A certificate signed by the secretary that any instrument purporting to be made or issued by or on behalf of the Authority was so made or issued shall be conclusive evidence of that fact.

13. Every document purporting -

(a) to be an instrument made or issued by or on behalf of the Authority and to be sealed with the seal of the Authority authenticated in the manner provided by paragraph 11 above, or to be signed or executed by the secretary or any person authorised by the Authority to act in that behalf, or

(b) to be such a certificate as is mentioned in paragraph 12 above,

shall be received in evidence and be deemed without further proof to be so made or issued or to be such a certificate, unless the contrary is shown.

Supplemental

14.-(1) A person dealing with the Authority, or with a person claiming under the Authority, shall not be concerned to inquire -

(a) whether any directions have been given to the Authority under this Act or whether any directions so given have been complied with, or

(b) whether the consent or approval of the Secretary of State or the Minister required for any of the purposes of this Act has been given, or whether any condition or limitation subject to which any such consent or approval was given has been complied with,

and, in favour of any such person, the validity of anything done by the Authority shall not be affected by anything contained in any such direction, consent or approval or by reason that any such direction, consent or approval has not been given.

(2) Without prejudice to sub-paragraph (1) above, the validity of a compulsory purchase order made by the Authority shall not be affected by anything contained in a direction given under section


[page 228]

102(4) above or by reason that any such direction has not been complied with.

15. In this Schedule "the Minister" means the Minister for the Civil Service.

SCHEDULE 19

Section 103.

PUBLIC AUTHORITIES

1. The public authorities for the purposes of section 103(5) above are -

(a) a county council,
(b) a district council,
(c) a community council,
(d) a Government department,
(e) the Welsh Development Agency,
(f) the Development Board for Rural Wales,
1965 c. 59.
(g) a development corporation of a new town whose area (as designated by an order under section 1 of the New Towns Act 1965) is wholly or partly situated in Wales,
(h) any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry, and
(j) statutory undertakers.
2. In paragraph 1 above "statutory undertakers" means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water.

3.-(1) The Secretary of State may by order made by statutory instrument direct that any public authority, body or undertakers not specified in paragraph 1 above shall be treated as a public authority for the purposes of section 103(5) above.

(2) A statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 20

Section 104.

LAND AUTHORITY FOR WALES:

ACQUISITION OF LAND

PART I

MODIFICATIONS OF 1946 ACT

1. The 1946 Act shall apply in relation to the compulsory acquisition of land under section 104 above with the modifications made by the following provisions of this Part of this Schedule.

2.-(1) Where a compulsory purchase order of the Authority authorising the acquisition of any land is submitted to the Secretary


[page 229]

of State in accordance with Part I of Schedule 1 then, if the Secretary of State -

(a) is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised therein, but

(b) has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land,

he may confirm the order so far as it relates to the land mentioned in paragraph (a) above, and give directions postponing the consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified.

(2) Where the Secretary of State gives directions under sub-paragraph (1) above, the notices required by paragraph 6 of Schedule 1 to be published and served shall include a statement of the effect of the directions.

3.-(1) Notwithstanding anything in paragraph 10 of Schedule 1, a compulsory purchase order under section 104 above authorising the acquisition of land which has been acquired by statutory undertakers for the purpose of their undertaking may be confirmed without a certificate under that paragraph.

In this sub-paragraph "statutory undertakers" has the meaning given by the 1946 Act, and includes any authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of that Act.

(2) Except where the appropriate Minister's certificate is given, a compulsory purchase order to which this paragraph applies shall be of no effect unless it is confirmed by the appropriate Minister jointly with the Minister or Ministers who would apart from this sub-paragraph have power to confirm it.

In this sub-paragraph "the appropriate Minister's certificate" means such a certificate as is mentioned in paragraph 10 of Schedule 1.

(3) Sections 238 to 240 of the 1971 Act (measure of compensation for statutory undertakers) shall apply in respect of a compulsory acquisition which is effected by a compulsory purchase order which by virtue of this paragraph is confirmed without a certificate.

4. Where the compulsory purchase order was made by the Authority -

(a) a notice under paragraph 3(1)(b) of Schedule 1 (notice specifying the time for making objections) shall be served on the local authorities within whose areas the land is situated,

(b) those local authorities shall have a right to object in accordance with the notice,

(c) the references in paragraph 4 of that Schedule to objections made by an owner, lessee or occupier shall include references to an objection made by such a local authority.


[page 230]

PART II

ACQUISITION OF LAND BY AGREEMENT

1965 c. 56. 1978 c. 30.

5. The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under section 104 above; and in the said Part I as so applied "land" shall have the meaning given by Schedule 1 to the Interpretation Act 1978.

PART III

SUPPLEMENTAL PROVISIONS

Extinguishment of rights over land compulsorily acquired

6.-(1) Subject to the provisions of this paragraph, upon the completion by the Authority of a compulsory acquisition of land under section 104 above all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and any such apparatus shall vest in the Authority.

(2) Sub-paragraph (1) above shall not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking.

(3) In respect of any right or apparatus not falling within sub-paragraph (2) above, sub-paragraph (1) above shall have effect subject -

(a) to any direction given by the Authority before the completion of the acquisition that sub-paragraph (1) above shall not apply to any right or apparatus specified in the direction; and

(b) to any agreement which may be made (whether before or after the completion of the acquisition) between the Authority and the person in or to whom the right or apparatus in question is vested or belongs.

(4) Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the Authority.

(5) Any compensation payable under this paragraph shall be determined in accordance with the Land Compensation Act 1961.

Power to override easements and other rights

7.-(1) The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired by the Authority under section 104 above, whether done by the Authority or by a person deriving title under it, is authorised by virtue of this paragraph if it is done in accordance with planning permission notwithstanding that it involves interference with an interest or right to which this paragraph applies, or involves a breach of a restriction as to the user of land arising by virtue of a contract.

(2) Nothing in this paragraph shall authorise interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or


[page 231]

belonging to statutory undertakers for the purpose of the carrying on of their undertaking.

(3) This paragraph applies to the following interests and rights, that is to say, any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

(4) In respect of any interference or breach in pursuance of sub-paragraph (1) above, compensation shall be payable under section 7 or 10 of the Compulsory Purchase Act 1965, and shall be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase to which the said Act of 1965 applies, or the injury arises from the execution of works on land acquired by such a purchase.

(5) Where a person deriving title under the Authority is liable to pay compensation by virtue of sub-paragraph (4) above, and fails to discharge that liability, the liability shall, subject to sub-paragraph (6) below, be enforceable against the Authority.

(6) Nothing in sub-paragraph (5) above shall be construed as affecting any agreement between the Authority and any other person for indemnifying the Authority against any liability under that sub-paragraph.

(7) Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at tho suit of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1) above.

(8) In this paragraph -

(a) a reference to a person deriving title from another person includes a reference to any successor in title of that other person;

(b) a reference to deriving title is a reference to deriving title, either directly or indirectly.

Use and development of consecrated land and burial grounds

8.-(1) Any consecrated land, whether or not including a building, which has been acquired by the Authority under section 104 above may, subject to the following provisions of this paragraph, be used by any person in any manner in accordance with planning permission, notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.

(2) Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground.

(3) Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land (not being consecrated land) acquired by the Authority under section 104 above, which at the time of acquisition included a church or other building used or formerly used for religious worship or the site thereof, shall be subject to


[page 232]

compliance with the requirements of regulations made by the Secretary of State for the purposes of this paragraph with respect to the removal and re-interment of any human remains, and the disposal of monuments and fixtures and furnishings.

(4) Any use of consecrated land authorised by sub-paragraph (1) above shall be subject to such provisions as may be prescribed by such regulations for prohibiting or restricting the use of tho land, either absolutely or until the prescribed consent has been obtained. 10 long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land.

(5) Any regulations made for the purposes of this paragraph -

(a) shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;

(b) shall contain requirements relating to the disposal of any such land as is mentioned in sub-paragraphs (3) and (4) above such as appear to the Secretary of State requisite for securing that the provisions of those sub-paragraphs shall be complied with in relation to the use of the land; and

(c) may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear to the Secretary of State to be expedient for the purposes of the regulations.

(6) Any land consisting of a burial ground or part of a burial ground, which has been acquired as mentioned in sub-paragraph (1) above, may be used by any person in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.

(7) Sub-paragraph (6) above shall not have effect in respect of any land which has been used for the burial of the dead until the requirements prescribed by regulations made under this paragraph with respect to the removal and re-interment of human remains, and the disposal of monuments, in or upon the land have been complied with.

(8) Provision shall be made by any regulations made for the purposes of this paragraph -

(a) for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and re-interment of any human remains or the disposal of any monuments;

(9) for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and


[page 233]

re-interment of the remains of the deceased, and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, re-interment and disposal, not exceeding such amount as may be prescribed;

(c) for requiring compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal, and the place and manner of re-interment of any human remains, and the disposal of any monuments, and with any directions given in any case by the Secretary of State with, respect to the removal and reinterment of any human remains.

1857 c. 81.

(9) Subject to the provisions of regulations made under this paragraph, no faculty shall be required for the removal and re-interment in accordance with the regulations of any human remains, or for the removal or disposal of any monuments, and the provisions of section 25 of the Burial Act 1857 (prohibition of removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the regulations.

(10) Regulations under this paragraph shall be subject to annulment by a resolution of either House of Parliament.

(11) Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in sub-paragraph (1) or (6) above.

(12) In this paragraph "burial ground "includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and "monument "includes a tombstone or other memorial.

Use and development of land for open spaces

9.-(1) Any land being, or forming part of, a common or open space or fuel or field garden allotment, which has been acquired by the Authority under section 104 above may be used by any person in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.

(2) Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment as is mentioned in sub-paragraph (1) above.

Saving for paragraphs 8 and 9

10.-(1) This paragraph applies as respects paragraphs 8 and 9 above.

(2) In relation to any authority or body corporate, nothing in the said paragraphs shall be construed as authorising any act or omission on their part in contravention of any limitation imposed by


[page 234]

law on their capacity by virtue of the constitution of the authority or body.

(3) Any power conferred by the said paragraphs to use land in a manner therein mentioned shall be construed as a power to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not.

Construction of the Compulsory Purchase Acts in relation to this Part of this Act

1965 c. 56.

11. In construing the Compulsory Purchase Act 1965 in relation to section 104 above -

(a) references to the execution of works shall be construed as including references to any erection, construction or carrying out of buildings or works authorised by paragraph 7 of this Schedule;

(b) in relation to the erection, construction or carrying out of any buildings or works so authorised, references in section 10 of the said Act of 1965 to the acquiring authority shall be construed as references to the persons by whom the buildings or works in question are erected, constructed or carried out.

Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers

12.-(1) Where any land has been acquired by the Authority under section 104 above and -

(a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over that land; or

(b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking,

the Authority, if satisfied that the extinguishment of the right or, as the case may be, in the removal of the apparatus, is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice stating that, at the end of the period of 28 days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of that period, the apparatus shall be removed.

(2) The statutory undertakers on whom a notice is served under sub-paragraph (1) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the Authority stating that they object to all or any provisions of the notice and specifying the grounds of their objection.

(3) If no counter-notice is served under sub-paragraph (2) above -

(a) any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice; and

[page 235]

(b) if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the Authority may remove the apparatus and dispose of it in any way it may think fit.
(4) If a counter-notice is served under sub-paragraph (2) above on the Authority, the Authority may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph embodying the provisions of the notice with or without modification.

(5) Where by virtue of this paragraph any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the Authority.

(6) Sections 238 and 240 of the 1971 Act (measure of compensation for statutory undertakers) shall apply to compensation under sub paragraph (5) above as they apply to compensation under section 237(2) of the 1971 Act.

Orders under paragraph 12

13.-(1) Before making an order under paragraph 12(4) above the Ministers proposing to make the order -

(a) shall afford to the statutory undertakers on whom notice was served under paragraph 12(1) above an opportunity of objecting to the application for the order; and

(b) if any objection is made, shall consider the objection and afford to those statutory undertakers and to the Authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State and the appropriate Minister for the purpose.

and may then, if they think fit, make the order in accordance with the application either with or without modification.

(2) Where an order is made under paragraph 12(4) above -

(a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and

(b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the Authority may remove the apparatus and dispose of it in any way it may think fit.

Notice for same purposes as paragraph 12 but given by statutory undertakers to Authority

14.-(1) Subject to the provisions of this paragraph, where any land has been acquired by the Authority under section 104 above and -

(a) there is on, under or over the land apparatus vested in or belonging to statutory undertakers; and

[page 236]

(b) the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,
the undertakers may serve on the Authority a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

(2) Where, after the land bas been acquired as mentioned in sub-paragraph (1) above, development of the land is begun to be carried out, no notice under this paragraph shall be served later than 21 days after the beginning of the development.

(3) Where a notice is served under this paragraph, the Authority may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice stating that it objects to all or any of the provisions of the notice and specifying the grounds of its objection.

(4) If no counter-notice is served under sub-paragraph (3) above, the statutory undertakers shall, after the end of the said period of 28 days, have the rights claimed in their notice.

(5) If a counter-notice is served under sub-paragraph (3) above, the statutory undertakers who served the notice under this paragraph may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.

(6) Where by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the Authority for the works to be carried out by the Authority, under the superintendence of the undertakers, instead of by the undertakers themselves.

(7) Where works are carried out for the removal or re-siting of statutory undertakers' apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the Authority.

(8) Sections 238 and 240 of the 1971 Act (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (7) above as they apply to compensation under section 237(3) of the 1971 Act.

Rights of entry

15.-(1) Any person, being an officer of the Valuation Office of the Inland Revenue Department or a person duly authorised in writing by the Authority, may at any reasonable time enter any land for the purposes of surveying it, or estimating its value, in connection


[page 237]

with any proposal to acquire that land or any other land, under section 104 above, or in connection with any claim for compensation in respect of any such acquisition.

(2) Any person duly authorised in writing by the Authority may, at any reasonable time enter upon any land for the purpose of surveying it in order to enable the Authority to determine whether to make an application for planning permission for the carrying out of development of that land.

(3) Subject to the provisions of paragraph 16 below, any power conferred by this paragraph to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein.

16.-(1) A person authorised under paragraph 15 above to enter any land shall, if so required, produce evidence of his authority before so 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.

(2) Any person who wilfully obstructs a person acting in the exercise of his powers under paragraph 15 above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

(3) If any person who, in compliance with the provisions of paragraph 15 above, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises, be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine, or both.

1977 c. 45. 1980 c. 43.

In this sub-paragraph "the statutory maximum" means the prescribed sum within the meaning of section 28 of the Criminal Law Act 1977 (at the passing of this Act £1,000) or, after the commencement of the Magistrates' Courts Act 1980, within the meaning of section 32 of that Act.

(4) Where any land is damaged in the exercise of a right of entry conferred under paragraph 15 above or in the making of any survey for the purpose of which any such right of entry has been so conferred, compensation in respect of that damage may be recovered by any person interested in the land from the Secretary of State or the Authority.

(5) Except in so far as may be otherwise provided by regulations made by the Secretary of State under this sub-paragraph, any question of disputed compensation under sub-paragraph (4) above shall be referred to and determined by the Lands Tribunal.

1961 c. 33.

In relation to the determination of any question under this sub-paragraph, the provisions of sections 2 and 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications and to the provisions of any regulations under this sub-paragraph.


[page 238]

(6) Where under paragraph 15 above a person proposes to carry out any works authorised by sub-paragraph (3) of that paragraph -

(a) he shall not carry out those works unless notice of his intention to do so was included in the notice required by sub-paragraph (1) of this paragraph, and

(b) if the land in question is held by statutory undertakers and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the appropriate Minister.

Displacement of Rent Acts

17. If the Secretary of State certifies that possession of a house which has been acquired by the Authority under section 104 above, and is for the time being held by the Authority for the purposes for which it was acquired, is immediately required for those purposes, nothing in the Rent Act 1977 shall prevent the Authority from obtaining possession of the house.

SCHEDULE 21

Section 106.

LAND AUTHORITY FOR WALES:

FURTHER PROVISIONS

Borrowing powers

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.


[page 239]

(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

2.-(1) The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of and the payment of interest on 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 resect 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.

Accounts and audit

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.


[page 240]

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

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

[page 241]

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

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

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, and 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.

Register of land holdings

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.


[page 242]

(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

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 £500.

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.


[page 243]

(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

1972 c. 70.

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

Regulations and orders

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 or required 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

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

13. Section 250 of the Local Government Act 1972 shall extend to any public local inquiry held under the 1946 Act, by virtue of this Part of this Act, as if the Authority were a local authority.


[page 244]

Exclusion of special parliamentary procedure

14.-(1) The 1946 Act shall apply to any compulsory acquisition of an interest in land where -

(a) the notice of the making or preparation in draft of a compulsory purchase order is first duly published after the passing of this Act, and

(b) the acquisition is by the Authority under section 104 above, subject to the modification made by this paragraph.

(2) Paragraph 9 of Schedule 1 to the 1946 Act (special parliamentary procedure for acquisitions from local authorities, statutory undertakers and National Trust) shall not apply to the acquisition except where the interest belongs to the National Trust.

Crown land

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 section 266(7) of the 1971 Act.

Offences by corporations

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.

SCHEDULE 22

Section 110.

SUPPLEMENTARY PROVISIONS (WALES)

Loans

1. Any sum borrowed under section 10 of the 1975 Act, and outstanding immediately before the passing of this Act, shall be treated as borrowed under paragraph 1 of Schedule 21 above.


[page 245]

Guarantees

2. Any guarantee given under section 11 of the 1975 Act and having effect immediately before the passing of this Act shall have effect as if given under paragraph 2 of Schedule 21 above, and sums issued under section 11 shall be treated accordingly.

Accounts etc.

3.-(1) Entries contained immediately before the passing of this Act in an account or record kept by the Authority under section 12 of the 1975 Act shall on the passing of this Act cease to be so contained but, as soon as practicable after accounts and records are opened under paragraph 3 of Schedule 21 above, corresponding entries shall be made in those accounts and records.

(2) Entries contained immediately before the passing of this Act in an account or record kept by the Authority under section 43 of the 1975 Act shall on the passing of this Act cease to be so contained but, as soon as practicable after accounts and records are opened under paragraph 4 of Schedule 21 above, corresponding entries shall be made in those accounts and records.

(3) Paragraphs 3, 4 and 5 of Schedule 21 above shall then have effect accordingly.

Land

4. Where before the passing of this Act a binding contract has been made by the Authority to dispose of or acquire land, section 14 or (as the case may be) 15 of the 1975 Act shall continue to apply as they applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

5.-(1) A compulsory purchase order made by the Authority before the passing of this Act shall (subject to sub-paragraph (2) below) be disregarded on the passing of this Act.

(2) Where a compulsory purchase order has been made by the Authority and submitted to the confirming authority for confirmation before the passing of this Act, section 15 of the 1975 Act shall continue to apply as it applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

Staff

6.-(1) A person who was a member, officer or servant of the Authority immediately before the passing of this Act shall continue to be a member, officer or servant as if appointed under this Part of this Act.

(2) Nothing in this Act shall put a person in a worse position as regards his appointment.

(3) The Secretary of State may, with the consent of the Minister for the Civil Service, make regulations requiring the Authority to pay (in such cases and to such extent as may be determined by or under the regulations) compensation to or in respect of any such person who, after the passing of this Act and as a result of the changes in the Authority's functions arising from this Part of this Act, ceases to be


[page 246]

a member, officer or servant of the Authority or suffers a loss or diminution of emoluments or pension rights.

Rights and liabilities

7. Rights and liabilities vested in the Authority immediately before the passing of this Act shall remain vested in the Authority and (subject to paragraphs 8 and 9 below) be treated as if they had been acquired or incurred under this Part of this Act.

8. Where a right was acquired by the Authority before the passing of this Act, and could not have been acquired under this Part of this Act, it may be enforced by the Authority as if this Act had not been passed.

9. Where a liability was incurred by the Authority before the passing of this Act, and could not have been incurred under this Part of this Act, it may be enforced against the Authority as if this Act had not been passed.

Property

10. Property vested in the Authority immediately before the passing of this Act, and property later acquired by the Authority by virtue of any of the preceding provisions of this Schedule, shall be treated as if it were acquired by the Authority for the purposes of this Part of this Act.

General duties

11.-(1) Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal of section 17 of and Schedule 6 to the 1975 Act.

(2) In exercising its functions after the passing of this Act the Authority shall have regard to section 103 above and need not have regard to the matters specified in section 17 of and Schedule 6 to the 1975 Act.

(3) In disposing, or agreeing to dispose, of an interest in land after the passing of this Act, the Authority need not have regard to an application (whenever made) under paragraph 2 of Schedule 6 to the 1975 Act.

Planning permission for relevant development

12.-(1) Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal by this Act of sections 1 <) and 20 of and Schedule 7 to the 1975 Act.

(2) Paragraph 13(2) to (7) of Schedule 17 above shall apply (with the appropriate modifications) as if the Authority were an authority to which those sub-paragraphs apply.

(3) If, before the passing of this Act, there was a duty to send to the Authority a copy of an application or notification under Part III of Schedule 7 to the 1975 Act, there shall continue to be such a duty after the passing of this Act notwithstanding the repeal of that Part.


[page 247]

Amended Acts

1960 c. 67.

13. In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (which specifies the bodies in England and Wales to which that Act applies) paragraph (bb) shall continue to have effect as it had effect immediately before the passing of this Act and accordingly to read thus:-

"(bb) the Land Authority for Wales.".
1974 c. 7.

14.-(1) Section 25(1)(aa) of the Local Government Act 1974 (authorities subject to investigation) shall continue to have effect as it had effect immediately before the passing of this Act, except that the words from "and" to the end shall be omitted.

(2) Accordingly, section 25(1)(aa) shall read:

"(aa) the Land Authority for Wales.".
(3) Section 30(2A) of the Local Government Act 1974 shall continue to have effect as it had effect immediately before the passing of this Act and accordingly to read thus:-
"(2A) Where the complaint related to the Land Authority for Wales, the Local Commissioner shall also send the report or statement to the Secretary of State.".
1975 c. 24.

15. The entry relating to the Authority in Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) shall continue to have effect as it had effect immediately before the passing of this Act, and accordingly there shall continue to be inserted in that Part at the appropriate place in alphabetical order:-

"The Land Authority for Wales".
General

16. The Secretary of State may by order made by statutory instrument make such further provisions containing savings and transitionals about the Land Authority for Wales as he sees fit (including, if he sees fit, provisions supplementing the preceding provisions of this Schedule).

SCHEDULE 23

Section 118.

LAND: MISCELLANEOUS AMENDMENTS

PART I

AMENDMENTS OF ACQUISITION OF LAND (AUTHORISATION PROCEDURE) ACT 1946

1946 c. 49.

1. In Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946 -

(a) in paragraph 3(1)(b), omit the words from "except" to "case";

(b) in paragraph 3(1) omit head (c) and the proviso;


[page 248]

(c) in paragraph 7 A omit "the confirming authority and to" and "or affixing of notices"; and

(d) in paragraph 19(4) -

(i) for "having jurisdiction to confirm or" substitute "or authority having jurisdiction to"; and

(ii) add the following proviso at the end:-

"Provided that this sub-paragraph shall not have effect in relation to an owner, lessee or occupier being a local authority or statutory undertakers or the National Trust.".

PART II

AMENDMENTS OF NATIONAL PARKS AND ACCESS TO THE COUNTRYSIDE ACT 1949

1949 c. 97.

2.-(1) Subsection (4) of section 77 of the National Parks and Access to the Countryside Act 1949 (under which the power to acquire land for public access to the open country in a National Park is in certain circumstances exercisable by the Minister of Agriculture, Fisheries and Food) shall cease to have effect.

(2) Accordingly, in subsection (5) of that section, for the words from the beginning to "be" there shall be substituted the words "The Secretary of State".

PART III

AMENDMENTS OF TOWN AND COUNTRY PLANNING ACT 1959

1959 c. 53.

3. The following subsection shall be substituted for section 23(2) of the Town and Country Planning Act 1959:-

"(2) Before exercising any power of appropriation in relation to land which consists or forms part of an open space, not being land which consists or forms part of a common or of a fuel or field garden allotment, an authority to whom this Part of this Act applies -
(a) shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and

(b) shall consider any objections to the proposed appropriation which may be made to them.".

4. In section 23(3) of that Act the words following paragraph (ii) shall cease to have effect.

5. The following subsection shall be substituted for subsection (2) of section 26 of that Act (disposal):-


[page 249]

"(2) Before disposing of any land which consists or forms part of an open space, not being land which consists or forms part of a common or of a fuel or field garden allotment, an authority to whom this Part of this Act applies -
(a) shall publish notice of their intention to do so for at least two consecutive weeks in a newspaper Circulating in their area; and

(b) shall consider any objections to the proposed disposal which may be made to them.".

6. In the said section 26 -
(a) subsection (3); and

(b) in subsection (5), the words following paragraph (ii)

shall cease to have effect

7. Section 30(5) (supplementary) of that Act shall cease to have effect.

PART IV

AMENDMENTS OF TOWN AND COUNTRY PLANNING ACT 1971

1971 c. 78.

8. In section 119 of the Town and Country Planning Act 1971 (acquisition of land by agreement) subsection (2) (Secretary of State's consent) shall cease to have effect.

9. In section 121(1) of that Act (appropriation of commons etc.) the words "open space" shall be omitted.

10. The following subsections shall be substituted for subsections (2) and (3) of section 122 of that Act (appropriation of land for planning purposes):-

"(2) The consent of the Secretary of State shall be requisite to any appropriation under this section of land which, immediately before the appropriation, is land which consists or forms part of a common, or formerly consisted or formed part of a common, and is held or managed by a local authority in accordance with a local Act.

(2A) Any such consent may be given either in respect of a particular appropriation or in respect of appropriations of any class, and may be given either subject to or free from any conditions or limitations.

(2B) Before appropriating under this section any land which consists of or forms part of an open space, a local authority -

(a) shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and

(b) shall consider any objections to the proposed appropriation which may be made to them.".


[page 250]

11. The following subsections shall be substituted for subsections (2) to (6) of section 123 of that Act (disposal of land held for planning purposes):-

"(2) The consent of the Secretary of State shall be requisite to any disposal under this section -
(a) of land which, immediately before the disposal, is land which consists or forms part of a common, or formerly consisted or formed part of a common, and is held or managed by a local authority in accordance with a local Act; or

(b) where the disposal is to be for a consideration less than the best that can reasonably be obtained and is not -

(i) the grant of a term of seven years or less; or

(ii) the assignment of a term of years of which seven years or less are unexpired at the date of the assignment.

(2A) Before disposing under this section of any land which consists of or forms part of an open space, a local authority -
(a) shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and

(b) shall consider any objections to the proposed disposal which may be made to them.".

PART V

AMENDMENTS OF LOCAL GOVERNMENT ACT 1972

1972 c. 70.

12.-(1) In section 122 of the Local Government Act 1972 (appropriation of land by principal councils) the words in subsection (2) following paragraph (b) shall cease to have effect.

(2) The following subsections shall be inserted after that subsection:-

"(2A) A principal council may not appropriate under subsection (1) above any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them.

(2B) Where land appropriated by virtue of subsection (2A) above is held -

(a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

[page 251]

(b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),
the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.".
13. Subsections (3) and (5) of that section shall cease to have effect.

14. The following subsections shall be inserted after subsection (2) of section 123 of that Act (disposal of land by principal councils):-

"(2A) A principal council may not dispose under subsection (1) above of any land consisting or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.

(2B) Where by virtue of subsection (2A) above a council dispose of land which is held -

(a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

(b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the disposal be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.".
15. Subsections (3), (4) and (5) of that section shall cease to have effect,

16. Section 123A of that Act (consent for disposals of land by principal councils) shall cease to have effect.

17.--(1) In section 126 of that Act (appropriation of land by parish and community councils and by parish meetings) the words in subsection (4) following paragraph (b) shall cease to have effect.

(2) The following subsections shall be inserted after that subsection:-


[page 252]

"(4A) Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them.

(4B) Where land appropriated by virtue of subsection (4A) above is held -

(a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

(b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.".
18. Subsection (5) of that section shall cease to have effect.

19. The following subsection shall be substituted for section 127(3) of that Act (which applies certain provisions of section 123 to disposals of land held by parishes and communities):-

(3) Subsections (2A) and (2B) of section 123 above shall apply in relation to the disposal of land under this section as they apply in relation to the disposal of land under that section, with the substitution of a reference to a parish or community council or the parish trustees of a parish for the reference to a principal council in the said subsection (2A).".
20. The following definition shall be inserted in section 270(1) of that Act after the definition of "1963 Act":-
"'open space' has the meaning assigned to it by section 290(1) of the Town and Country Planning Act 1971;".
PART VI

AMENDMENT OF LOCAL GOVERNMENT (SCOTLAND) ACT 1973

1973 c. 65.

21. Section 74A of the Local Government (Scotland) Act 1973 (no local authority in Scotland to dispose of certain interests in land without Secretary of State's consent) shall cease to have effect.


[page 253]

SCHEDULE 24

Section 121.

LAND COMPENSATION ACTS AS AMENDED

PART I

1961 c. 33.

SECTION 17 OF LAND COMPENSATION ACT 1961

Certification of appropriate alternative development.

17.-(1) Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, and that land or part thereof does not consist or form part of -

(a) an area defined in the development plan as an area of comprehensive development, or

(b) an area shown in the development plan as an area allocated primarily for a use which is of a residential, commercial or industrial character, or for a range of two or more uses any of which is of such a character,

then, subject to subsection (2) of this section, either of the parties directly concerned may apply to the local planning authority for a certificate under this section.

(2) If, in the case of an interest in land falling within subsection (1) of this section, the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority, and a reference has been made to the Lands Tribunal to determine the amount of the compensation payable in respect of that interest, no application for a certificate under this section shall be made by either of the parties directly concerned after the date of that reference except either -

(a) with the consent in writing of the other of those parties, or

(b) with the leave of the Lands Tribunal.

(3) An application for a certificate under this section -
(a) shall state whether or not there are, in the applicant's opinion, any classes of development which, either immediately or at a future time, would be appropriate for the land in question if it were not proposed to be acquired by any authority possessing compulsory purchase powers and, if so, shall specify the classes of development and the times at which they would be so appropriate;

(b) shall state the applicant's grounds for holding that opinion; and

(c) shall be accompanied by a statement specifying the date on which a copy of the application has been or will be served on the other party directly concerned.

(4) Where an application is made to the local planning authority for a certificate under this section in respect of an interest in land, the local planning authority shall, not earlier than twenty-one days after the date specified in the statement mentioned in paragraph (c) of subsection (3) of this section, issue to the applicant a certificate stating either of the following to


[page 254]

be the opinion of the local planning authority regarding the grant of planning permission in respect of the land in question, if it were not proposed to be acquired by an authority possessing compulsory purchase powers, that is to say -

(a) that planning permission for development of one or more classes specified in the certificate (whether specified in the application or not) would have been granted; or

(b) that planning permission would not have been granted for any development other than the development (if any) which is proposed to be carried out by the authority by whom the interest is proposed to be acquired.

(5) Where, in the opinion of the local planning authority, planning permission would have been granted as mentioned in paragraph (a) of subsection (4) of this section, but would only have been granted subject to conditions, or at a future time, or both subject to conditions and at a future time, the certificate shall specify those conditions, or that future time, or both, as the case may be, in addition to the other matters required to be contained in the certificate.

(6) For the purposes of subsection (5) of this section, a local planning authority may formulate general requirements applicable to such classes of case as may be described therein; and any conditions required to be specified in the certificate in accordance with that subsection may, if it appears to the local planning authority to be convenient to do so, be specified by reference to those requirements, subject to such special modifications thereof (if any) as may be set out in the certificate.

(7) In determining, for the purposes of the issue of a certificate under this section, whether planning permission for any particular class of development would have been granted in respect of any land, the local planning authority shall not treat development of that class as development for which planning permission would have been refused by reason only that it would have involved development of the land in question (or of that land together with other land) otherwise than in accordance with the provisions of the development plan relating thereto.

(8) Where an application for a certificate under this section relates to land of which part (but not the whole) consists or forms part of such an area as is mentioned in paragraph (a) or paragraph (b) of subsection (1) of this section, any certificate issued under this section in pursuance of that application shall be limited to so much of that land as does not fall within any such area.

(9) On issuing to one of the parties directly concerned a certificate under this section in respect of an interest in land, the local planning authority shall serve a copy of the certificate on the other of those parties.

PART II

1963 c. 51.

SECTION 25 OF LAND COMPENSATION (SCOTLAND) ACT 1963

Certification of appropriate alternative development.

25.-(1) Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, and, that


[page 255]

land or part thereof does not consist or form part of-

(a) an area defined in the development plan as an area of comprehensive development, or

(b) an area shown in the development plan as an area allocated primarily for a use which is of a residential, commercial or industrial character, or for a range of two or more uses any of which is of such a character,

then, subject to subsection (2) of this section, either of the parties directly concerned may apply to the planning authority for a certificate under this section.

(2) If, in the case of an interest in land falling within subsection (1) of this section, the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority, and a reference has been made to the Lands Tribunal for Scotland to determine the amount of the compensation payable in respect of that interest, no application for a certificate under this section shall be made by either of the parties directly concerned after the date of that reference except either -

(a) with the consent in writing of the other of those parties, or

(b) with the leave of the Lands Tribunal for Scotland.

(3) An application for a certificate under this section -
(a) shall state whether or not there are, in the applicant's opinion, any classes of development which, either immediately or at a future time, would be appropriate for the land in question if it were not proposed to be acquired by any authority possessing compulsory purchase powers and, if so, shall specify the classes of development and the times at which they would be so appropriate;

(b) shall state the applicant's grounds for holding that opinion; and

(c) shall be accompanied by a statement specifying the date on which a copy of the application has been or will be served on the other party directly concerned.

(4) Where an application is made to the planning authority for a certificate under this section in respect of an interest in land, the planning authority shall, not earlier than twenty-one days after the date specified in the statement mentioned in subsection (3)(c) of this section, issue to the applicant a certificate stating that, in the opinion of the planning authority in respect of the land in question, either -
(a) planning permission for development of one or more classes specified in the certificate (whether specified in the application or not) would have been granted; or

(b) planning permission would not have been granted for any development other than the development (if any) which is proposed to be carried out by the authority by whom the interest is proposed to be acquired.


[page 256]

(5) Where, in the opinion of the planning authority, planning permission would have been granted as mentioned in subsection (4)(a) of this section, but would only have been granted subject to conditions, or at a future time, or both subject to conditions and at a future time, the certificate shall specify those conditions, or that future time, or both, as the case may be, in addition to the other matters required to be contained in the certificate.

(6) For the purposes of subsection (5) of this section, a planning authority may formulate general requirements applicable to such classes of case as may be described therein; and any conditions required to be specified in the certificate in accordance with that subsection may, if it appears to the planning authority to be convenient to do so, be specified by reference to those requirements, subject to such special modifications thereof (if any) as may be set out in the certificate.

(7) In determining, for the purposes of the issue of a certificate under this section, whether planning permission for any particular class of development would have been granted in respect of any land, the planning authority shall not treat development of that class as development for which planning permission would have been refused by reason only that it would have involved development of the land in question (or of that land together with other land) otherwise than in accordance with the provisions of the development plan relating thereto.

(8) Where an application for a certificate under this section relates to land of which part (but not the whole) consists or forms part of such an area as is mentioned in subsection (1)(a) or subsection (1)(b) of this section, any certificate issued under this section in pursuance of that application shall be limited to so much of that land as does not fall within any such area.

(9) On issuing to either of the parties directly concerned a certificate under this section in respect of an interest in land, the planning authority shall serve a copy of the certificate on the other of those parties.

SCHEDULE 25

Section 133.

NEW TOWNS

PART I

1965 c. 59.

AMENDMENTS OF 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.

[page 257]

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.

1946 c. 68.

(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 New Towns Act 1946) while that provision was in force.


[page 258]

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 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

1968 c. 16.

AMENDMENT OF 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

1961 c. 33.

8.-(1) After paragraph 8 of Schedule 1 to the 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

1963 c. 51.

9.-(1) In Schedule 1 to the 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


[page 259]

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.

SCHEDULE 26

Section 135.

URBAN DEVELOPMENT CORPORATIONS

Members

1. An urban development corporation (in this Schedule referred to as a "corporation") shall consist of a chairman, a deputy chairman and such number of other members (not less than five but not exceeding 11) as the Secretary of State may by order under section 135 above prescribe.

2.-(1) The members of a corporation shall be appointed by the Secretary of State.

(2) In appointing members of the corporation the Secretary of State shall have regard to the desirability of securing the services of people having special knowledge of the locality in which the urban development area, is or will be situated.

(3) In relation to the possible appointment of people falling within sub-paragraph (2) above, the Secretary of State shall consult such local authorities as appear to him to be concerned with the regeneration of the urban development area.

(4) The Secretary of State shall appoint two of the members to be respectively chairman and deputy chairman of the corporation.

3. Subject to the following provisions of this Schedule, a member of the corporation, and the chairman and deputy chairman of the corporation, shall hold and vacate office as such in accordance with the terms of the instrument by which they are respectively appointed.

4. If the chairman or deputy chairman ceases to be a member of the corporation, he shall also cease to be chairman or deputy chairman, as the case may be.

5. Any member of the corporation may, by notice in writing


[page 260]

addressed to the Secretary of State, resign his membership; and the chairman or deputy chairman may, by the like notice, resign his office as such.

6. If the Secretary of State is satisfied that a member of the corporation (including the chairman or deputy chairman) -

(a) has become bankrupt or made an arrangement with his creditors (or in Scotland has had his estate sequestrated or has made a trust deed for the behoof of his creditors or a composition contract), or

(b) is incapacitated by physical or mental illness, or

(c) has been absent from meetings of the corporation for a period longer than 3 consecutive months without the permission of the corporation, or

(d) is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member,

the Secretary of State may remove him from his office.

7. A member of the corporation who ceases to be a member or ceases to be chairman or deputy chairman shall be eligible for reappointment.

Remuneration

8. The corporation may pay to each member such remuneration and allowances as the Secretary of State may determine with the consent of the Minister for the Civil Service.

9. The corporation may payor make provision for paying, to or in respect of any member, such sums by way of pensions, allowances and gratuities as the Secretary of State may determine with the consent of the Minister for the Civil Service.

10. Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the corporation may make to him payment of such amount as the Secretary of State may determine with the consent of the Minister for the Civil Service.

Staff

11.-(1) A corporation may, with the approval of the Secretary of State, appoint such officers and servants as the corporation may determine.

(2) References in paragraph 12 below to employees of a corporation are to persons appointed in pursuance of this paragraph.

12.--(1) Employees of a corporation shall be appointed at such remuneration and on such other terms and conditions as the corporation may determine.

(2) A corporation may pay such pensions, allowances or gratuities as it may determine to or in respect of any of its employees, make such payments as it may determine toward's the provision of pensions,allowances or gratuities to or in respect of any of its employees


[page 261]

or provide and maintain such schemes as it may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of its employees.

(3) The reference in sub-paragraph (2) above to pensions, allowances or gratuities to or in respect of any of a corporation's employees includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the corporation's employees who suffer loss of office or employment or loss or diminution of emoluments.

(4) If an employee of a corporation becomes a member and was by reference to his employment by the corporation a participant in a pension scheme maintained by tho corporation for the benefit of any of its employees, the corporation may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the corporation whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 9 above.

(5) A determination of the corporation for the purposes of this paragraph is ineffective unless made with the approval of the Secretary of State given with the consent of the Minister for the Civil Service.

Meetings and proceedings

13. The quorum of the corporation and the arrangements relating to its meetings shall, subject to any directions given by the Secretary of State, be such as the corporation may determine.

14. The validity of any proceeding of the corporation shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.

Instruments, etc.

15. The fixing of the seal of the corporation shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the corporation to act for that purpose.

16. Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the corporation by any person generally or specially authorised by it to act for that purpose.

17. Any document purporting to be a document duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

House of Commons disqualification

1975 c. 24.

18. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place in alphabetical order:-

"Any member, in receipt of remuneration, of an urban development corporation (within the meaning of Part XVI of the Local Government, Planning and Land Act 1980)".

[page 262]

SCHEDULE 27

Section 141.

VESTING OF LAND IN URBAN DEVELOPMENT CORPORATIONS

PART I

MODIFICATION OF ENACTMENTS: ENGLAND AND WALES

1968 c. 72.

1. Paragraphs 6 to 14 and 16 of Schedule 3 to the Town and Country Planning Act 1968 shall have effect, in relation to orders under section 141 above, subject to the modifications specified in paragraphs 2 to 4 below.

2. Any reference to a general vesting declaration shall be treated as a reference to an order under that section.

3. The references in paragraphs 6 and 7 to the end of the period specified in a general vesting declaration shall be treated as references to the date on which such an order comes into force and the reference in paragraph 10 to the acquiring authority having made a general vesting declaration shall be treated as a reference to such an order having come into force.

4. In paragraph 6 -

1965 c. 56.

(a) the reference to every person on whom, under section 5 of the Compulsory Purchase Act 1965, the acquiring authority could have served a notice to treat, shall be treated as a reference to every person whose interest in the land to which such an order relates is vested by the order in the urban development corporation; and

(b) paragraph (a) shall be omitted.

5. Schedule 3A to that Act shall have effect, in relation to orders under section 141 above subject to the modifications specified in paragraphs 6 to 8 below.

6. Any reference to a general vesting declaration shall be treated as a reference to an order under that section.

7. The reference in paragraph 4(2) to the date on which the notice required by paragraph 4 of Schedule 3 is served on any person shall be treated as a reference to the date on which such an order comes into force.

8. In paragraph 12 -

(a) sub-paragraph (1)(a) shall be omitted; and

(b) the reference in sub-paragraph (1)(b) to the date on which a person first had knowledge of the execution of the general vesting declaration shall be treated as a reference to the date on which an order under section 141 above came into force.

1961 c. 33.

9. The Land Compensation Act 1961 shall have effect in relation to orders under section 141 above subject to the modifications specified in paragraphs 10 to 14 below.


[page 263]

10. References to the date of service of a notice to treat shall be treated as references to the date on which an order under that section comes into force.

11. Section 17(2) shall be treated as if for the words "the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority" there were substituted the words "an order under section 141 of the Local Government. Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation has come into force, or an agreement has been made for the sale of the interest to such a corporation".

12. In section 22 -

(a) subsection (2) shall be treated as if at the end of paragraph (c) there were added the words "or
(d) where an order has been made under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation."; and
(b) subsection (3) shall be treated as if in paragraph (a) the words: "or (d)" were inserted after the words "paragraph (b)".
13. Any reference to a notice to treat in section 39(2) shall be treated as a reference to an order under section 141 above.

14. In Schedule 2, paragraph 2(2)(a) shall be treated as if the words "or the coming into force of an order under section 141 of the Local Government, Planning and Land Act 1980 for the vesting of the land in an urban development corporation" were inserted after the word "land".

PART II

MODIFICATION OF ENACTMENTS: SCOTLAND

15. Paragraphs 6 to 13 and 16 to 39 of Schedule 24 to the Town and Country Planning (Scotland) Act 1972 shall have effect in relation to orders under section 141 above, subject to the modifications specified in paragraphs 16 to 20 below.

16. Any reference to a general vesting declaration shall be treated as a reference to an order under that section.

17. The references in paragraphs 6 and 7 to the end of the period specified in a general vesting declaration shall be treated as references to the date on which such an order comes into force and the reference in paragraph 9 to the acquiring authority having made a general vesting declaration shall be treated as a reference to such an order having come into force.

18. In paragraph 6 -

(a) the reference to every person on whom, under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, the acquiring authority could have served a notice to

[page 264]

treat, shall be treated as a reference to every person whose interest in the land to which such an order relates is vested by the order in the urban development corporation; and

(b) paragraph (a) shall be omitted.

19. The reference in paragraph 20(2) to the date on which the notice required by paragraph 4 is served on any person shall be treated as a reference to the date on which such an order comes into force.

20. In paragraph 29 -

(a) sub-paragraph (1)(a) shall be omitted; and

(b) the reference in sub-paragraph (1)(b) to the date on which a person first had knowledge of the execution of the general vesting declaration shall be treated as a reference to the date on which an order under section 141 above came into force.

21. The Land Compensation (Scotland) Act 1963 shall have effect in relation to orders under section 141 above subject to the modifications specified in paragraphs 22 to 26 below.

22. References to the date of service of a notice to treat shall be treated as references to the date on which an order under that section comes into force.

23. Section 25(2) shall be treated as if for the words "the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority" there were substituted the words "an order under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation has come into force, or an agreement has been made for the sale of the interest to such a corporation."

24. In section 30 -

(a) subsection (2) shall be treated as if at the end of paragraph (c) there were added the words
"or

(d) where an order has been made under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation."; and

(b) subsection (3) shall be treated as if in paragraph (a) the words "or (2)(d)" were inserted after the words "subsection (2)(b)".
25. Any reference to a notice to treat in section 45(2) shall be treated as a reference to an order under section 141 above.

26. In Schedule 2, paragraph 1(2)(a) shall be treated as if the words "or the coming into force of an order under section 141 of the Local Government, Planning and Land Act 1980 for the vesting of the land in an urban development corporation" were inserted after the word "land".


[page 265]

SCHEDULE 28

Section 144.

URBAN DEVELOPMENT CORPORATIONS: LAND

PART I

MODIFICATIONS OF 1946 AND 1947 ACTS

1. The 1946 Act and the 1947 Act shall apply in relation to the compulsory acquisition of land under section 142 or 143 above with the modifications made by the following provisions of this Part of this Schedule.

2.-(1) Where a compulsory purchase order authorising the acquisition of any land is submitted to the Secretary of State in accordance with Part I of Schedule 1 then, if the Secretary of State -

(a) is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised therein, but

(b) has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land,

he may confirm the order so far as it relates to the land mentioned in paragraph (a) above, and give directions postponing the consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified.

(2) Where the Secretary of State gives directions under sub-paragraph (1) above, the notices required by paragraph 6 of Schedule 1 to be published and served shall include a statement of the effect of the directions.

3.-(1) Notwithstanding anything in paragraph 10 of Schedule 1, a compulsory purchase order under section 142 or 143 above authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking may be confirmed without a certificate under that paragraph.

(2) Except where the appropriate Minister's certificate is given, a compulsory purchase order to which this paragraph applies shall be of no effect unless it is confirmed by the appropriate Minister jointly with the Minister or Ministers who would apart from this sub-paragraph have power to confirm it.

In this sub-paragraph "the appropriate Minister's certificate" means such a certificate as is mentioned in paragraph 10 of Schedule 1.

(3) Sections 238 to 240 of the Act of 1971 (measure of compensation for statutory undertakers) and sections 227 to 229 of the 1972 Act (which make similar provision for Scotland) shall apply in respect of a compulsory acquisition which is effected by a compulsory purchase order which by virtue of this paragraph is confirmed without a certificate.


[page 266]

PART II

ACQUISITION OF LAND BY AGREEMENT

1965 c. 56. 1978 c. 30

4.-(1) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under section 142 above; and in the said Part I as so applied "land" shall have the meaning given by the Interpretation Act 1978.

1845 c. 19. 1845 c. 33. 1923 c. 20.

(2) For the purpose of the acquisition by agreement of land in Scotland under section 142 of this Act, the Lands Clauses Acts (except the provisions relating to the purchase of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845) and sections 6 and 70 of the Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act, as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1932 shall be incorporated with section 142 of this Act, and in construing those Acts for the purpose of that section, that section shall be deemed to be the special Act, and the urban development corporation to be promoters of the undertaking or company, as the case may require; and in those Acts as so incorporated "land" shall have the meaning given by the Interpretation Act 1978.

PART III

LAND: SUPPLEMENTARY

Extinguishment of rights over land

5.-(1) Subject to this paragraph, on an order under section 141 above coming into force or the completion by an urban development corporation or local highway authority of a compulsory acquisition of land under this Part of this Act, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and any such apparatus shall vest in the corporation or (as the case may be) authority.

(2) Sub-paragraph (1) above does not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of carrying on their undertaking.

(3) In respect of any right or apparatus not falling within sub-paragraph (2) above, sub-paragraph (1) above shall have effect subject -

(a) to any direction given by the Secretary of State before the coming into force of the order (or, as the case may be, by the corporation before the completion of the acquisition) that sub-paragraph (1) above shall not apply to any right or apparatus specified in the direction, and

(b) to any agreement which may be made (whether before or after the coming into force of the order or completion of the acquisition) between the Secretary of State (or corporation) and the person in or to whom the right or apparatus in question is vested or belongs.


[page 267]

(4) Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the corporation.

(5) Any compensation payable under this paragraph shall be determined in accordance with the Land Compensation Act 1961 or the Land Compensation (Scotland) Act 1963.

Power to override easements

6.-(1) The erection, construction or carrying out, or maintenance, of any building or work on land which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act, whether done by the corporation or authority or by any other person, is authorised by virtue of this paragraph if it is done in accordance with planning permission, notwithstanding that it involves interference with an interest or right to which this paragraph applies, or involves a breach of a restriction as to the user of land arising by virtue of a contract

(2) Nothing in sub-paragraph (1) above shall authorise interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.

(3) This paragraph applies to the following interests and rights, that is to say, any easement, servitude, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

1965 c. 56. 1845 c. 19. 1845 c. 33.

(4) In respect of any interference or breach in pursuance of sub-paragraph (1) above, compensation shall be payable under section 7 or 10 of the Compulsory Purchase Act 1965 (or section 61 of the Lands Clauses Consolidation (Scotland) Act 1845 and section 6 of the Railways Clauses Consolidation (Scotland) Act 1845), to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase by an urban development corporation or local highway authority or the injury arises from the execution of works on land acquired by such a corporation or authority.

(5) Where a person other than the urban development corporation or local highway authority by or in whom the land in question was acquired or vested is liable to pay compensation by virtue of sub-paragraph (4) above, and fails to discharge that liability, the liability shall (subject to sub-paragraph (6) below) be enforceable against the corporation or authority.

(6) Nothing in sub-paragraph (5) above shall be construed as affecting any agreement between that corporation or authority and any other person for indemnifying the corporation or authority against any liability under that sub-paragraph.

(7) Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable


[page 268]

at the suit (or in Scotland at the instance) of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1) above.

(8) Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.

Consecrated land and burial grounds

7.-(1) Any consecrated land, whether including a building or not, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part

, of this Act may (subject to the following provisions of this paragraph) be used by the corporation or authority, or by any other person, in any manner in accordance with planning permission, notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.

(2) Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground.

(3) Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land, not being consecrated land, vested or acquired as mentioned in that sub-paragraph which at the time of acquisition included a church or other building used or formerly used for religious worship or the site thereof, shall be subject to compliance with the prescribed requirements with respect to the removal and reinterment of any human remains, and the disposal of monuments and fixtures and furnishings; and, in the case of consecrated land, shall be subject to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land.

(4) Any regulations made for the purposes of sub-paragraph (3) above -

(a) shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;

(b) shall contain requirements relating to the disposal of any such land as is mentioned in sub-paragraph (3) above such as appear to the Secretary of State requisite for securing that the provisions of that sub-paragraph shall be complied with in relation to the use of the land; and

(c) may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear


[page 269]

to the Secretary of State to be expedient for the purposes of the regulations.
(5) Any land consisting of a burial ground or part' of a burial ground, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may be used by the corporation or authority in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.

(6) Sub-paragraph (5) above shall not have effect in respect of any land which has been used for the burial of the dead until tho prescribed requirements with respect to the removal and reinterment of human remains, and the disposal of monuments, in or upon tho land have been complied with.

(7) Provision shall be made by any regulations made for the purposes of sub-paragraph (3) above and sub-paragraph (6) above -

(a) for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments;

(b) for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and reinterment of the remains of the deceased, and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, reinterment and disposal, not exceeding such amount as may be prescribed;

(c) for requiring compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal, and the place and manner of reinterment of any human remains, and the disposal of any monuments, and with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains.

1857 c. 81.

(8) Subject to the provisions of any such regulations, no faculty shall be required for the removal and reinterment in accordance with the regulations of any human remains, or for the removal or disposal of any monuments, and the provisions of section 25 of the Burial Act 1857 (which prohibits the removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the regulations.

(9) Any power conferred by this paragraph to use land in a manner therein mentioned shall be construed as a power so to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building Of work, or not.

(10) Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable


[page 270]

at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in sub-paragraph (1) or sub-paragraph (5) above.

(11) Sub-paragraph (8) of paragraph 6 above shall apply in relation to this paragraph as it applies in relation to that.

(12) In this paragraph "burial ground" includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and "monument" includes a tombstone or other memorial.

(13) In this paragraph "prescribed" means prescribed by regulations made by the Secretary of State.

(14) The power to make regulations under this paragraph shall be exercisable by statutory instrument; and any statutory instrument containing regulations made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(15) This paragraph shall not apply to Scotland.

Churches and burial grounds in Scotland

8. Section 118 of the 1972 Act shall have effect in relation to land in Scotland which is required by an urban development corporation or a local highway authority for the purposes of this Part of this Act as it has in relation to land acquired by a planning authority as mentioned in subsection (1) of that section.

Open spaces

9.-(1) Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may be used by the corporation or authority, or by any other person, in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.

(2) Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit (or in Scotland at the instance) of any person on any grounds other than contravention of any such enactment as is mentioned in sub-paragraph (1) above.

(3) Sub-section (8) of paragraph 6 above shall apply in relation to this paragraph as it applies in relation to that.

(4) In the application of this paragraph to Scotland, the words "or fuel or field garden allotment" shall be omitted.

Displacement of persons

10. If the Secretary of State certifies that possession of a house which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this part of this Act and is for the time being held by that corporation or authority for the purposes for which it was acquired, is immedi-


[page 271]

1976 c. 80. 1977 c. 42.

ately required for those purposes, nothing in the Rent (Agriculture) Act 1976 or the Rent Act 1977 or the Rent (Scotland) Acts 1971 to: 1975 shall prevent that corporation or authority from obtaining· possession of the house.

Extinguishment of public rights of way

11.-(1) Where any land has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act and is for the time being held by that corporation or authority for those purposes, the Secretary of State may by order extinguish any public right of way over the land.

(2) Where the Secretary of State proposes to make an order under this paragraph, he shall publish in such manner as appears to him to be requisite a notice -

(a) stating the effect of the order, and

(b) specifying the time (not being less than 28 days from the publication of the notice) within which, and tho manner in which, objections to the proposal may be made,

and shall serve a like notice -

.

(i) on the district planning authority (or in Scotland the planning authority exercising district planning functions WIthin the meaning of section 172 of the Local Government (Scotland) Act 1973) in whose area the land is situated, and

(ii) on the relevant highway authority.

In this sub-paragraph "the relevant highway authority" means any authority which is a highway authority in relation to the right of way proposed to be extinguished by the order, other than an authority which has applied for the order to be made.

(3) Where an objection to a proposal to make an order under this paragraph is duly made and is not withdrawn, the provisions of paragraph 12 below shall have effect in relation to the proposal.

(4) For the purposes of this paragraph an objection to such a proposal shall not be treated as duly made unless -

(a) it is made within the time and in the manner specified in the notice required by this paragraph, and

(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

1935 c. 47. 1936 c. 5. (1 Edw. 8 & 1 Geo 6).

(5) Where it is proposed to make an order under this paragraph extinguishing a public right of way over a road on land acquired for the purposes of this Act by an urban development corporation, and compensation in respect of restrictions imposed under section 1 or section 2 of the Restriction of Ribbon Development Act 1935 in respect of that road has been paid by the highway authority (or, in the case of a trunk road, by the authority which, when the compensation was paid, was the authority for the purposes of section 4 of the Trunk Roads Act 1936), the order may provide for the payment by the urban development corporation to that authority, in respect of the compensation so paid, of such sums as the Secretary of State, with the consent of the Treasury, may determine.


[page 272]

(6) Where the Secretary of State is satisfied that the construction or improvement of a road is or will be needed in consequence of the extinguishment under this paragraph of a public right of way, section 143 above shall apply as it applies where the Secretary of State is satisfied that the construction or improvement of a road is needed as mentioned in subsection (1) of that section.

(7) Where the Secretary of State makes an order under this paragraph on the application of an urban development corporation or local highway authority, he shall send a copy of it to the Post Office.

12.-(1) In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification, if any, ought to be made.

(2) Unless the Secretary of State decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the Secretary of State shall, before making a final decision, consider the grounds of the objection as set out in the statement comprised in or submitted with the objection, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

(3) In so far as the Secretary of State, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the Secretary of State may treat the objection as irrelevant for the purpose of making a final decision.

(4) If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the Secretary of State is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the Secretary of State may make a final decision without further investigation as to those matters.

(5) Subject to sub-paragraphs (3) and (4) above, the Secretary of State, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State; and if the objector avails himself of that opportunity, the Secretary of State shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, urban development corporation or other person, if any, on whose representation the order is proposed to be made, and to any other persons to whom it appears to the Secretary of State to be expedient to afford such an opportunity.

(6) Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the Secretary of State that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provi-


[page 273]

sions to which effect has not been given at the time of that determination shall be dispensed with.

Telegraphic lines

13.-(1) Where an order under paragraph II above extinguishing a public right of way is made on the application of an urban development corporation or local highway authority, and at the time of the publication of the notice required by sub-paragraph (2) of that paragraph there was under, in, on, over, along or across the land over which the right of way subsisted a telegraphic line belonging to or used by the Post Office -

(a) the power of the Post Office to remove the line shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of 3 months from the date on which the right of way is extinguished, and shall be exercisable in respect of the whole or any part of the line after the end of that period if before the end of that period the Post Office has given notice to the corporation or authority of its intention to remove the line or that part of it, as the case may be;

(b) the Post Office may by notice given in that behalf to the corporation or authority not later than the end of the said period of 3 months abandon the telegraphic line or any part of it;

(c) subject to paragraph (b), the Post Office shall be deemed at the end of that period to have abandoned any part of the line which it has then neither removed nor given notice of its intention to remove;

(d) the Post Office shall be entitled to recover from the corporation or authority the expense of providing, in substitution for the line and any telegraphic line connected with it which is rendered useless in consequence of the removal or abandonment of the line, a telegraphic line in such other place as the Post Office may require;

(e) where under the preceding provisions of this sub-paragraph the Post Office has abandoned the whole or any part of a telegraphic line, it shall vest in the corporation or authority, and the provisions of the Telegraph Acts 1863 to 1962 shall not apply in relation to the line or that part of it with respect to anything done or omitted after the abandonment.

(2) As soon as practicable after the making of an order under paragraph 11 above extinguishing a public right of way in circumstances in which sub-paragraph (1) above applies, the Secretary of State shall give notice to the Post Office of the making of the order.

1878 c. 76.

(3) In this paragraph "telegraphic line" has the same meaning as in the Telegraph Act 1878.

Statutory undertakers

14.-(1) Where any land has been acquired by an urban development corporation under section 142 above and -

(a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on

[page 274]

of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over that land; or

(b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking,

the corporation, if satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development, may serve 00 the statutory undertakers a notice stating that, at the end of the period of 28 days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of that period, the apparatus shall be removed.

(2) The statutory undertakers on whom a notice is served under sub-paragraph (1) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the corporation stating that they object to all or any provisions of the notice and specifying the grounds of their objection.

(3) If no counter-notice is served under sub-paragraph (2) above -

(a) any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice; and

(b) if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the corporation may remove the apparatus and dispose of it in any way it may think fit.

(4) If a counter-notice is served under sub-paragraph (2) above on a corporation, the corporation may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph embodying the provisions of the notice with or without modification.

(5) Where by virtue of this paragraph any right vested in 01' belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the corporation.

(6) Sections 238 and 240 of the 1971 Act or as the case may be sections 227 and 229 of the 1972 Act (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (5) above as they apply to compensation under section 237(2) of the 1971 Act, or as the case may be section 226(2) of the 1972 Act.

(7) This paragraph shall not have effect, so far as regards a right of the Post Office with respect to a telegraphic line and so far as regards a telegraphic line of the Post Office, in a case in which paragraph 13 above has effect.

1878 c. 76.

(8) In this paragraph "telegraphic line" has the same meaning as in the Telegraph Act 1878.


[page 275]

15.-(1) Before making an order under paragraph 14(4) above the Ministers proposing to make the order -

(a) shall afford to the statutory undertakers on whom notice was served under paragraph 14(1) above an opportunity of objecting to the application for the order; and

(b) if any objection is made, shall consider the objection and afford to those statutory undertakers and to the corporation on whom the counter-notice was served, an opportunity of apparatus, any requirement of the order as to the removal by the Secretary of State and the appropriate Minister for the purpose,

and may then, if they think fit, make the order in accordance with the application either with or without modification.

(2) Where an order is made under paragraph 14(4) above -

(a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order: and

(b) it, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the corporation may remove the apparatus and dispose of it in any way it may think fit.

16.-(1) Subject to this paragraph, where any land has been acquired by an urban development corporation under section 142 above and -
(a) there is on, under or over the land apparatus vested in or belonging to statutory undertakers; and

(b) the undertakers claim that development to be earned out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,

the undertakers may serve on the corporation a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

(2) Where, after the land has been acquired as mentioned in sub-paragraph (1) above, development of the land is begun to be carried out no notice under this paragraph shall be served later than 21 days after the beginning of the development.

(3) Where a notice is served under this paragraph, the corporation on which it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice stating that it objects to all or any of the provisions of the notice and specifying the grounds of its objection.

(4) If no counter-notice is served under sub-paragraph (3) above, the statutory undertakers shall, after the end of the said period of 28 days, have the rights claimed in their notice.


[page 276]

(5) If a counter-notice is served under sub-paragraph (3) above, the statutory undertakers who served the notice under this paragraph may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.

(6) Where by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the corporation for the works to be carried out by the corporation, under the superintendence of the undertakers, instead of by the undertakers themselves.

(7) Where works are carried out for the removal or re-siting of statutory undertakers' apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the corporation.

(8) Sections 238 and 240 of the 1971 Act, or as the case may be sections 227 and 229 of the 1972 Act (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (7) above as they apply to compensation under section 237(3) of the 1971 Act, or, as the case may be, section 226(3) of the 1972 Act.

17.-(1) The powers conferred by this paragraph shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order -

(a) to secure the provision for an urban development area of services which would not otherwise be provided, or which would not otherwise be satisfactorily provided, or

(b) to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in sub-paragraph (2) below.

(2) The said acts and events are -
(a) the acquisition under this Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question;

(b) the extinguishment of a right or the imposition of any requirements by virtue of paragraph 14 above.

(3) The powers conferred by this paragraph shall also be exercisable where, on a representation made by an urban development corporation, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified, in order to secure tho provision of new services, or the extension of existing services, for the purposes of an urban development area under this Part of this Act.


[page 277]

(4) Where the powers conferred by this paragraph are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order to secure the provision of the services in question, as mentioned in sub-paragraph (1)(a) or (3) above, or to secure the adjustment in question, as mentioned in sub-paragraph (1)(b) above, as the case may be.

(5) Without prejudice to the generality of sub-paragraph (4) above, an order under this paragraph may make provision -

(a) for empowering the statutory undertakers to acquire (whether compulsorily or by agreement) any land specified in the order, and to erect or construct any buildings or works so specified;

(b) for applying, in relation to the acquisition of any such land or the construction of any such works, enactments relating to the acquisition of land and the construction of works;

(c) where it has been represented that the making of the order is expedient for the purposes mentioned in sub-paragraph (IXa) or (3) above, for giving effect to such financial arrangements between the urban development corporation and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;

(d) for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.

18.-(1) As soon as may be after making such a representation as is mentioned in sub-paragraph (1) or (3) of paragraph 17 above -
(a) the statutory undertakers, in a case falling within sub-paragraph (1); or

(b) the urban development corporation, in a case falling within sub-paragraph (3),

shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Secretary of State and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.

(2) Orders under paragraph 17 above shall be subject to special parliamentary procedure.

19.-(1) Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligations incurred by those undertakers in connection with the


[page 278]

carrying on of their undertaking has been rendered impracticable by an act or event to which this sub-paragraph applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.

(2) Sub-paragraph (1) above applies to the following acts and events:-

(a) the compulsory acquisition under this Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers;

(b) the extinguishment of a right or the imposition of any requirement by virtue of paragraph 14 above.

(3) As soon as may be after making a representation to the appropriate Minister under sub-paragraph (1) above, the appropriate statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices.

(4) If any objection to the making of an order under this paragraph is du1y made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.

(5) Immediately after an order is made under this paragraph by the appropriate Minister, he shall publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and shall serve a like notice -

(a) on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this sub-paragraph, specifying an address for service; and

(b) on such other persons (if any) as the appropriate Minister thinks fit.

(6) Subject to the following provisions of this paragraph, an order under this paragraph shall become operative on the date on which the notice required by sub-paragraph (5) above is first published.

(7) Where in accordance with sub-paragraph (4) above the order is subject to special parliamentary procedure, sub-paragraph (6) above shall not apply.

(8) If any person aggrieved by an order under this paragraph wishes to question the validity of the order on the ground that it is not within the powers conferred by this paragraph, or that any requirement of this paragraph has not been complied with in relation to the order, he may, within six weeks from the date on which the notice required by sub-paragraph (5) above is first published, make


[page 279]

an application to the High Court (or in Scotland the Court of Session) under this paragraph.

(9) On any application under sub-paragraph (8) above the High Court (or the Court of Session) -

(a) may by interim order wholly or in part suspend the operation of the order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;

(b) if satisfied that the order is wholly or to any extent outside the powers conferred by this paragraph, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of this paragraph, may wholly or in part quash the order, either generally or in so far as it effects any property of the applicant.

(10) Subject to sub-paragraph (8) above, the validity of an order under this paragraph shall not be questioned in any legal proceedings whatsoever, either before or after the order has been made.

20.-(1) For the purposes of paragraphs 17 and 19 above, an objection to the making of an order thereunder shall not be treated as duly made unless -

(a) the objection is made within the time and in the manner specified in the notice required by paragraph 18 or (as the case may be) 19 above; and

(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

(2) Where an objection to the making of such an order is duly made in accordance with sub-paragraph (1) above and is not withdrawn, the following provisions of this paragraph shall have effect in relation thereto; but, in the application of those provisions to an order under paragraph 17 above, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.

(3) Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision, shall consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

(4) In so far as the appropriate Minister, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.

(5) If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the


[page 280]

appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters.

(6) Subject to sub-paragraphs (4) and (5) above, the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, local authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.

(7) Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.

(8) In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.

PART IV

ACQUISITION OF RIGHTS

General

1965 c. 56.

21.-(1) The 1946 Act and the Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make them apply to the compulsory purchase of rights by virtue of section 142(4) above as they apply to the compulsory purchase of land so that, in appropriate contexts, references in those Acts to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context.

(2) Without prejudice to the generality of sub-paragraph (1) above, in relation to the purchase of rights in pursuance of section 142(4) above -

(a) Part III of Schedule 1 to the 1946 Act (which provides for special parliamentary procedure in the case of the purchase of land of certain descriptions) shall have effect with the adaptations specified in paragraph 22 below;

[page 281]

(b) Part I of the said Act of 1965 (which relates to compulsory purchases under the 1946 Act) shall have effect with the modifications specified in paragraph 23 below; and

(c) the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.

Adaptation of Part III of Schedule 1 to 1946 Act

22.-(1) In paragraph 9 of Schedule 1 to the 1946 Act (which as amended by section 120(2) above relates to land belonging to the National Trust), for references to the purchase of land there shall be substituted references to the purchase of rights over land.

(2) In paragraph 10 of that Schedule (which relates to land belonging to statutory undertakers) -

(a) for the words "comprised in" there shall be substituted the words "over which a right is to be acquired by virtue of";

(b) after the words "purchase of" there shall be inserted the words "a right over";

(c) for the words "it can be purchased and not replaced" there shall be substituted the words "the right can be purchased"; and

(d) for sub-paragraph (ii) there shall be substituted the following -

(ii) that any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them.
(3) In paragraph 11 of that Schedule (which relates to land forming part of a common, open space or allotment) for sub-paragraph (1) there shall be substituted the following -
(1) In so far as a compulsory purchase order authorises the purchase of a right over land forming part of a common, open space or fuel or field garden allotment, it shall be subject to special parliamentary procedure unless the Secretary of State is satisfied -
(a) that the land, when burdened with that right, will be no less advantageous to those persons in whom it is vested and to the persons, if any, entitled to rights of common or other rights, and to the public, than it was before; or

(b) that there has been or will, be given in exchange for the right additional land which will, as respects the persons in whom there is vested the land over which the right is to be purchased, the persons, if any, entitled to rights of common or other rights over that land and the public, be adequate to compensate them for the disadvantages which result from the purchase of the right, and that the additional land has been or will be


[page 282]

vested in the persons in whom there is vested the land over which the right is to be purchased and subject to the like rights, trusts and incidents as attach to that land apart from the compulsory purchase order; or

(c) that the land affected by the right to be purchased does not exceed 250 square yards in extent and that the giving of other land in exchange for the right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public,

and certifies accordingly.
(4) In sub-paragraph (3) of the said paragraph 11, after the words "the land" there shall be inserted the words "over which any right is to be" and at the end of the sub-paragraph there shall be inserted the words "so far as their continuance would be inconsistent with the exercise of that right".

(5) In paragraph 12 of that Schedule (which among other things relates to ancient monuments), after the words "purchase of" there shall be inserted the words "rights over".

Adaptation of Part I of 1965 Act

1965 c. 56.

23.-(1) In the Compulsory Purchase Act 1965 (hereafter in this Part of this Schedule referred to as "the Act") for section 7 (which relates to compensation) there shall be substituted the following -

7.-(1) In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent, if any, to which the value of the land over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.

(2) The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words "land is acquired or taken" there shall be substituted the words "a right over land is purchased" and for the words "acquired or taken from him" there shall be substituted the words "over which the right is exercisable".

(2) For section 8 of the Act (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following -
8.-(1) Where in consequence of the service on a person in pursuance of section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (hereafter in this subsection referred to as "the relevant land") -
(a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall

[page 283]

to be determined by the Lands Tribunal (hereafter in this section referred to as " the Tribunal"); and

(b) before the Tribunal has determined that question the person satisfies the Tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and -

(i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land, or

(ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,

the compulsory purchase order to which the notice to treat relates shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person's interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the Tribunal directs.

(2) Any question as to the extent of the land in which a compulsory purchase order is deemed to authorise the purchase of an interest by virtue of the preceding subsection shall be determined by the Tribunal.

(3) Where in consequence of a determination of the Tribunal that it is satisfied as mentioned in subsection (1) of this section a compulsory purchase order, is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

(4) The modifications subject to which subsection (1) of section 58 of the Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to the duty of the Tribunal in determining whether it is satisfied as mentioned in subsection (1) of this section, are that at the beginning of paragraphs (a) and (b) there shall be inserted the words "a right over", for the word "severance" there shall be substituted the words "right on the whole of the house, building or manufactory or of the house and the park or garden" and for the words "part proposed" and "part is" there shall be substituted respectively the words "right proposed" and "right is".

(3) The following provisions of the Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), namely -
section 9(4) (failure of owners to convey);

[page 284]

paragraph 10(3) of Schedule 1 (owners under incapacity);
paragraph 2(3) of Schedule 2 (absent and untraced owners); and
paragraphs 2(3) and 7(2) of Schedule 4 (common land),
shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.

(4) Section 11 of the Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff's warrant in the event of obstruction) of the Act shall be modified correspondingly.

(5) Section 20 of the Act (compensation for short-term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.

(6) Section 22 of the Act (protection of acquiring authority's possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation.

SCHEDULE 29

Section 149.

PLANNING FUNCTIONS OF URBAN DEVELOPMENT CORPORATIONS - ENGLAND AND WALES

PART I

ENACTMENTS REFERRED TO IN SECTION 149(3)(a)

Section 55 (control of works of demolition, alteration or extension of listed buildings).
Section 58 (building preservation notice in respect of building not listed).
Section 59 (planning permission to include appropriate provision for preservation and planting of trees).
Section 60 (tree preservation orders).
Section 61 (provisional tree preservation orders).


[page 285]

Section 61A (trees in conservation areas).
Section 62 (replacement of trees).
Section 63 (control of advertisements).
Section 65 (proper maintenance of waste land).
Section 87 (power to serve enforcement notice).
Section 90 (stop notices).
Section 91 (execution and cost of works required by enforcement notice).
Section 96 (power to serve listed building enforcement notice).
Section 99 (execution and cost of works required by listed building enforcement notice).
Section 101 (urgent works for preservation of certain unoccupied buildings).
Section 103 (enforcement of duties as to replacement of trees).
Section 107 (execution and cost of works required by notice as to waste land).
Section 109 (enforcement of control as to advertisements).
Section 114 (compulsory acquisition of listed building in need of repair).
Section 115 (repairs notice as preliminary to compulsory acquisition under s. 114).
Section 117 (minimum compensation in case of listed building deliberately left derelict).
Section 126 (management etc. of listed buildings acquired by local authority or Secretary of State).
Section 271 (application to local planning authorities of provisions as to listed buildings).
Section 277 (designation of conservation area).
Section 277A (control of demolition in conservation area).
Section 277B (formulation and publication of proposals for preservation and enhancement of conservation area).
Schedule 11 (control of works for demolition, alteration or extension of listed buildings).

PART II

ENACTMENTS REFERRED TO IN SECTION 149(3)(b)

An order made by virtue of section 149(3)(b) may make the following modifications in relation to the urban development corporation specified in the order and to land in that corporation's area:-

1. Section 181 (action by council on whom purchase notice is served) shall have effect as if -

(a) after "undertakers" there were inserted -
(i) in paragraph (b) of subsection (1), "or an urban development corporation";

[page 286]

(ii) in paragraph (c) of that subsection, "or any urban development corporation"; and

(iii) in subsection (2), "or urban development corporation"; and

(b) at the end of subsection (4), there were added "or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980, and "urban development corporation" means a corporation established by an order under section 135 of that Act".
2. Section 182 (procedure on reference to purchase notice to Secretary of State) shall have effect as if -
(a) in subsection (2)(d) -
(i) after "undertakers", in the first place where it occurs, there were inserted "or an urban development corporation"; and

(ii) after that word, in the second place where it occurs, there were inserted "or that corporation"; and

(b) there were added after subsection (4):-
"(5) In subsection (3) and (4) of this section any reference to persons, authorities or statutory undertakers includes a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.".
3. Section 183 (action by Secretary of State in relation to purchase notice) shall have effect as if after "undertakers", in subsection (4), there were inserted "or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.".

4. Section 186 (effect of Secretary of State's action in relation to purchase notice) shall have effect as if -

(a) in subsection (1) -
(i) after "undertakers", in the first place where it occurs, there were inserted "or an urban development corporation"; and

(ii) after that word, in the second place where it occurs, there were inserted "or that corporation"; and

(b) the following subsection were inserted after that subsection:-
"(1A) In subsection (1) of this section 'urban development corporation' means an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.".
5. Section 212 (order extinguishing right to use vehicles on high way) shall have effect as if -
(a) in subsection (1), for "The provisions" there were substituted "Subject to subsection (1A) of this section, the provision"; and

[page 287]

(b) the following subsection were inserted after that subsection:-
"(1A) Any reference in this section to a local planning authority is to be construed as a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.".
6. Section 213 (provision of amenity for highway reserved to pedestrians) shall have effect as if after "boroughs" in subsection (5)(b) there were inserted "and
(c) in an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the urban development corporation established for that area by an order under section 135 of that Act; ".
7. Section 214 (extinguishment of public rights of way over land held for planning purposes) shall have effect as if -
(a) in subsection (1), for "Where" there were substituted "Subject to subsection (1A) of this section, where"; and

(b) the following subsection were inserted after that subsection:-

"(1A) Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area -
(a) the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required;

(b) subject to section 217 of this Act, the urban development corporation may by order extinguish any such right over the land being a footpath or bridleway, if they are satisfied as aforesaid."; and

(c) at the end of subsection (2) there were added "and any reference to an urban development corporation is a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.".
8. Section 284 (power to require information as to interests in land) shall have effect as if in subsection (1) -
(a) after the words "local authority", in the first place where they occur, there were inserted "or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980"; and

(b) after those words, in the second and third places where they occur, there were inserted "or corporation".


[page 288]

9. Schedule 19 (proceedings on listed building purchase notice) shall have effect as if -

(a) in paragraph 1
(i) in sub-paragraph (1)(b), after "undertakers" there were inserted "or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980";

(ii) in sub-paragraph (1)(c), after "undertakers" there were inserted "or an urban development corporation";

(iii) in sub-paragraph (2), after "undertakers", there were inserted "or corporation";

(b) in paragraph 2(7), after "undertakers" there were inserted "or an urban development corporation"; and

(c) in paragraph 3(1) -

(i) after "undertakers", in the first place where it occurs, there were inserted "or an urban development corporation";

(ii) after that word, in the second place where it occurs, there were inserted "or that corporation".



SCHEDULE 30

Section 149.

PLANNING FUNCTIONS OF URBAN DEVELOPMENT CORPORATIONS - SCOTLAND

PART I

ENACTMENTS REFERRED TO IN SECTION 149(8)(a)

Section 53 (control of works for demolition, alteration or extension of listed buildings).
Section 56 (building preservation notice in respect of building not listed).
Section 57 (planning permission to include appropriate provision for preservation and planting of trees).
Section 58 (tree preservation orders).
Section 59 (provisional tree preservation orders).
Section 59A (trees in conservation areas).
Section 60 (replacement of trees).
Section 61 (control of advertisements).
Section 63 (proper maintenance of waste land).
Section 84 (power to serve enforcement notice). Section 87 (stop notices).
Section 88 (execution and cost of works required by enforcement notice).
Section 92 (power to serve listed building enforcement notice).
Section 95 (execution and cost of works required by listed building enforcement notice).
Section 97 (urgent works for preservation of certain unoccupied buildings).


[page 289]

Section 99 (enforcement of duties as to replacement of trees).
Section 101 (enforcement of control as to advertisements).
Section 104 (compulsory acquisition of listed buildings in need of repair).
Section 105 (repairs notice as preliminary to compulsory acquisition under s. 104).
Section 107 (minimum compensation in case of listed building deliberately left derelict).
Section 116 (management etc. of listed buildings acquired by local authority or Secretary of State).
Section 257 (application to local planning authorities of provisions as to listed buildings).
Section 262 (designation of conservation area).
Section 262A (control of demolition in conservation area).
Section 262B (formulation and publication of proposals for preservation and enhancement of conservation area).
Schedule 10 (control of works for demolition, alteration or extension of listed buildings).

PART II

ENACTMENTS REFERRED TO IN SECTION 149(8)(b)

An order made by virtue of section 149(7)(b) may make the following modifications in relation to the urban development corporation specified in the order and to land in that corporation's area:-

1. Section 170 (action by planning authority on whom purchase notice is served) shall have effect as if -

(a) after "undertakers", there were inserted
(i) in paragraph (b) of subsection (i), "or an urban development corporation";

(ii) in paragraph (c) of that subsection, "or any urban development corporation"; and

(iii) in subsection (2) "or urban development corporation"; and

(b) at the end of subsection (5), there were added" or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980, and "urban development corporation" means a corporation established by an order under section 135 of that Act".
2. Section 171 (procedure on reference of purchase notice to Secretary of State) shall have effect as if -
(a) in subsection (2)(c) -
(i) after "undertakers", in the first place where it occurs, there were inserted "or an urban development corporation"; and

(ii) after that word, in the second place where is occurs, there were inserted "or that corporation"; and


[page 290]

(b) there were added after subsection (4):-
"(5) In subsections (3) and (4) of this section any reference to persons, authorities or statutory undertakers includes a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.".
3. Section 172 (action by Secretary of State in relation to purchase notice) shall have effect as if -
(a) after "undertakers", in the first place where it occurs in subsection (4), there were inserted "or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980"; and

(b) after that word in the second place where it occurs in that subsection there were inserted "or that corporation".

4. Section 175 (effect of Secretary of State's action in relation to purchase notice) shall have effect as if -
(a) in subsection (1) -
(i) after "undertakers", in the first place where it occurs, there were inserted "or an urban development corporation"; and

(ii) after that word in the second place where it occurs, there were inserted "or that corporation"; and

(b) the following subsection were inserted after that subsection:-
"(1A) In subsection (1) of this section 'urban development corporation' means an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 ".
5. Section 201 (order extinguishing right to use vehicles on highway) shall have effect as if in subsection (9) -
(a) after "councils" there were inserted "and in an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the urban development corporation established for that area by an order under section 135 of that Act,"; and

(b) after "that authority" there were inserted "or do not themselves exercise these functions".

6. Section 202 (provision of amenity for highway reserved to pedestrians) shall have effect as if in subsection (5) -
(a) after "councils" there were inserted "and in an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the urban development corporation established for that area by an order under section 135 of that Act,"; and

(b) after "that authority" there were inserted "or do not themselves exercise those functions".


[page 291]

7. Section 203 (extinguishment of public rights of way over land held for planning purposes) shall have effect as if -

(a) in subsection (1), for "Where" there were substituted "Subject to subsection (1A) of this section, where"; and

(b) the following subsection were inserted after that subsection:-

"(1A) Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area -
(a) the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provisions of an alternative right of way is not required;

(b) subject to section 206 of this Act, the urban development corporation may by order extinguish any such right over the land, being a footpath or bridleway, if they are satisfied as aforesaid."; and

(c) at the end of subsection (2) there were added" and any reference to an urban development corporation is a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.".
8. Section 270 (power to require information as to interests in land) shall have effect as if in subsection (1) after the words "local authority", there were inserted "or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980".

9. Schedule 17 (proceedings on listed building purchase notice) shall have effect as if -

(a) in paragraph 1 -
(i) in sub-paragraph (1)(b), after "undertakers" there were inserted "or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980";

(ii) in sub-paragraph (1)(c), after "undertakers" there were inserted "or an urban development corporation";

(iii) in sub-paragraph (2), after "undertakers", there were inserted "or corporation";

(b) in paragraph 2(7), after "undertakers" there were inserted "or an urban development corporation"; and

(c) in paragraph 3(1) -

(i) after "undertakers", in the first place where it occurs, there were inserted "or an urban development corporation"; and

(ii) after that word, in the second place where it occurs, there were inserted "or that corporation".


[page 292]

SCHEDULE 31

Section 164.

URBAN DEVELOPMENT CORPORATIONS:

FINANCE ETC.

PART I

PRELIMINARY

1.-(1) References in this Schedule to a corporation are to an urban development corporation.

(2) The financial year of a corporation shall begin with 1 April and references to a financial year in relation to a corporation shall be construed accordingly.

PART II

FINANCE

Financial duties

2.-(1) After consultation with a corporation, the Secretary of State may, with the Treasury's approval, determine the financial duties of the corporation, and different determinations may be made in relation to different corporations or for different functions and activities of the same corporation.

(2) The Secretary of State shall give the corporation notice of every determination, and a determination may -

(a) relate to a period beginning before the date on which it is made;

(b) contain incidental or supplementary provisions;

(c) be varied by a subsequent determination.

Government grants

3.-(1) The Secretary of State may (out of money provided by Parliament and with the Treasury's consent) pay to a corporation, in respect of the exercise of its functions and in respect of its administrative expenses, such sums as he may (with the Treasury's approval) determine.

(2) The payment may be made on such terms as the Secretary of State (with the Treasury's approval) provides.

Borrowing

4.-(1) A corporation 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, either, in sterling or in a currency other than sterling from a person other than the Secretary of State.


[page 293]

(2) A corporation may borrow otherwise than by way of temporary loan such sums as the corporation may require -

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

(b) with the consent of the Secretary of State, in a currency other than sterling from a person other than the Secretary of State.

(3) The Secretary of State may lend to a corporation any sums it has power to borrow from him under sub-paragraph (1) or (2) above.

(4) The Treasury may issue to the Secretary of State out of t!he National Loans Fund any sums necessary to enable him to make loans under sub-paragraph (3) above.

(5) Loans made under sub-paragraph (3) above shall be repaid to the Secretary of State at such times and by such methods, and interest on the loans shall be paid to him at such times and at such rates, as he may determine.

(6) All sums received by the Secretary of State under sub-paragraph (5) above shall be paid into the National Loans Fund.

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

Guarantees

5.-(1) The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of and the payment of interest on any sums which a corporation borrows from a person or body 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 a guarantee so given, the Treasury shall lay before each House of Parliament a statement relating to that sum, as soon as possible 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 on it is finally discharged.

(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 corporation 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.

Assumed debt

6.-(1) On any acquisition to which this paragraph applies, a corporation shall assume a debt to the Secretary of State of such amount as may be notified to the corporation in writing by him, with the Treasury's approval.


[page 294]

(2) This paragraph applies to any acquisition by the corporation of property held -

(a) by or on behalf of the Crown, or

(b) by a company all of whose shares are held by or on behalf of the Crown or by a wholly owned subsidiary of such a company.

(3) Subject to sub-paragraph (4) below, the amount to be notified is the aggregate of the following:-
(a) the consideration given when the property was first brought into public ownership, and

(b) the costs and expenses of and incidental to its being brought into public ownership.

(4) If it appears to the Secretary of State that there has been such a change in circumstances since the property was first brought into public ownership that its true value would not be reflected by reference to the consideration mentioned in sub-paragraph (3) above, the Secretary of State, with the Treasury's approval, shall determine the amount to be notified.

(5) The rate of interest payable on the debt assumed by a corporation under this paragraph, and the date from which interest is to begin to accrue, the arrangements for paying off the principal, and the other terms of the debt shall be such as the Secretary of State, with the Treasury's approval, may from time to time determine.

(6) Different rates and dates may be determined under sub-paragraph (5) above with respect to different portions of the debt.

(7) Any sums received by the Secretary of State under sub-paragraph (5) above shall be paid into the National Loans Fund.

Surplus funds

7.-(1) Where it appears to the Secretary of State, after consultation with the Treasury and the corporation, that a corporation has a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for its future requirements, the corporation shall, if the Secretary of State with the approval of the Treasury and after consultation with the corporation so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction.

(2) Any sum received by the Secretary of State under this paragraph shall, subject to sub-paragraph (4) below, be paid into the Consolidated Fund.

(3) The whole or part of any payment made to the Secretary of State by a corporation under sub-paragraph (1) above shall, if the Secretary of State with the Treasury's approval so determines, be treated as made by way of repayment of such part of the principal of loans under paragraph 4(3) above, and as made in respect of the repayments due at such times, as may be so determined.

(4) Any sum treated under sub-paragraph (3) above as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.


[page 295]

Financial limits

8.-(1) The aggregate amount of the sums mentioned in sub-paragraph (2) below shall not exceed £200 million or such greater sum not exceeding £400 million as the Secretary of State may by order made by statutory instrument specify.

(2) The sums are -

(a) sums paid to all corporations under paragraph 3 above;

(b) sums borrowed by all corporations under paragraph 4(1) above minus repayments made in respect of the sums;

(c) sums borrowed by all corporations under paragraph 4(2) above (ignoring repayments made in respect of the sums);

(d) sums issued by the Treasury in fulfilment of guarantees under paragraph 5 above of debts of all corporations.

(3) No order under sub-paragraph (1) above shall have effect until approved by a resolution of the House of Commons.

Grants and loans: accounts

9.-(1) The Secretary of State shall prepare in respect of each financial year an account -

(a) of the sums paid to corporations under paragraph 3 above,

(b) of the sums issued to him under paragraph 4(4) above and the sums received by him under paragraph 4(5) above and of the disposal by him of those sums, and

(c) of the sums paid into the Consolidated Fund or National Loans Fund under paragraph 7 above.

(2) The Secretary of State shall send the account to the Comptroller and Auditor General before the end of the month of November next following the end of that year.

(3) The Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it and of his report before each House of Parliament.

(4) The form of the account and the manner of preparing it shall be such as the Treasury may direct.

PART III

GENERAL ACCOUNTS ETC.

Accounts

10.-(1) A corporation shall keep proper accounts and other records in relation to them.

(2) The accounts and records shall show, in respect of the financial year to which they relate, a true and fair view of the corporation's activities.

(3) A corporation shall prepare in respect of each financial year a statement of accounts complying with any requirement which the


[page 296]

Secretary of State has (with the Treasury's consent) notified in writing to the corporation relating to -

(a) the information to be contained in the statement;

(b) the manner in which the information is to be presented; and

(c) the methods and principles according to which the statement is to be prepared.

(4) Subject to any requirement notified to the corporation under sub-paragraph (3) above, in preparing any statement of accounts in accordance with that sub-paragraph the corporation shall follow, with respect to each of the matters specified in paragraphs (a) to (c) of that sub-paragraph, such course as may for the time being be approved by the Secretary of State with the Treasury's consent.

Audit

11.-(1) The corporation's accounts and statements of accounts shall be audited by an auditor to be appointed annually by the Secretary of State in relation to the corporation.

(2) A person shall not be qualified for appointment under sub-paragraph (1) above unless he is qualified for appointment as auditor of a company under section 161 of the Companies Act 1948.

(3) A person shall not be qualified for appointment under sub-paragraph (1) above if the person i s-

(a) a member, officer or servant of the corporation,

(b) a partner of, or employed by, a member, officer or servant of the corporation, or

(c) a body corporate.

Transmission to Secretary of State

12. As soon as the accounts and statement of accounts of the corporation for any financial year have been audited, the corporation shall send to the Secretary of State a copy of the statement, together with a copy of any report made by the auditor on the statement or on the accounts.

Reports

13.-(1) As soon as possible after the end of each financial year, a corporation shall make to the Secretary of State a report dealing generally with the corporation's operations during the year, and shall include in the report a copy of its audited statement of accounts for that year.

(2) Without prejudice to the generality of sub-paragraph (1) above, a report under this paragraph shall deal with the operation during the year of the corporation's arrangements for consultation about the exercise of its powers with local authorities the whole or any part of whose area is included in the urban development area.

(3) The Secretary of State shall lay a copy of the report before each House of Parliament.

Information

14. Without prejudice to paragraph 13 above, a corporation shall provide the Secretary of State with such information relating to its undertaking as he may require, and for that purpose shall permit any person authorised by the Secretary of State to inspect and make


[page 297]

copies of the accounts, books, documents or papers of the corporation and shall afford such explanation of them as that person or the Secretary of State may reasonably require.

SCHEDULE 32

Section 179.

ENTERPRISE ZONES

PART I

DESIGNATION OF ZONES

Invitation to prepare scheme

1.-(1) The bodies which may be invited to prepare a scheme under this Schedule are, in relation to England and Wales:-

(a) a district council;

(b) a London borough council;

(c) a new town corporation;

(d) an urban development corporation.

(2) The bodies which may be invited to prepare a scheme under this Schedule are, in relation to Scotland:-
(a) a district or general planning authority within the meaning of section 172(4) of the 1973 Act;

(b) a new town corporation;

(c) an urban development corporation.

(3) The Secretary of State may invite any of the bodies to prepare a scheme relating to the development of an area falling within the district, borough, district or general planning authority area, new town area or urban development area (as the case may be) and send the scheme to him in accordance with this Schedule.

(4) The invitation shall be made with a view to the designation as an enterprise zone of the area for which the scheme may be prepared.

(5) The invitation -

(a) shall specify the area for which the scheme may be prepared;

(b) may contain directions as to the drawing up of the scheme (in particular, as to its form or content or any consultations to be made).

(6) The invitation may specify an area in which publicity is to be given under paragraph 2(2)(b) below.

(7) In this paragraph -

1965 c. 59. 1968 c. 16.

"new town area" means an area designated as the site of a new town by an order under section 1 of the New Towns Act 1965 or section 1 of the New Towns (Scotland) Act 1968;

"new town corporation" means a development corporation established under either of those Acts;

"urban development area" means an area designated as such under this Act;

"urban development corporation" means a corporation established as such under this Act.


[page 298]

Preparation of draft scheme

2.-(1) A body which receives an invitation may prepare a scheme in draft in accordance with the terms of the invitation.

(2) If it prepares a scheme under sub-paragraph (1) above, it shall take such steps as will in its opinion secure -

(a) that -
(i) if the area for which the scheme is to be prepared is within Greater London, adequate publicity is given to its provisions in Greater London;

(ii) if the area for which the scheme is to be prepared is in England or Wales but outside Greater London, adequate publicity is given to its provisions in the county in which the area is situated; and

(iii) if the area for which the scheme is to be prepared is in Scotland, adequate publicity is given to its provisions in the region in which the area is situated; and

(b) that adequate publicity is also given to the provisions of the scheme in any area specified under paragraph 1(6) above;

(c) that persons who may be expected to want to make representations to the body with respect to the provisions are made aware that they are entitled to do so; and

(d) that such persons are given an adequate opportunity of making such representations within a period specified by the body (the specified period).

(3) The body shall consider any representation -
(a) which is made to it within the specified period, and

(b) which is made on the ground that all or part of the development specified in the scheme should not be granted planning permission in accordance with the terms of the scheme.

Adoption of scheme

3.-(1) After the expiry of the specified period or, if any representations falling within paragraph 2(3) above have been made, after considering them, the body may adopt the scheme by resolution.

(2) The scheme adopted may be the scheme prepared in draft or, subject to sub-paragraph (3) below, that scheme as modified to take account of any such representation or any matter arising out of the representation.

(3) A scheme may not be modified in any way inconsistent with the Secretary of State's invitation under paragraph 1 above.

(4) As soon as practicable after adopting a scheme under this Schedule, the body shall -

(a) send a copy of the scheme to the Secretary of State,

(b) deposit a copy of the scheme at its principal office, and

(c) publish an advertisement in accordance with sub-paragraphs (7) and (8) below.


[page 299]

(5) Any member of the public may inspect the copy so deposited, and make copies of or extracts from it, at any reasonable time without payment.

(6) The body shall make available copies of the scheme, at a reasonable cost, to any member of the public.

(7) The advertisement shall contain -

(a) a statement that the scheme has been adopted;

(b) a statement that a copy of the scheme can be inspected without payment;

(c) a statement of the address where and times when it can be inspected; and

(d) a statement that, if the Secretary of State makes an order designating the area to which the scheme relates as an enterprise zone, the order will have effect to grant planning permission in accordance with the scheme.

(8) The advertisement shall be published -
(a) in the London Gazette or, if the scheme relates to an area in Scotland, the Edinburgh Gazette; and

(b) on at least two occasions, in a newspaper circulating in the area to which the scheme relates.

Questioning scheme's validity

4.-(1) If a person is aggrieved by a scheme adopted by a body under this Schedule and he wishes to question its validity on the ground that it is not within the powers conferred by this Schedule, or that any requirement of this Schedule has not been complied with, he may within the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above make an application under this paragraph to the High Court or, if the scheme relates to an area in Scotland, the Court of Session.

(2) On such an application the High Court or the Court of Session, if satisfied -

(a) that the scheme is wholly or to any extent outside the powers conferred by this Schedule, or

(b) that the interests of the applicant would be substantially prejudiced by the failure to comply with any requirement of this Schedule if an order were made under this Schedule designating the area to which the scheme relates as an enterprise zone,

may order that the Secretary of State shall not make an order under this Schedule designating the area as an enterprise zone in pursuance of the scheme, but (in a case where sub-paragraph (b) above applies) may further order that, if steps are taken to comply with the requirement concerned, an order may be made designating the area.

(3) No order made by the Court under sub-paragraph (2) above prejudices the making of an order under this Schedule designating


[page 300]

the area as an enterprise zone in pursuance of another scheme (so long as this Schedule is complied with).

(4) Except as provided by this paragraph, the validity of a scheme adopted under this Schedule shall not be questioned in any legal proceedings whatsoever.

Designation of enterprise zone

5.-(1) If a body adopts a scheme under this Schedule, the Secretary of State may (if he thinks it expedient to do so) by order designate the area to which the scheme relates as an enterprise zone.

(2) No order may be made until -

(a) the expiry of the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above, or

(b) if an application in relation to the scheme is made under paragraph 4(1) above, the time at which any proceedings arising out of the application are disposed of.

whichever is the later.

(3) The power to make the order shall be exercisable-

(a) by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, and

(b) only with the Treasury's consent.

(4) The order shall -
(a) specify the date of the designation taking effect (the effective date):

(b) specify the period for which the area is to remain an enterprise zone;

(c) define the boundaries of the zone by means of a plan or map;

(d) designate as the enterprise zone authority the body which was invited to prepare the scheme.

1978 c. 30.

(5) The power to amend orders conferred by section 14 of the Interpretation Act 1978 does not include power to amend an order made under this paragraph.

(6) The power to revoke orders conferred by that section does not include power to revoke an order made under this paragraph before the expiry of the period mentioned in sub-paragraph (4)(b) above.

(7) In relation to England and Wales, the order may provide that the enterprise zone authority shall be the local planning authority for the zone for such purposes of the 1971 Act, and in relation to such kinds of development, as may be prescribed in the order.

(8) In relation to Scotland, the order may provide that the enterprise zone authority shall be the planning authority exercising district planning functions (within the meaning of section 172 of the 1973 Act) for the zone for such purposes of the 1972 Act, and in relation to such kinds of development, as may be prescribed in the order.


[page 301]

(9) In the following provisions of this Schedule references to a scheme are, in relation to an area designated as an enterprise zone under this paragraph, to the scheme adopted for the area under paragraph 3(1) above.

Publicity of designation

6.-(1) As soon as practicable after the making of an order under paragraph 5 above, the body which adopted the scheme shall publish an advertisement in accordance with sub-paragraphs (2) and (3) below.

(2) The advertisement shall contain -

(a) a statement that the order has been made and will have effect to make the area an enterprise zone; and

(b) a statement that a copy of the scheme can be inspected without payment and a statement of the address where and times when it can be inspected.

(3) The advertisement shall be published-
(a) in the London Gazette or, if the scheme relates to an area in Scotland, the Edinburgh Gazette; and

(b) on at least two occasions, in a newspaper circulating in the area to which the scheme relates.

Right of entry

7.-(1) Any person duly authorised in writing by a body which has been invited to prepare a scheme under this Schedule may at any reasonable time enter any land in the area to which the scheme relates (or could relate) for the purpose of surveying the land in connection with the preparation or adoption of a scheme under this Schedule.

(2) In relation to England and Wales, subsection (9) of section 280 and subsections (1) to (6) of section 281 of the 1971 Act (giving of notice, compensation for damage, etc.) shall apply in relation to sub-paragraph (1) above as they apply in relation to section 280.

(3) In relation to Scotland, subsection (8) of section 265 and subsections (1) to (6) of section 266 of the 1972 Act (giving of notice, compensation for damage, etc.) shall apply in relation to sub-paragraph (1) above as they apply in relation to section 265.

Acts referred to in Part I 8. In this Part of this Schedule -

1971 c. 78.

"1971 Act" means the Town and Country Planning Act 1971;
1972 c. 52.
"1972 Act" means the Town and Country Planning (Scotland) Act 1972;
1973 c. 65.
"1973 Act" means the Local Government (Scotland) Act 1973.

[page 302]

PART II

MODIFICATION OF SCHEME, ETC.

Modification of scheme

9.-(1) Where an order has been made under paragraph 5 above, the Secretary of State may invite the enterprise zone authority to prepare modifications to the scheme.

(2) The invitation may contain directions as to the drawing up of the modifications (in particular, as to their form or content or any consultations to be made).

10.-(1) The enterprise zone authority may prepare modifications to a scheme in draft in accordance with the terms of the invitation.

(2) Paragraphs 2(2) and (3), 3 and 4 above shall apply in relation to modifications to a scheme as they apply in relation to a scheme.

11.-(1) If an enterprise zone authority adopts modifications to a scheme, the Secretary of State may (if he thinks it expedient to do 10) notify the authority of his approval of them.

(2) No such notification may be given until -

(a) the expiry of the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above (as applied by paragraph 10 above); or

(b) if an application in relation to the scheme is made under paragraph 4(1) above (as so applied), the time at which any proceedings arising out of the application are disposed of,

whichever is the later.

(3) The notification shall specify the date of the modifications taking effect (the effective date of modification).

12.-(1) As soon as practicable after the date of the notification, the enterprise zone authority shall publish an advertisement in accordance with sub-paragraphs (2) and (3) below.

(2) The advertisement shall contain -

(a) a statement that the Secretary of State has notified the authority of his approval of the modifications; and

(b) a statement that a copy of the modifications can be inspected without payment; and

(c) a statement of the address where and times when they can be inspected.

(3) The advertisement shall be published -
(a) in the London Gazette or, if the scheme relates to an enterprise zone in Scotland, the Edinburgh Gazette; and

(b) on at least two occasions, in a newspaper circulating in the enterprise zone.


[page 303]

13. The power to modify a scheme under the preceding provisions of this Part of this Schedule includes power wholly to replace a scheme.

14. In the following provisions of this Schedule references to a modified scheme arc references to a scheme modified under this Part of this Schedule.

Modification of orders by Secretary of State

15.-(1) Subject to sub-paragraph (3) below, the Secretary of State may (if he thinks it expedient to do so) by order modify any order made under paragraph 5 above.

(2) Without prejudice to the generality of sub-paragraph (1) above, an order under this paragraph -

(a) may extend the period for which the zone is to remain an enterprise zone; and

(b) may provide -

(i) if the enterprise zone is in England or Wales, that the enterprise zone authority shall be the local planning authority for the zone for different purposes of the 1971 Act, or in relation to different kinds of development; and

(ii) if the enterprise zone is in Scotland, that the enterprise zone authority shall be the planning authority exercising district planning functions (within the meaning of section 172 of the 1973 Act) for the zone for different purposes of the 1972 Act, or in relation to different kinds of development.

(3) The power conferred by sub-paragraph (1) above does not include -
(a) power to alter the boundaries of an enterprise zone;

(b) power to designate a different enterprise zone authority for the zone; or

(c) power to reduce the period for which the zone is to remain an enterprise zone.

(4) The power to make an order under this paragraph shall be exercisable -
(a) by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, and

(b) only with the Treasury's consent.

1978 c. 30.

(5) The power to amend orders conferred by section 14 of the Interpretation Act 1978 does not include power to amend an order made under this paragraph.

(6) The power to revoke orders conferred by that section does not include power to revoke any order made under this paragraph which extends the period for which a zone is to remain an enterprise zone before the expiry of the extended period.


[page 304]

Change of enterprise zone authority

16.-(1) This paragraph applies where -

(a) the body designated as an enterprise zone authority is a new town corporation or an urban development corporation; and
1965 c. 59. 1968 c. 16.
(b) the Secretary of State intends to make an order dissolving that body under section 41 of the New Towns Act 1965 or section 36 of the New Towns (Scotland) Act 1968 or under section 166 above.
(2) Where this paragraph applies, the Secretary of State may by order made by statutory instrument designate as the enterprise zone authority for the zone any body which he could have invited to prepare a scheme for the area comprised in the zone under paragraph 1 above.

(3) An order under this paragraph shall specify the date on which the body is to become the enterprise zone authority.

PART III

PLANNING

General

17.-(1) An order designating an enterprise zone under this Schedule shall (without more) have effect on the effective date to grant planning permission for development specified in the scheme or for development of any class so specified.

(2) The approval of a modified scheme under paragraph 11 above shall (without more) have effect on the effective date of modification to grant planning permission for development specified in the modified scheme or for development of any class so specified.

(3) Planning permission so granted shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or (if none are specified) unconditional.

(4) Subject to sub-paragraph (5) below, where planning permission is so granted for any development or class of development, the enterprise zone authority may direct that the permission shall not apply in relation -

(a) to a specified development; or

(b) to a specified class of development; or

(c) to a specified class of development in a specified area within the enterprise zone.

(5) An enterprise zone authority shall not give a direction under sub-paragraph (4) above unless they have submitted it to the Secretary of State and he has notified them that he approves of their giving it.

(6) If the scheme or the modified scheme specifies matters, in relation to any development it permits, which will require approval by the enterprise zone authority, the permission shall have effect accordingly.


[page 305]

(7) Notwithstanding sub-paragraphs (1) to (6) above, planning permission may be granted under the 1971 Act or the 1972 Act in relation to land in an enterprise zone (whether the permission is granted in pursuance of an application made under Part III of the 1971 Act or Part III of the 1972 Act or by a development order).

(8) Nothing in this Part of this Schedule prejudices the right of any person to carry out development apart from this Part.

Amendments of 1971 Act

18.-(1) This paragraph amends the 1971 Act in consequence of paragraph 17 above.

(2) In section 41(3) (exceptions to provisions about limit of duration of planning permission) insert after paragraph (a) -

"(aa) to any planning permission granted by an enterprise zone scheme;".
(3) In section 53(1) (application to determine whether planning permission required, having regard to development order) after "development order" insert "and of any enterprise zone scheme".

(4) In section 209(1) (stopping up or diversion of highway) insert after "Part III of this Act" the words "or by virtue of Schedule 32 to the Local Government, Planning and Land Act 1980".

(5) In section 290(1) (interpretation) insert at the appropriate place in alphabetical order -

"'enterprise zone scheme' means a scheme or modified scheme having effect to grant planning permission by virtue of Schedule 32 to the Local Government, Planning and Land Act 1980;".
Amendments of 1972 Act

19.(1) This paragraph amends the 1972 Act in consequence of paragraph 17 above.

(2) In section 38(3) (exceptions to provisions about limit of duration of planning permission) insert after paragraph (a) -

"(aa) to any planning permission granted by an enterprise zone scheme;".
(3) In section 51(1) (applications to determine whether planning permission required) after "development of the land" insert -
"and, if so, whether an application for planning permission in respect thereof is required under this Part of this Act, having regard to the provisions of the development order and of any enterprise zone scheme".
(4) In section 198(1) (stopping up or diversion of highway) insert after "Part III of this Act" the words "or by virtue of Schedule 32 to the Local Government, Planning and Land Act 1980".


[page 306]

(5) In section 275(1) (interpretation) insert at the appropriate place in alphabetical order -

"'enterprise zone scheme' means a scheme or modified scheme having effect to grant planning permission by virtue of Schedule 32 to the Local Government. Planning and Land Act 1980;".
Enterprise zone authority as planning authority

20.-(1) Where under paragraph 5(7) above an order designating an enterprise zone provides that the enterprise zone authority shall be the local planning authority for the zone, then while the zone subsists, the enterprise zone authority shall be, to the extent mentioned in the order and to the extent that it is not already, the local planning authority for the zone in place of any authority which would otherwise be the local planning authority for the zone.

(2) Where under paragraph 5(8) above an order designating an enterprise zone provides that the enterprise zone authority shall be the planning authority exercising district planning functions for the zone, then, while the zone subsists, the enterprise zone authority shall be, to the extent mentioned in the order and to the extent that it is not already, the planning authority for the zone in place of any authority which would otherwise be the planning authority for the zone.

Saving where scheme is modified

21. Nothing in a modified scheme shall prevent the carrying on of operations started before the effective date of modification in accordance with the scheme as it had effect before that date.

Termination of enterprise zone

22.-(1) This paragraph has effect where an area ceases to be an enterprise zone, and in this paragraph a reference to the termination date is to the date when the area so ceases.

(2) The scheme does not authorise the carrying out of operations after the termination date, even if they started to be carried out before that date in accordance with the scheme.

Structure and local plans

23.-(1) As soon as practicable after an order has been made under paragraph 5 above or a notification has been given under paragraph 11 above -

(a) any county planning authority for an area in which the enterprise zone is wholly or partly situated shall review any structure plan for their area or for part of it which relates to the whole or part of the zone in the light of the provisions of the scheme or modified scheme; and

(b) any local planning authority for an area in which the enterprise zone is wholly or partly situated shall review any local plan prepared by it which relates to any land in the zone.


[page 307]

(2) A county planning authority shall submit to the Secretary of State proposals for any alterations to a structure plan which they consider necessary to take account of the scheme or the modified scheme.

(3) Where an enterprise zone is wholly or partly situated in Greater London, sub-paragraphs (1) and (2) above shall have effect as if the references to the county planning authority were references to the Greater London Council and the references to the structure plan were accordingly references to the Greater London development plan.

(4) A local planning authority shall make proposals for any alterations to such a local plan as is mentioned in sub-paragraph (1)(b) above which they consider necessary to take account of the scheme or the modified scheme, or for the repeal or replacement of any of those plans whose repeal or replacement they consider necessary for that purpose.

(5) This paragraph shall apply only to England and Wales.

24.-(1) As soon as practicable after an order has been made under paragraph 5 above or a notification has been made under paragraph 11 above -

(a) any planning authority exercising regional planning functions for an area in which the enterprise zone is wholly or partly situated shall review any structure plan for their area or for part of it which relates to the whole or part of the zone in the light of the provisions of the scheme or modified scheme; and

(b) any planning authority exercising district planning functions in an area in which the enterprise zone is wholly or partly situated shall review any local plan prepared by it which relates to any land situated in the zone.

(2) A planning authority exercising regional planning functions shall submit to the Secretary of State proposals for any alterations to a structure plan which they consider necessary to take account of the scheme or the modified scheme.

(3) A planning authority exercising district planning functions shall make proposals for any alterations to such a local plan as is mentioned in sub-paragraph (1)(b) above which they consider necessary to take account of the scheme or modified scheme, or for the repeal or replacement of any of those plans whose repeal or replacement they consider necessary for that purpose.

1973 c. 65.

(4) In this paragraph "regional planning functions" and "district planning functions" have the meanings assigned to them by section 172 of the Local Government (Scotland) Act 1973.

(5) This paragraph shall apply only to Scotland.

Regulations

25.-(1) The Secretary of State may by regulations made by statutory instrument -

(a) make provision as to the procedure for giving a direction under paragraph 17(4) above;

[page 308]

(b) make provision, as to the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in paragraph 17(6) above;

(c) make transitional and supplementary provision in relation to any provision mentioned in paragraph 20 above of an order designating an enterprise zone.

(2) Regulations under sub-paragraph (1) above may modify any planning enactment or may apply any planning enactment (with or without modification) in making any provision mentioned in that sub-paragraph.

Interpretation

26.-(1) In this Part of this Schedule -

"planning enactment" means any provision of the 1971 Act or of the 1972 Act or of any instrument made under either of them;
1971 c. 78.
"the 1971 Act" means the Town and Country Planning Act 1971;
1972 c. 52.
"the 1972 Act" means the Town and Country Planning (Scotland) Act 1972.
(2) Any expression used in this Part of this Schedule and to which a meaning is assigned -
(a) in relation to England and Wales, by the 1971 Act; or

(b) in relation to Scotland, by the 1972 Act,

has, in relation to England and Wales or, as the case may be, in relation to Scotland, the meaning so assigned to it.

PART IV

RATES - ENGLAND AND WALES

No rates on certain hereditaments

27.-(1) No person shall be liable to pay rates in respect of an exempt hereditament as regards any period during which the area in which the hereditament is situated is designated as an enterprise zone.

(2) Sub-paragraph (1) above does not affect any duty arising under the 1967 Act to insert particulars in a valuation list with respect to the hereditament and its value.

(3) A hereditament is an exempt hereditament for the purposes of this paragraph unless -

(a) it is a dwelling-house, a private garage or private storage premises, or

(b) it is specified in Schedule 3 to the 1974 Act (hereditaments of certain public utilities etc), or

(c) it is a hereditament which is occupied by a public utility undertaking and of which the value falls to be ascertained on the profits basis.


[page 309]

(4) For the purposes of this paragraph a hereditament that is not in use shall nevertheless be treated as a dwelling-house, a private garage or private storage premises if it appears that, when next in use, it will be a hereditament of that description.

Mixed hereditaments

28.-(1) As regards any period during which the area in which a mixed hereditament is situated is designated as an enterprise zone, the valuation officer shall determine the portion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private dwelling or private dwellings.

(2) Where a determination in respect of a hereditament has been made under sub-paragraph (1) above, the amount of any rates payable in respect of the hereditament shall be the amount which would be payable in respect of it if it were a dwelling of a rateable value equal to the portion of the rateable value which was determined under that sub-paragraph.

(3) Subsection (6) of section 48 of the 1967 Act (which confers power to make regulations about the determination of questions relating to domestic rate relief and which is amended by section 33(7) above) shall have effect as if -

(a) the reference to the proportion mentioned in subsection (5) of that section included a reference to the portion mentioned in sub-paragraph (1) above; and

(b) the reference to the view taken by the rating authority included a reference to the view taken by the Valuation Officer; and

(c) the reference to a previous determination made by virtue of that subsection included a reference to a previous determination made by virtue of this paragraph,

and the references to determinations in paragraphs (a) and (b) of that subsection shall accordingly include references to determinations made by virtue of this paragraph.

Grants

29.-(1) The Secretary of State shall make grants to rating authorities who lose revenue from exempt hereditaments in consequence of the provisions of this Part of this Schedule.

(2) Such grants shall be paid out of money provided by Parliament

(3) Such grants shall be paid at such times as the Secretary of State may, with the consent of the Treasury, determine.

30.-(1) Subject to sub-paragraph (2) below, a grant to a rating authority under paragraph 29 above shall be of such an amount as will fully compensate the authority for the lost revenue mentioned in sub-paragraph (1) of that paragraph.

(2) Where the specified proportion, as defined in paragraph 1(2A) of Schedule 1 to the 1967 Act (rating of unoccupied property) differs in different parts of a rating area, the Secretary of State need only pay the rating authority, in respect of loss of rates on property


[page 310]

rateable by virtue of section 17 of that Act, an amount which will compensate them for such proportion as he thinks fit of the revenue lost by them in consequence of the provisions of this Part of this Schedule.

31. In section 1(2) of the 1974 Act (amount available for grants to local authorities) after the words "or section 69 of the Local Government, Planning and Land Act 1980" (inserted by section 69(3) above), in each place where they occur, there shall be inserted the words "or paragraph 29 of Schedule 32 to that Act".

Supplementary

32.-(1) In this Part of this Schedule "dwelling-house", "profit basis" and "valuation officer" have the meanings assigned to them by section 115 of the 1967 Act and -

"private garage" means a building having a floor area not exceeding 25 square metres which is used wholly or mainly for the accommodation of a motor vehicle (and for this purpose "building" includes part of a building);

"private storage premises" means a hereditament which is used wholly in connection with a dwelling-house or dwelling-houses and wholly or mainly for the storage of articles of domestic use (including bicycles and similar vehicles) belonging to persons residing there;

1967 c. 9.
"the 1967 Act" means the General Rate Act 1967; and
1974 c. 7.
"the 1974 Act" means the Local Government Act 1974.
(2) This Part of this Schedule applies to England and Wales only.

PART V

RATES - SCOTLAND

No rates on certain lands and heritages

33.-(1) No person shall be liable to pay rates in respect of exempt lands and heritages as regards any period during which the area in which the lands and heritages are situated is designated as an enterprise zone.

(2) Lands and heritages are exempt lands and heritages for the purpose of this paragraph unless -

(a) they comprise a dwelling-house, a private garage or private storage premises, or
1975 c. 30.
(b) they are specified in Schedule 1 to the Local Government (Scotland) Act 1975 (lands and heritages valued by formula), or

(c) they are occupied by a public utility undertaking and the value of such lands and heritages falls to be ascertained by reference to the profits of the undertaking carried on therein.

(3) For the purposes of this paragraph lands and heritages that are not in use shall nevertheless be treated as a dwelling-house, a


[page 311]

private garage or private storage premises if it appears that, when next in use, they will be lands and heritages of that description.

(4) In this paragraph -

"private garage" means a building having a floor area not exceeding 25 square metres which is used wholly or mainly for the accommodation of a motor vehicle (and for this purpose "building" includes part of a building);

"private storage premises" means lands and heritages which are used wholly in connection with a dwelling-house or dwelling-houses and wholly or mainly for the storage of articles of domestic use (including bicycles and similar vehicles) belonging to persons residing there;

"rates" do not include domestic water rate.

Grants to Compensate Rating Authorities for Loss of Revenue

34.-(1) The Secretary of State shall make grants to rating authorities who lose revenue from exempt lands and heritages in consequence of the provisions of this Part of this Schedule.

(2) Such grants shall be paid out of money provided by Parliament.

(3) Such grants shall be paid at such times as the Secretary of State may, with consent of the Treasury, determine.

(4) A grant to a rating authority under this paragraph shall be of such an amount as will fully compensate the authority for the lost revenue mentioned in sub-paragraph (1) above.

Supplementary

35. This Part of this Schedule applies only to Scotland.

SCHEDULE 33

Section 193.

MINOR AND CONSEQUENTIAL AMENDMENTS

Commissioners of Works Act 1894 (c. 23)

1.-(1) Section 1 of the Commissioners of Works Act 1894 shall continue to be amended as mentioned in this paragraph, notwithstanding the repeal by this Act of paragraph 2 of Schedule 10 to the

1975 c. 77.

Community Land Act 1975.

(2) For subsection (1) of section 1 of the said Act of 1894 (which applies the Lands Clauses Acts to acquisitions under the

1852 c. 28.

Commissioners of Works Act 1852), there shall in relation to England and Wales be substituted the following subsection -

"(1) For the purpose of the purchase of land by the Secretary of State under the Commissioners of Works Act 1852, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply.

In the said Part I as so applied the word "land" means (except where the context otherwise requires) any corporeal


[page 312]

hereditament, including a building, and, in relation to the acquisition of land under the said Act of 1852, includes any interest in or right over land.".
(3) For subsection (1) of section 1 of the said Act of 1894 there shall in relation to Scotland be substituted the following subsection -
"(1) For the purpose of the purchase of land by the Secretary of State under the Commissioners of Works Act 1852, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845), and sections 6 and 70 of the Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923) are hereby incorporated with the said Act of 1852, and, in construing those Acts for the purposes of the said Act of 1852, that Act shall be deemed to be the special Act and the Secretary of State shall be deemed to be the promoter of the undertaking or company, as the case may require.

In relation to the acquisition of land under the said Act of 1852, 'land' includes any interest in or right over land.".

(4) This paragraph shall have effect only in relation to agreements entered into after 12 December 1975.

Agricultural Land (Utilisation) Act 1931 (c. 41)

2. The following subsection shall be added after section 12(1) of the Agricultural Land (Utilisation) Act 1931 (power of county councils to provide cottage holdings) -

"(1A) If the tenant of a cottage holding feels aggrieved by a prohibition such as is mentioned in the proviso to section 47(1) of the Small Holdings and Allotments Act 1908 (prohibition of improvements), he may appeal to the Minister of Agriculture, Fisheries and Food, who may confirm, vary or annul the prohibition, and the decision of the Minister shall be final.".
Lands Tribunal Act 1949 (c. 42)

3.-(1) Section 3 of the Lands Tribunal Act 1949 shall continue to be amended as mentioned in this paragraph, notwithstanding the repeal by this Act of paragraph 3 of Schedule 10 to the Community Land Act 1975.

(2) In section 3 of the Lands Tribunal Act 1949 (rules regulating proceedings before the Land Tribunal) after subsection (6) there shall be inserted the following subsections -

"(6A) It is hereby declared that this section authorises the making of rules which allow the Tribunal to determine cases without an oral hearing.

(6B) The rules shall require that the determination without an oral hearing of any disputed claim for compensation which -


[page 313]

(a) is payable in respect of a compulsory acquisition of land, or

(b) depends directly or indirectly on the value of any land,

shall require the consent of the person making the claim.

(6C) Where the Tribunal determine a case without an oral hearing, subsection (3) of this section shall apply subject to such modifications as may be prescribed by the rules.".

(3) In sections 3(6)(b) of the Lands Tribunal Act 1949 (provision for the Tribunal to sit with assessors) for "sit with" there shall be substituted "be assisted by".

Landlord and Tenant Act 1954 (c. 56)

4.-(1) In subsection (2) of section 37 of the Landlord' and Tenant Act 1954 (compensation where order for new tenancy precluded on certain grounds) the words "the product of the appropriate multiplier and" shall be inserted after the word "be" in paragraphs (a) and (b).

(2) The following subsections shall be added after subsection (7) of that section:-

"(8) In subsection (2) of this section "the appropriate multiplier" means such multiplier as the Secretary of State may by order made by statutory instrument prescribe.

(9) A statutory instrument containing an order under subsection (8) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.".

Land Compensation Act 1961 (c. 33)

1961 c. 33. 1975 c. 77.

5.-(1) Sections 2(2), 15(5) and 19(3) of the Land Compensation Act 1961 shall continue to be amended as mentioned in this paragraph notwithstanding the repeal by this Act of paragraph 4(1) to (3) and (5) of Schedule 10 to the Community Land Act 1975.

(2) At the end of section 2(2) of the Land Compensation Act 1961 (tribunal to sit in public) there shall be added -

"Provided that this subsection shall not prevent the determination of cases without an oral hearing pursuant to rules under section 3 of the Lands Tribunal Act 1949".
(3) In section 15(5) of the Land Compensation Act 1961 (assumptions as to planning permission) for the words "might reasonably have been expected to be It there shall be substituted the words "would have been" and after the word "thereof" there shall be inserted the words "if it were not proposed to be acquired by any authority possessing compulsory purchase powers".

(4) In section 19(3) of the Land Compensation Act 1961 (extension of sections 17 and 18 to special cases) there shall be substituted for the words "paragraph (a)" the words "paragraphs (a) and (b)" and for the words "paragraph (b)" the words "paragraph (c)".

(5) Sub-paragraphs (3) and (4) above shall have effect only in relation to applications, or certificates issued in pursuance of applications made after 12 December 1975.


[page 314]

6.-(1) In Schedule 2 to the Land Compensation Act 1961 (acquisition of houses as being unfit for human habitation), at the end of paragraph 2(1) there shall be added "or

(j) an acquisition by the Land Authority for Wales under section 104 of the Local Government, Planning and Land Act 1980;

(k) an acquisition by means of an order under section 141 of that Act vesting land in an urban development corporation;

(l) an acquisition by such a corporation under section 142 of that Act;

(2) In paragraph 3(3), for the word "For" there shall be substituted the words "Subject to sub-paragraphs (3A) to (3C) below, for".

(3) The following sub-paragraphs shall be inserted after that sub-paragraph:-

"(3A) For the purposes of this paragraph the gross value of a dwelling whose rateable value is by virtue of subsection (1) of section 19 of the General Rate Act 1967 to be taken to be its net annual value ascertained in accordance with subsections (2) to (4) of that section is the corresponding gross value.

(3B) In sub-paragraph (3A) above "the corresponding gross value It means a gross value which would be equivalent to the net annual value of the dwelling as shown in the valuation list if there were deducted any amount that by virtue of an order made or falling to be treated as made under subsection (2) of section 19 of the General Rate Act 1967 would be deducted from the gross value of the dwelling if it had been required to be assessed to its gross value instead of its net annual value.

(3C) If more than one value is ascertained under sub-paragraph (3B) above to be the corresponding gross value of the dwelling, the highest value so ascertained shall be taken to be the corresponding gross value for the purposes of this paragraph.".

Land Compensation (Scotland) Act 1963 (c. 51)

7.-(1) Sections 9(2), 23(5) and 27(5) of the Land Compensation (Scotland) Act 1963 shall continue to be amended as mentioned in this paragraph notwithstanding the repeal by this Act of paragraph 5(1) to (3) and (5) of Schedule 10 to the

1975 c. 77.

Community Land Act 1975.

(2) At the end of section 9(2) of the Land Compensation (Scotland) Act 1963 (tribunal to sit in public) there shall be added -

"Provided that this subsection shall not prevent the determination of cases without an oral hearing pursuant to rules under section 3 of the Lands Tribunal Act 1949".
(3) In section 23(5) of the Land Compensation (Scotland) Act 1963 (assumptions as to planning permission) for the words "might reasonably have been expected to be" there shall be substituted the words "would have been" and after the word "thereof" there shall be inserted the words "if it were not proposed to be acquired by any authority possessing compulsory purchase powers".

(4) In section 27(5) of the Land Compensation (Scotland) Act 1963 (extension of sections 25 and 26 to special cases) there shall be substituted for the words "section 25(3)(a)" the words "subsection


[page 315]

(3)(a) and (b) of section 25" and for the words "subsection (3)(b) the words "subsection (3)(c)".

(5) Sub-paragraphs (3) and (4) above shall have effect only in relation to applications, or certificates issued in pursuance of applications, made after 12 December 1975.

(6) In Schedule 2 to the Land Compensation (Scotland) Act 1963 (acquisition of houses as being unfit for human habitation) at the end of paragraph 1(1) there shall be added "or

(h) an acquisition by means of an order under section 141 of the Local Government, Planning and Land Act 1980 vesting land in an urban development corporation; or

(i) an acquisition by such a corporation under section 142 of that Act.".

Housing Act 1964 (c. 56)

8.-(1) In subsection (1) of section 78 of the Housing Act 1964 (periodical payment to dispossessed proprietor) for the words from "one half" to the end of the subsection there shall be substituted the words "the product of one half of the gross value for rating purposes of the house as shown in the valuation list on the date when the control order comes into force and the appropriate multiplier".

(2) In subsection (5) of that section for the word "For" there shall be substituted the words "Subject to subsections (5A) to (5C) below, for".

(3) The following subsections shall be inserted after that subsection -

"(5A) For the purposes of the references in this section to the gross value of the house, that gross value, in the case of a house whose rateable value is by virtue of subsection (1) of section 19 of the General Rate Act 1967 to be taken to be its net annual value ascertained in accordance with subsections (2) to (4) of that section, is the corresponding gross value.

(5B) In subsection (5A) above "the corresponding gross value" means a gross value which would be equivalent to the net annual value of the house as shown in the valuation list if there were deducted any amounts that by virtue of an order made or falling to be treated as made under section 19(2) of the General Rate Act 1967 would be deducted from the gross value of the house if it had been required to be assessed to its gross value instead of its net annual value.

(5C) If more than one value is ascertained under subsection (5B) above to be the corresponding gross value of the house, the highest value so ascertained shall be the corresponding gross value for the purposes of the references in this section to the gross value.

(5D) In subsection (1) of this section "the appropriate multiplier" means such multiplier as the Secretary of State may by order made by statutory instrument prescribe.

(5E) A statutory instrument containing an order under subsection (5D) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.".

General Rate Act 1967 (c. 9)

9. Section 5(1)(g) of the General Rate Act 1967 (by virtue of


[page 316]

which rules may provide for the inclusion in the demand note on which a rate is levied of information as to the amounts in the pound which are being levied for services administered by the rating authority and any precepting authority) shall cease to have effect.

10.-(1) In section 17B(2) of that Act (supplemental provisions as to liability to progressive surcharge in respect of unused office property) for the words from "(not being" to "section 19(2) of this Act" there shall be substituted the words "whose net annual value falls to be ascertained under section 19(3) of this Act and which consists of one or more non-industrial buildings, with or without a garden, yard, court, forecourt, outhouse or other appurtenance belonging thereto, but without other land (and for this purpose "non-industrial building" and "appurtenance" have the meanings assigned to them by section 19(6) of this Act)."

(2) In section 30(1) of that Act (county and voluntary school premises) for the words "gross value" wherever they occur, there shall be substituted the words "rateable value".

(3) In section 68(4) of that Act (definition of "material change of circumstances" for purposes of new valuation lists) for the words "Schedule 11 to" there shall be substituted the words "section 19 of".

1967 c. 9.

11. In section 80(4) of the General Rate Act 1967 for the words "section 35 of this Act" there shall be substituted the words "section 19 of the Local Government Act 1974".

Post Office Act 1969 (c. 48)

12.41) In paragraph 93(1) of Schedule 4 to the Post Office Act 1969 (6y virtue of which the Post Office is deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of certain enactments including, by virtue of paragraph (xxxiii), enactments contained in the Town and Country Planning Act 1971) for the words "225", in the second place where they occur, there shall be substituted the words "255".

(2) The amendment made by subsection (1) above shall be deemed to have come into operation on 1st April 1972 (the date on which Part II of Schedule 23 to the

1971 c. 78.

Town and Country Planning Act 1971 (which inserted paragraph (xxxiii) in paragraph 93(1) of Schedule 4 to the Post Office Act 1969) came into operation).

Local Government Act 1972 (c. 70)

13.-(1) Paragraph 55 of Schedule 16 to the Local Government Act 1972 shall continue to be amended as mentioned in this paragraph, notwithstanding the repeal by this Act of paragraph 8(2) of Schedule to to the

1975 c. 77.

Community Land Act 1975.

1961 c. 33.

(2) In the said paragraph 55 (which makes provision as to the exercise of functions under section 17 of the Land Compensation Act 1961 elsewhere than in Greater London) for the words "might reasonably have been expected to be granted", in both places where they occur, there shall be substituted the words "would have been granted if the land in question were not proposed to be acquired by any authority possessing compulsory purchase powers."

This sub-paragraph shall have effect only in relation to applications made after 12 December 1975.


[page 317]

Housing Act 1980 (c. 51)

14. In Schedule 5 to the Housing Act 1980 (application of

1954 c. 56.

Landlord and Tenant Act 1954 to assured tenancies) the following paragraph shall be inserted after paragraph 7:-

"7A. The power to prescribe a multiplier conferred by subsection (8) of that section includes power to prescribe a multiplier in relation to assured tenancies different from that prescribed in relation to other tenancies to which Part II of the Landlord and Tenant Act 1954 applies."

SCHEDULE 34

Section 194.

REPEALS

PART I

REPEALS CONSEQUENTIAL ON SECTION 1(1) - VARIOUS CONTROLS

ChapterShort titleExtent of repeal
12, 13 & 14 Geo. 6, c. 55.Prevention of Damage by Pests Act 1949.Section 2(2).
Section 12(1).
In section 21(1) the words "to give general directions under section twelve of this Act and".
14 & 15 Geo. 6, c. 63.Rag Flock and Other Filling Materials Act 1951.Section 6(5) and (6).
Section 7(5) and (6).
Section 15(5). Section 27.
4 & 5 Eliz. 2, c. 16.Food and Drugs Act 1955.Section 99(2).
In section 109, in subsection (2) the words "Subject to the next following subsection," and subsection (3).
1970 c. 40.Agriculture Act 1970.Section 67(7).
Section 80(2), (3) and (4).
Section 86(8).
1972 c. 70.Local Government Act 1972.Section 138(2).
1974 c. 3.Slaughterhouses Act 1974.Section 2(6) and (7).
In section 12(1) the words "and shall if so required by the Minister".
In section 16(1)(a) the words "and shall if so required by the Minister".

PART II

REPEALS CONSEQUENTIAL ON SECTION 1(2) - CLEAN AIR AND POLLUTION

ChapterShort titleExtent of repeal
4 &5 Eliz. 2, c. 52.Clean Air Act 1956.Section 4.
In section 6, subsection (3), and in subsection (5) the words "under subsection (3) or".


[page 318]

ChapterShort titleExtent of repeal
4 & 5 Eliz. 2, c. 52 - cont.Clean Air Act 1956 - cont.In section 11, in subsection (1) the words "confirmed by the Minister", in subsection (5) the words "and confirmed" (in both places where they occur) and in subsection (6) the words "confirmation and".
In section 12(2) the words "and confirmed".
In section 31(6), the words from "or", in the second place where it occurs, to the end in their application to England and Wales.
Section 35(4).
1964 c. 56.Housing Act 1964.In section 95, in subsection (2), the words "as confirmed" and the words "then, if the order is confirmed," and subsection (2A).
1968 c. 62.Clean Air Act 1968.Section 4(3).
Section 6(3).
In section 10, subsections (1) to (4).
In section 12(1) the words "14 or".
Section 14(3).
1974 c. 40.Control of Pollution Act 1974.In section 2, in subsection (2), the words from "but provision may be made by regulations" to the end, in subsection (3)(a)(vi) the words "and such other persons as are prescribed", and subsection (7).
In section 5, in subsection (1) the words "and include such information as is prescribed", in subsection (2) the words from "but provision may be made by regulations" to the end, in subsection (4)(a) the words "and to any other prescribed person", in subsection (4)(b) the words "or person" (in each place where they occur), in subsection (5)(a) the words "and (iii) any other prescribed person", and in subsection (5)(b) the words "or person" (in each place where they occur).
In section 6, in subsection (1) the words "as to the conditions which are or are not


[page 319]

ChapterShort titleExtent of repeal
1974 c. 40 - cont.Control of Pollution Act 1974 - cont.to be specified in a disposal licence, and", and in subsection (2) the words "Subject to regulations made in pursuance of the preceding subsection".
In section 11, in subsection (3), paragraph (b) and in paragraph (c) the words "and to any other prescribed person" in subsection (4)(a) the words "and to any other prescribed person", and, in subsection (6), paragraph (b) and the word "and" immediately preceding it.
In section 23, subsection (3) and, in subsection (4), the word "also".
In section 28(1) the words "in the prescribed form".
In section 63, in subsection (1) the words "confirmed by the Secretary of State", in subsection (3) the words "and confirmed" (in both places where they occur), and in subsection (4) the words "confirmation and".
Section 73(2)(a).
In section 79(5) the words "or with the consent of the Secretary of State".
In Schedule 3, paragraph 22.

PART III

REPEALS CONSEQUENTIAL ON SECTION 1(3) - AMENITY ETC.

ChapterShort titleExtent of repeal
39 & 40 Vict, c. 56.Commons Act 1876.Section 8.
62 & 63 Vict, c. 30.Commons Act 1899.In section 2, the second sentence.
In section 12 the words "and subject to the approval of the Local Government Board".
12, 13 & 14 Geo. 6, c. 97.National Parks and Access to the Countryside Act 1949.Section 37.
In section 61(3) paragraph (b) of the proviso.
Section 62(4).
Section 79.


[page 320]

ChapterShort titleExtent of repeal
12, 13 & 14 Geo. 6 c. 97 - cont.National Parks and Access to the Countryside Act 1949 - cont.In section 80(3) the words "made with the approval of the Minister".
1968 c. 41.Countryside Act 1968.Section 17.
1978 c. 3.Refuse Disposal (Amenity) Act 1978.In section 3(2) the words "in the prescribed manner" and the words "in the prescribed manner and". - cont.Section 4(4). - cont.In section 6(2) the words "in the prescribed manner" and the words "in the prescribed manner and".

PART IV

REPEALS CONSEQUENTIAL ON SECTION 1(4) - WEIGHTS AND MEASURES AND TRADE

ChapterShort titleExtent of repeal
14 Geo. 6, c. 28.Shops Act 1950.In section 8(1) the words "and confirmed by the Secretary of State in manner provided by this Act".
In section 9, in subsection (2), the words from "and the order" to the end, and subsection (3).
Section 10.
1963 c. 31.Weights and Measures Act 1963.In section 5(1A) the words "with the approval of the Secretary of State".
In section 39, subsections (3), (4) and (5).
In section 41(2) the words from "and notice" to the end.
1968 c. 29.Trade Descriptions Act 1968.Section 26(3) and (4).
1974 c. 39.Consumer Credit Act 1974.Section 26(5), (6), (7) and (8).
1979 c. 38.Estate Agents Act 1979.Section 161(4), (5) and (6).
1979 c. 45.Weights and Measures Act 1979.In section 1(8)(a) the words from "and for the payment" to the end.
In section 4(3) the words from "to the investigation of a complaint" to "are not being properly discharged", the words "in sections 38(1)" and the words "39(3) the references".


[page 321]

PART V

REPEALS CONSEQUENTIAL ON SECTION 1(5) - ALLOTMENTS

ChapterShort titleExtent of repeal
8 Edw. 7, c. 36.Small Holdings and Allotments Act 1908.In section 28(3) the words "Rules under this section" to the end.
In section 32(2) the words "and which is approved by the Local Government Board".
In the proviso to section 47(1) the words from "but, if the tenant feels aggrieved" to the end.
In section 49(2) the words "with the consent of, and subject to regulations made by, the Local Government Board".
Section 54.
Section 59.
9 & 10 Geo. 5, c. 59.Land Settlement (Facilities) Act 1919.In section 22(1) the words from "with the consent" to "may impose".
12 & 13 Geo. 5, c. 51.Allotments Act 1922.Section 20.
15 &16 Geo. 5, c. 61.Allotments Act 1925.Section 13.

PART VI

REPEALS CONSEQUENTIAL ON SECTION 1(6) - CHARGES AND RATES OF INTEREST ETC.

ChapterShort titleExtent of repeal
26 Geo. 5 & 1 Edw. 8, c. 49.Public Health Act 1936.In section 291(3), the proviso.
5 & 6 Eliz. 2, c. 56.Housing Act 1957.Section 10(6).
9 & 10 Eliz. 2, c. 65.Housing Act 1961.Section 18(8).
1964 c. 75.Public Libraries and Museums Act 1964.In section 8(2), the words "not exceeding such amount as may be specified in that behalf by the Secretary of State".
1966 c. 42.Local Government Act 1966.In Schedule 3, in Part II, paragraphs 7, 15 and 32.
1966 c. 51.Local Government (Scotland) Act 1966.In Schedule 4, in Part II, paragraphs 13 and 22.
1968 c. 54.Theatres Act 1968.In Schedule 1, in paragraph 3, sub-paragraphs (2) and (3).


[page 322]

ChapterShort titleExtent of repeal
1972 c. 70.Local Government Act 1972.Section 171.
1972 c. xl.Greater London Council (General Powers) Act 1972.Section 19(6)(c).
1973 c. 60.Breeding of Dogs Act 1973.Section 1(3).
1973 c. 65.Local Government (Scotland) Act 1973.In section 121(1) the words "section 10(2) of the Coast Protection Act 1949" and "section 23(5) of the Mines and Quarries (Tips) Act 1969".
1974 c. 44.Housing Act 1974.Section 76(6).

PART VII

REPEALS CONSEQUENTIAL ON SECTION 1(7) - HIGHWAYS

ChapterShort titleExtent of repeal
12, 13 and 14 Geo. 6, c. 97.National Parks and Access to the Countryside Act 1949.In section 53, in subsection (1), the words "with the approval of the Minister" in paragraph (b) and at the end of that paragraph the words "as the Minister may either generally or in any particular case direct", and subsections (3) and (4).
7 & 8 Eliz. 2, c. 25.Highways Act 1959.In section 30, subsections (2) and (3) and in subsection (4), the words "Subject to the provisions of subsection (2) of this section.".
In section 73(1) the proviso.
Sections 95 and 96.
In section 108(10), the words "and any question arising under this subsection whether the withholding of a consent is unreasonable shall be determined by the Minister".
In section 126, subsection (2), in subsection (3) the words "or by the Minister of Housing and Local Government under the last foregoing subsection", and in subsection (4), the words "or subsection (2)".
Section 181(5).
In section 211(2) the proviso.
In section 233, in subsection (2), the words from "but" to


[page 323]

ChapterShort titleExtent of repeal
7 & 8 Eliz. 2 c. 25 - cont.Highways Act 1959 - cont.the end and in subsection (5) the words "subject to the approval of the Minister".
Section 246(2).
Section 264(5).
Section 280(2), (3) and (4). Section 288.
In Schedule 24, paragraph
12(4).
9 & 10 Eliz. 2, c. 63.Highways (Miscellaneous Provisions) Act 1961.Section 16(4).
1966 c. 42.Local Government Act 1966.Section 29(3).
1968 c. 41.Countryside Act 1968.In section 29(4) the words "and the highway authority shall before refusing to make an order under subsection (2) of this section consult the Minister of Agriculture, Fisheries and Food".
1968 c. 73.Transport Act 1968.Section 120.
1971 c. 41.Highways Act 1971.Section 85.

PART VIII

REPEALS CONSEQUENTIAL ON SECTION 1(8) - ROAD TRAFFIC

ChapterShort titleExtent of repeal
1967 c. 76.Road Traffic Regulation Act 1967.Section 1(9).
In section 9(5) the words "made by the Greater London Council".
Section 17.
Section 26(5).
Section 84B(1)(g).
In section 84D, in subsection (2)(d), the words "section 26(5) or" and subsection (3).
Section 113(2).
1968 c. 41.Countryside Act 1968.Section 32(9).
1972 c. 70.Local Government Act 1972.In Schedule 19, paragraph 11.
1973 c. 65.Local Government (Scotland) Act 1973.In Schedule 14, paragraph 63.


[page 324]

PART IX

RATES

ChapterShort titleExtent of repeal
1967 c. 9.General Rate Act 1967.In section 4(2), the words "of seven days".
Section 5(1)(g).
In section 19(6), the definition of "house".
Section 20(5).
In section 30(1), the word "(2)".
Section 48(4).
Section 50(2).
In Schedule 1, in paragraph 1(2), the words "and no reduction shall be made under section 48 of this Act in respect of any rates so payable".
Schedule 2.
In Schedule 10, paragraph 2, in paragraph 5(c) the words from "(apart" to "this Act)" and in paragraph 6 the words "in accordance with paragraph 1(a) of this Schedule".
1969 c. 19.Decimal Currency Act 1969.In Schedule 2, paragraph 28(3).
1973 c. xxx.Greater London Council (General Powers) Act 1973.Section 26.
1974 c. 7.Local Government Act 1974.In Schedule 7, paragraph 4.
1975 c. 5.General Rate Act 1975.The whole Act.
1976 c. 15.Rating (Caravan Sites) Act 1976.In section 1(4) the words "in determining whether the hereditament is a mixed hereditament".

PART X

TOWN AND COUNTRY PLANNING

ChapterShort titleExtent of repeal
1971 c. 78.Town and Country Planning Act 1971.In section 6, in subsection (2), the words "and shall, if directed to do so by the Secretary of State," and in subsection (5), the words "and, for the Secretary of State to direct them to institute,".


[page 325]

ChapterShort titleExtent of repeal
1971 c. 78. - cont.Town and Country Planning Act 1971 - cont.In section 7, in subsection (2), the words "during such period as the Secretary of State may direct" and the words from "and" to the end, and subsection (5).
In section 10C(2), the words "Subject to regulations under this section,".
In section 11, in subsection (3)(b), the words "or as the Secretary of State may in any particular case direct", in subsection (5), the words "or as may in any particular case be specified in directions given by the Secretary of State;" subsection (6), and in subsection (10), the words "the preceding provisions of".
In section 12 subsection (1)(a), the words "to any relevant matter arising out of a survey carried out under section 6 or 11 of this Act and", in subsection (2), the words "and at such other places as may be prescribed" and in subsection (3), the words "containing such particulars, if any, as may be prescribed".
Section 50.
In section 55(2), the word "only" and in paragraph (a), the words "(in this Act referred to as "listed building consent")".
Section 56(2).
In section 60(5), paragraph (c) and in paragraph (d), the words "the Secretary of State or".
In section 61, in subsection (2)(b), the words from "or" to the end of the paragraph and subsection (3).
In section 277, subsections (3) and (5)(a) and (b).
In section 277A, subsection (3) and in subsection (4), the words "or to an individual building so specified".
Section 277B(3).
In Schedule 3, in paragraph 4, the word "58".


[page 326]

ChapterShort titleExtent of repeal
1971 c. 78 - cont.Town and Country Planning Act 1971 - cont.In Schedule 4, in paragraph 1, the words from "or" to the end, in paragraph 2, the words from "and" to the end, paragraph 6, in paragraph 11, in sub-paragraph (2)(b), the words ", or as the Secretary of State may direct", and in sub-paragraph (3), the words ", or as may in any particular case be specified in directions given by the Secretary of State", and in paragraph 12, in sub-paragraph (2), the words "and at such other places as may be prescribed" and in sub-paragraph (3), the word "such" and the words "if any, as may be prescribed".
In Schedule 11, paragraph 3, paragraph 12(1)(b) and the word "and" immediately preceding it and in paragraph 12(3), the words from "and the notice" to the end.
1972 c. 70.Local Government Act 1972.In Schedule 16, in paragraph 15(2), the words from "unless" to the end, in paragraph 25, in sub-paragraph (1), the words "Subject to sub-paragraph (2) below," and sub-paragraph (2), and paragraph 32(d).
In Schedule 17, paragraph 6(b).
1978 c. 50.Inner Urban Areas Act 1978.Section 12.

PART XI

COMMUNITY LAND

ChapterShort titleExtent of repeal
1961 c. 33.Land Compensation Act 1961.In Schedule 2, paragraph 2(1)(i) and the word "or" immediately preceding it.
1963 c. 51.Land Compensation (Scotland) Act 1963.In Schedule 2, paragraph 1(1)(g) and the word "or" immediately preceding it.
1971 c. 78.Town and Country Planning Act 1971.Section 34(1A).
1972 c. 52.Town and Country Planning (Scotland) Act 1972.In section 31 (2) the words "and with respect to resolutions and notifications under Schedule 8 to the Community Land Act 1975".
Section 31(2A).


[page 327]

ChapterShort titleExtent of repeal
1974 c. 7.Local Government Act 1974.In section 25(1)(aa) the words from "and" to the end.
1975 c. 24.House of Commons Disqualification Act 1975.In Part II of Schedule 1, the entry relating to a Financial Hardship Tribunal within the meaning of section 27(1) of the Community Land Act 1975.
1975 c. 30.Local Government (Scotland) Act 1975.Section 23(1)(aa).
1975 c. 77.Community Land Act 1975.The whole Act.
1976 c. 75.Development of Rural Wales Act 1976.In Schedule 7, paragraph 16.
1977 c. 42.Rent Act 1977.In Schedule 23, paragraph 71.

PART XII

LAND COMPENSATION

ChapterShort titleExtent of repeal
1973 c. 26.Land Compensation Act 1973.Section 14.
In section 19, in subsection (1) the definition of "claim period" and in subsection (3) the words from "but, if it does" onwards.
Section 32(8).
1973 c. 56.Land Compensation (Scotland) Act 1973.Section 12.
In section 17, in subsection (1) the definition of "claim period" and in subsection (3) the words from "but, if it does" onwards.
Section 29(8).

PART XIII

REPEALS CONSEQUENTIAL ON SECTION 118

ENGLAND AND WALES

ChapterShort titleExtent of repeal
9 & 10 Geo. 6, c. 49.Acquisition of Land (Authorisation Procedure) Act 1946.In Schedule 1, in paragraph 3(1), the words in head (b) from "except" to "case", head (c) and the proviso, and in paragraph 7A, the words "the confirming authority and to" and the words "or affixing of notices".
12, 13 & 14 Geo. 6, c. 97.National Parks and Access to the Countryside Act 1949.Section 77(4).


[page 328]

ChapterShort titleExtent of repeal
7 & 8 Eliz. 2, c. 53.Town and Country Planning Act 1959.In section 23(3), the words following paragraph (ii).
In section 26, subsection (3) and in subsection (5) the words following paragraph (ii).
Section 30(5).
1971 c. 78.Town and Country Planning Act 1971.Section 119(2).
In section 121(1) the words "open space".
Section 122(2)(a) and (3).
Section 123(2)(a) and (b), (3) to (6).
1972 c. 70.Local Government Act 1972.In section 122, in subsection (2), the words "open space" in paragraph (a) and the words following paragraph (b), and subsections (3), (5) and (6).
Section 123(3), (4) and (5).
Section 123A.
In section 126, in subsection. (4), the words "open space" in paragraph (a) and the words following paragraph, (b), and subsections (5) and (7).

SCOTLAND

1973 c. 65.Local Government (Scotland) Act 1973.Section 74A.

PART XIV

TOWN DEVELOPMENT

ChapterShort titleExtent of repeal
15 & 16 Geo. 6 & 1 Eliz. 2, c. 54.Town Development Act 1952.In section 4(1), the words "county or".
Section 7(c).
In the second paragraph of section 8(1), paragraph (c).
In section 10(3), the words "county or".
Section 11.
1972 c. 70.Local Government Act 1972.Section 185(2) and (3).
In Schedule 18, paragraph 1 and in paragraph 4 the words from "the", in the first place, where it occurs, to "and".


[page 329]

ChapterShort titleExtent of repeal
1964 c. 26.Licensing Act 1964.In section 112(1), in paragraph (a), sub-paragraph (ii) and the word "or" immediately preceding it and, in paragraph (b), sub-paragraph (ii) and the word "or" immediately preceding it.
In section 112(5) the words "or licensed premises".

PART XVI

MISCELLANEOUS

ChapterShort titleExtent of repeal
38 & 39 Vict, c. 55.Public Health Act 1875.Section 172.
15 & 16 Geo. 6. & 1 Eliz. 2, c. 31.Cremation Act 1952.In section 1, in subsection (1) the words from "unless" to "nor" and the words "to be in accordance with such plans" and subsections (2) and (3).
7 & 8 Eliz. 2, c. 25.Highways Act 1959.In section 127(c) the words "or a gipsy."
4 & 5 Eliz. 2, c. 52.Clean Air Act 1956.Section 23.
1963 c. 33.London Government Act 1963.Section 73(2).
In Schedule 2, in paragraph 28(1), the words "with the approval of the Treasury".
1966 c. 42.Local Government Act 1966.In section 9(3), the words "to a local authority".
In Schedule 5, paragraph 1.
1968 c. 52.Caravan Sites Act 1968.In section 6(2), the words from "and the Minister" to the end.
1970 c. 42.Local Authority Social Services Act 1970.Section 6(3) and (4).
In section 13, in subsection (1), the words "and regulations" in subsection (3), the words "or regulations under section 6(3) thereof", and in subsection (5), the words "or regulations".
In section 15(2), the word "(3)".


[page 330]

ChapterShort titleExtent of repeal
1972 c. 70.Local Government Act 1972.Section 144(3).
Section 174(3).
In section 190, in subsection (1) the words from "and for the words" to the end, and subsections (2) and (3).
1973 c. 37.Water Act 1973.In Schedule 3, paragraph 11(2).
1973 c. 65.Local Government (Scotland) Act 1973.Section 46(2).
1974 c. 7.Local Government Act 1974.Section 1(8).
In Schedule 1, paragraphs 1 to 5 and 10.
1976 c. 70.Land Drainage Act 1976.Section 65(8).
1978 c. 50.Inner Urban Areas Act 1978.Section 14.
1978 c. xiii.Greater London Council (General Powers) Act 1978.Section 8.