SCHEDULES
F1F1SCHEDULE 1
Appointment and tenure of members of the Agency and of committees
1
It shall be the duty of the Secretary of State—
a
to satisfy himself, before he appoints a person to be a member of the Agency, or gives his approval to the appointment of a person to be a member of a committee of the Agency, that he will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member; and
b
to satisfy himself from time to time with respect to each member that he has no such interest;
and a person who is a member of the Agency or of such a committee or whom the Secretary of State proposes to appoint as a member of the Agency or the Agency propose to appoint as a member of a committee shall, whenever required by the Secretary of State to do so, furnish the Secretary of State with such information as he may specify with a view to carrying out his duty under this paragraph.
2
Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or the chairman or deputy chairman of the Agency or as a member of a committee of the Agency in accordance with the terms of the instrument appointing him to that office.
3
A person may at any time resign his office as a member or the chairman or deputy chairman of the Agency by giving the Secretary of State a signed notice in writing stating that he resigns that office.
4
Where a member becomes or ceases to be the chairman or deputy chairman, the Secretary of State may vary the terms of the instrument appointing him a member of the Agency so as to alter the date on which he is to vacate office as a member.
5
If the chairman or deputy chairman ceases to be a member, he shall cease to be the chairman or deputy chairman, as the case may be.
6
1
If the Secretary of State is satisfied that a member of the Agency—
a
has been absent from meetings of the Agency for a period longer than three consecutive months without the permission of the Agency, or
b
has become bankrupt or made an arrangement with his creditors, or
c
is incapacitated by physical or mental illness, or
d
is otherwise unable or unfit to discharge the functions of a member,
the Secretary of State may declare his office as a member of the Agency vacant.
2
Without prejudice to the Secretary of State’s power to remove the chief executive from membership of the Agency under sub-paragraph (1) above, he may declare the office of chief executive vacant if he is satisfied that a condition mentioned in that sub-paragraph is fulfilled in relation to the chief executive.
3
The Secretary of State shall notify a declaration under sub-paragraph (1) or (2) above in such manner as he thinks fit; and thereupon the office to which it relates shall become vacant.
7
A person who ceases to be a member, or ceases to be chairman or deputy chairman, of the Agency, shall be eligible for re-appointment.
Staff
8
Subject to section 2(4) and (5) above, the staff of the Agency shall be appointed by the Agency, F114. . .
Remuneration etc.
9
The Agency shall pay to each of their members and to each member of their staff or of any of their committees such remuneration and such reasonable allowances in respect of expenses as the Secretary of State may determine F115. . ..
10
The Agency shall make such provision as may be determined by the Secretary of State F116. . .for the payment of pensions, allowances or gratuities (including refunds of contributions to any pension fund with or without interest or other additions) to or in respect of such members or past members of the Agency as may be so determined.
11
Where a person ceases to be a member of the Agency 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 that person to receive compensation, the Secretary of State F117. . ., may direct the Agency to make to that person a payment of such amount as the Secretary of State may determine F118. . ..
12
1
The Agency may, in the case of such of the persons employed by them as may be determined by the Secretary of State F119. . ., pay such pensions, allowances or gratuities to or in respect of them, make such payments towards the provision of such pensions, allowances or gratuities (including refunds of contributions to any pension fund with or without interest or other additions) or provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be determined by the Secretary of State F120. . ..
2
Where a person employed by the Agency and participating in a scheme for the payment of pensions, allowances or gratuities which is applicable to such persons becomes a member of the Agency, his service as a member may be treated for the purposes of the scheme as service as a person employed by the Agency, whether or not provision for or in respect of him is made under paragraph 10 above.
3
Except so far as the Agency are satisfied that adequate machinery exists for the purpose, it shall be the duty of the Agency to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the Agency and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for the settlement by negotiation of terms and conditions of employment of persons employed by the Agency, with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements.
Disqualification of members of the Agency for House of Commons
C113
In Part II of Schedule 1 to the M15 House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), there shall be inserted at the appropriate place in alphabetical order:— “
The Welsh Development Agency
”
.
Proceedings
14
Subject to paragraph 15 below and to any direction under section 1 above, the quorum of the Agency and of the Agency’s committees and the arrangements relating to meetings of the Agency and of such committees shall be such as the Agency may determine.
15
1
A member of the Agency or of any such committee who is in any way directly or indirectly interested in a contract made or proposed to be made by the Agency, or in any other matter whatsoever which falls to be considered by the Agency or by the committee in question, shall disclose the nature of his interest at a meeting of the Agency or the committee and the disclosure shall be recorded in the minutes of the meeting.
2
The member shall not—
a
in any case of any such contract, take part in any deliberation or decision with respect to the contract; and
b
in the case of any other matter, take part in any deliberation or decision with respect to the matter if the Agency or the committee decide that the interest in question might prejudicially affect the member’s consideration of the matter.
3
For the purposes of this paragraph, a notice given by a member at a meeting of the Agency or a committee to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered after that date, shall be a sufficient disclosure of his interest.
4
A member need not attend in person at a meeting of the Agency or a committee in order to make a 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 taken into consideration and read at such a meeting.
16
The validity of any proceedings of the Agency or a committee shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 15 above.
Incorporation of Agency and execution of instruments and contracts
17
The Agency shall be a body corporate.
18
The fixing of the common seal shall be authenticated by the signature of the chairman of the Agency or some other person authorised by the Agency to act for that purpose.
19
A document purporting to be duly executed under the seal of the Agency shall be received in evidence and shall be deemed to be so executed unless the contrary is proved.
F12119A
1
A certificate signed by the chief executive of the Agency that any document purporting to be made or issued by or on behalf of the Agency was so made or issued shall be conclusive evidence of that fact.
2
A document purporting to be such a certificate shall be received in evidence and be deemed to be such a certificate unless the contrary is proved.
F12219B
A person dealing with the Agency, or with a person claiming under the Agency, shall not be concerned to inquire—
a
whether any directions have been given to the Agency under this Act or whether any directions so given have been complied with; or
b
whether any approval, authority or consent of the Secretary of State or the Treasury required for any of the purposes of this Act has been given, or whether any condition or limitation subject to which any such approval, authority or consent was given has been complied with,
and, in favour of any such person, the validity of anything done by the Agency shall not be affected by anything contained in any such direction, approval, authority or consent or by reason that any such direction, approval, authority or consent has not been given.
Stamp duty
20
1
Stamp duty shall not be chargeable on any instrument which is certified to the Commissioners of Inland Revenue by the Agency as having been made or executed for the purpose of the transfer to the Agency of securities or other 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.
2
No such instrument as is mentioned in sub-paragraph (1) above shall be deemed to be duly stamped unless it is stamped with the duty for which it would but for this paragraph be liable or it has, in accordance with the provisions of section 12 of the M16Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.
Circulars
F12321
Section 21(1) of the Financial Services and Markets Act 2000 (restrictions on financial promotion) does not apply to any invitation or inducement to engage in an investment activity (within the meaning of section 21(8) of that Act) which the Agency communicate or cause to be communicated in discharge of their functions.F123
F2F2SCHEDULE 2
Sch. 2 omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 31 (with arts. 3(1), 8(2))
Transfer of Staff
1
In the case of any person to be employed by them on and after the coming into operation of section 7 above, who immediately before that date is employed by the Welsh Industrial Estates Corporation, the Agency shall ensure that—
a
so long as he continues in the employment of the Agency and until he is served with a statement in writing specifying new terms and conditions of employment, each such person enjoys terms and conditions of employment not less favourable, taken as a whole, than those which he enjoyed as a member of the Corporation’s staff immediately before joining the Agency’s staff; and
b
the said new terms and conditions are such that, so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before he joined the Agency’s staff, the terms and conditions of his employment, taken as a whole, are not less favourable than those which he then enjoyed.
Compensation for members or staff of the Corporation
2
The Secretary of State may, out of money provided by Parliament, pay to any person who was a member of the Corporation immediately before the coming into operation of section 7 above and who is not appointed a member of the Agency such sums by way of compensation for loss of office as he may, with the consent of the Minister for the Civil Service, determine.
3
The Secretary of State shall by regulations require the Agency to pay, in such cases and to such extent as may be determined by or under the regulations, compensation to or in respect of persons hitherto employed by the Corporation who suffer loss of employment or loss or diminution of emoluments or pension rights in consequence of the provisions of this Act.
4
Different regulations may be made under paragraph 3 above in relation to different classes of persons, and any such regulations may be so framed as to have effect as from a date prior to the making thereof, so, however, that so much of any regulations as provides that any provision therein is to have effect as from a date earlier than the making thereof shall not place any person other than the Agency in a worse position that he would have been in if the regulations had been made to have effect only as from the date of the making thereof.
5
Regulations under paragraph 3 above—
a
may prescribe the procedure to be followed in making claims for compensation, and the manner in which and the person by whom the question whether any or what compensation is payable is to be determined, and
b
may apply, with or without modifications, the provisions of any other rules or regulations relating to similar matters.
6
The power to make regulations conferred by paragraph 3 above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Continuity of employment
7
For the purposes of—
F125the Employment Rights Act 1996, there shall be deemed to have been no break in the employment of any person who is transferred to the employment of the Agency by virtue of paragraph 1 of this Schedule.
Consequential repeals
C28
In section 10(1) of the M17 Local Employment Act 1972 the words “and the Welsh Industrial Estates Corporation” and the words “and Wales respectively” are repealed.
SCHEDULE 3F19Borrowing and guaranteesF19
Sch. 3: words in heading substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 32(5) (with art. 3(1))
F5...
Sch. 3 para. 1 cross-heading omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 32(1) (with art. 3(1))
1
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Borrowing Powers
F63
For the purpose of exercising its functions under this Act, the Assembly may borrow money from any person (including its wholly owned subsidiaries), but any borrowing in a currency other than sterling requires the approval of the Treasury.F6
F8...
Sch. 3 para. 4 cross-heading omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 32(1) (with art. 3(1))
4
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Borrowing by wholly owned subsidiaries
F95
It is the duty of the Assembly to secure that none of its wholly owned subsidiaries formed in pursuance of the exercise of the Assembly's functions under this Act borrows money otherwise than from the Assembly or from another wholly owned subsidiary of the Assembly, except with the Assembly's consent.F9
Guarantees
6
1
The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of F10the payment of interest on and the discharge of any other financial obligation in connection with any sums which the F11AssemblyF11F12borrows in connection with its functions under this ActF12.
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 F11AssemblyF11 shall make to the Treasury, at such time and in such manner as the Treasury 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 rate 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.
F14...
Sch. 3 para. 7 cross-heading omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 32(1) (with art. 3(1))
7
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16...
Sch. 3 para. 8 cross-heading omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 32(1) (with art. 3(1))
8
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18...
Sch. 3 para. 9 cross-heading omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 32(1) (with art. 3(1))
9
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F113SCHEDULE 4 Acquisition of land
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4
F30Part I Compulsory acquisition
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F21F201
1
The Acquisition of Land Act 1981 (referred to in this Schedule as “the 1981 Act”) applies in relation to the compulsory acquisition of land under section 21A above subject to the modifications made by the following provisions of this Part.
2
Notwithstanding section 2 of the 1981 Act—
a
Schedule 1 to the 1981 Act applies only in relation to a compulsory acquisition of land under section 21A(1)(b) or (2)(b) above; and
b
Part 2 of the 1981 Act applies in relation to a compulsory acquisition of land made under section 21A(1)(c) or (2)(c) above as if the Assembly were an acquiring authority and the Secretary of State were the confirming authority for the purposes of that Part.F21
F311A
1
Where a compulsory purchase order is prepared in draft by the Assembly under section 21A(1)(b) or (2)(b) above—
a
a notice under paragraph 3 of Schedule 1 to the 1981 Act (notice to owners, lessees and occupiers) shall be served on every relevant local authority;
b
each relevant local authority has a right to object in accordance with the notice; and
c
the references in paragraphs 4 and 4A of Schedule 1 to that Act to relevant objections include references to an objection made by any relevant local authority.
F222
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F243
1
Where a compulsory purchase order is made by the F25AssemblyF25F26under section 21A(1)(c) or (2)(c) aboveF26 —
a
b
each relevant local authority shall have a right to object in accordance with the notice; and
2
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F323A
For the purposes of paragraphs 1A and 3 above, each of the following is a relevant local authority —
a
the council of any county, county borough or district in whose area the land, or any part of the land, is situated;
b
any joint planning board in whose district the land, or any part of the land, is situated; F128...
c
any National Park authority which is the local planning authority for a National Park in which the land, or any part of the land, is situated F127; and
d
any strategic planning panel in whose strategic planning area the land, or any part of the land, is situated.
F34Part IIAcquisition by agreement
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F334
The provisions of Part I of the M1Compulsory Purchase Act 1965 (so far as applicable), other than section 31, apply in relation to the acquisition of land by agreement under section 21A above; and in Part I of that Act as so applied “land” has the meaning given by Schedule 1 to the M2Interpretation Act 1978.
F74 Part III“Cleansing”Provisions
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F37Extinguishment of rights over land compulsorily acquired
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F355
1
On the completion by the F36AssemblyF36 of a compulsory acquisition of land under section 21A above, all—
a
private rights of way; and
b
rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land,
2
Sub-paragraph (1) above does not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking.
3
Sub-paragraph (1) above has effect in relation to any right or apparatus not falling within sub-paragraph (2) above subject—
a
4
5
Any compensation payable under this paragraph shall be determined in accordance with the M3Land Compensation Act 1961.
F129...
Sch. 4 para. 6 and crossheading omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 1(2); S.I. 2016/733, reg. 3(m)
F1296
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44Use and development of consecrated land and burial grounds
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F387
1
Any consecrated land (whether or not including a building) which has been acquired by the F39AssemblyF39 under section 21A above may be used by any person in any manner in accordance with planning permission in spite of 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) which was—
b
at the time of acquisition included a church or other building used or formerly used for religious worship or the site of such a building,
shall be subject to compliance with the requirements of regulations made F40... 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.
F413A
Regulations for the purposes of this paragraph are to be made by—
a
the Assembly, in relation to land in Wales; and
b
the Secretary of State, in relation to land in England.
F414
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 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 of such a building, remains on the land.
5
Any regulations made for the purposes of this paragraph—
a
shall contain such provisions as appear to the F42the Assembly orF42 Secretary of State to be required for securing that any use of land which is subject to compliance with the regulations is, as nearly as may be, subject to the same 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 such requirements relating to the disposal of any such land as is mentioned in sub-paragraphs (3) and (4) above as appear to the F42the Assembly orF42 Secretary of State necessary for securing that the provisions of those sub-paragraphs are complied with in relation to the use of the land; and
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 in spite of—
a
anything in any enactment relating to burial grounds; or
b
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 relation to 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 on 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;
b
for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and 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; and
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 F43the Assembly, in relation to land in Wales, or by the Secretary of State, in relation to land in England,F43 with respect to the removal and re-interment of any human remains.
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 M4Burial 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
Nothing in this paragraph authorises any act or omission on the part of any person which is actionable at the suit of any person on any ground other than contravention of any such obligation, restriction or enactment as is mentioned in sub-paragraph (1) or (6) above.
11
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.
F47Use and development of land for open spaces
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F458
1
Any land which—
a
is, or forms part of, a common, an open space or a fuel or field garden allotment; and
may be used by any person in any manner in accordance with planning permission in spite of anything in any enactment relating to land of that kind or in any enactment by which the land is specially regulated.
2
Sub-paragraph (1) does not authorise any act or omission on the part of any person which is actionable at the suit of any person on any ground other than contravention of any such enactment as is mentioned in that sub-paragraph.
F50Paragraphs 6 to 8: supplementary
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F489
In construing the M5Compulsory Purchase Act 1965 in relation to section 21A above—
F131a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in relation to any erection, construction or carrying out of building or work so authorised, references in section 10 of that Act to the acquiring authority shall be construed as references to the persons by whom the building or work in question is erected, constructed or carried out.
F4910
1
Nothing in paragraph 7 or 8 above authorises any act or omission on the part of any authority or body corporate in contravention of any limitation imposed by law on their capacity by virtue of their constitution.
2
Any power conferred by paragraph 7 or 8 above to use land in a manner mentioned in that paragraph shall be construed as a power to use the land, whether or not it involves the erection, construction or carrying out of any building or work or the maintenance of any building or work.
F56Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F5111
1
This paragraph applies where any land has been acquired by the F52AssemblyF52 under section 21A 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.
2
The F53AssemblyF53, if satisfied that the extinguishment of the right or the removal of the apparatus is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice—
a
stating that, at the end of the period of 28 days beginning with the day of service of the notice or such longer period as may be specified in it, the right will be extinguished; or
b
requiring that the apparatus be removed before the end of that period.
3
The statutory undertakers on whom a notice is served under sub-paragraph (2) above may, before the end of the period of 28 days beginning with the day on which the notice was served, serve a counter-notice on the F53AssemblyF53—
a
stating that they object to all or any provisions of the notice; and
b
specifying the grounds of their objection.
4
Where no counter-notice is served under sub-paragraph (3) above—
a
any right to which the notice relates shall be extinguished at the end of the period specified in the notice; and
F544A
If a counter-notice is served under sub-paragraph (3) above in relation to rights over, or apparatus on, land in Wales, the Assembly may either—
a
withdraw the notice (but without prejudice to the service of a further notice); or
b
invite the appropriate Minister to make an order jointly with the Assembly under this sub-paragraph embodying the provisions of the notice with or without modification.
F545
If a counter-notice is served under sub-paragraph (3) above F55in relation to rights over, or apparatus on, land in EnglandF55, the F53AssemblyF53 may either—
a
withdraw the notice (but without prejudice to the service of a further notice); or
b
apply to the Secretary of State and the appropriate Minister for an order under this sub-paragraph embodying the provisions of the notice with or without modification.
6
Where by virtue of this paragraph—
a
any right vested in or belonging to statutory undertakers is extinguished; or
b
any requirement is imposed on statutory undertakers,
7
Sections 280 and 282 of the M6Town and Country Planning Act 1990 (measure of compensation for statutory undertakers) apply to compensation under sub-paragraph (6) above as they apply to compensation under section 279(2) of that Act.
F65Orders under paragraph 11
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F5712
1
Before making an order under sub-paragraph F58(4A) or F58(5) of paragraph 11 above, the F59appropriate Minister and the Assembly, or the Ministers proposing to make the order, as the case may beF59 proposing to make the order—
a
shall afford to the statutory undertakers on whom a notice was served under sub-paragraph (2) of that paragraph an opportunity of objecting to the application for the order; and
F60b
if any objection is made, shall consider the objection and afford to—
i
the statutory undertakers and the Assembly, in the case of an order under sub-paragraph (4A) of paragraph 11 above, or
ii
the statutory undertakers, in the case of an order under sub-paragraph (5) of paragraph 11 above,
an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Assembly and the appropriate Minister, or the Secretary of State and the appropriate Minister, as the case may be.
F602
3
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
F72Notice for same purposes as paragraph 11 but given by statutory undertakers to F73AssemblyF73
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
Sch. 4 para. 13 cross-heading: words in Act substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), {Sch. 1 para. 1, 2} (with art. 3(1))
F6613
1
This paragraph applies where any land has been acquired by the F67AssemblyF67 under section 21A 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 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.
2
3
Where, after the land has been acquired as mentioned in sub-paragraph (1) above, development of the land begins to be carried out, no notice under sub-paragraph (2) above may be served after the end of the period of 21 days beginning with the day on which the development commenced.
4
Where a notice is served under sub-paragraph (2) above, the F67AssemblyF67 may, before the end of the period of 28 days beginning with the day on which the notice was served, serve a counter-notice on the statutory undertakers—
a
stating that they object to all or any of the provisions of the notice; and
b
specifying the grounds of their objection.
5
Where no counter-notice is served under sub-paragraph (4) above, the statutory undertakers shall, after the end of that period of 28 days, have the rights claimed in their notice.
6
If a counter-notice is served under sub-paragraph (4) above, the statutory undertakers who served the notice under this paragraph may either—
a
withdraw it; or
F68b
in relation to apparatus—
i
in, on, over or under land in Wales requiring removal or re-siting, apply to the Assembly and the appropriate Minister for an order under this sub-paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Assembly and the appropriate Minister think it appropriate to confer on them; and
ii
in, on, over or under land in England requiring removal or re-siting, apply to the Secretary of State and the appropriate Minister for an order under this sub-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 appropriate to confer on them.
F687
Where, by virtue of this paragraph or F69an order made under it by the Assembly and the appropriate Minister, or by the Ministers, as the case may be,F69 statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the F67AssemblyF67 for the works to be carried out by the F67AssemblyF67, under the superintendence of the undertakers, instead of by the undertakers themselves.
8
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 F70an order made under it by the Assembly and the appropriate Minister, or by the Ministers, as the case may be,F70 the undertakers shall be entitled to compensation from the F67AssemblyF67.
F718A
References in this paragraph to the Assembly and the appropriate Minister are, if the appropriate Minister is the Assembly, to be construed as references to the Assembly alone.
F719
Sections 280 and 282 of the M7Town and Country Planning Act 1990 (measure of compensation for statutory undertakers) apply to compensation under sub-paragraph (8) above as they apply to compensation under section 279(4) of that Act.
F112Part IVOther provisions
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F83Rights of entry
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F7514
F1301
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
3
Any power conferred by this paragraph to survey land includes power to search and bore for the purpose of ascertaining—
a
the nature of the subsoil; or
b
the presence of minerals or contaminants in it.
F7715
1
A person authorised under paragraph 14 above to enter any land—
a
shall, if so required by the occupier or anyone acting on his behalf, produce evidence of his authority; and
b
shall not, if the land is occupied, demand admission as of right to it unless 24 hours’ notice of the intended entry has been given to the occupier.
2
Any person who intentionally obstructs a person acting in the exercise of a power conferred by paragraph 14 above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
4
Except in so far as may be otherwise provided by regulations made by the F80AssemblyF80 under this sub-paragraph, any question of disputed compensation under sub-paragraph (3) above shall be referred to and determined by the F81Upper TribunalF81; and the provisions of F82sectionF82 4 of the M8Land Compensation Act 1961 apply to the determination of any question under this sub-paragraph, subject to any necessary modifications and to the provisions of any regulations under this sub-paragraph.
5
Where under paragraph 14 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)(b) above; 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 of the works would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out without the authority of the appropriate Minister.
6
A person who enters land in the exercise of a power of entry conferred by paragraph 14 above—
a
shall take reasonable care to avoid damage or injury to plant, machinery, equipment, livestock, crops or enclosures; and
b
on leaving the land, shall secure it as effectively against unauthorised entry as he found it.
7
If any person who is admitted into a factory, workshop or workplace in the exercise of a power of entry conferred by paragraph 14 above discloses to any person any information obtained by him there 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.
8
A person guilty of an offence under sub-paragraph (7) above is liable—
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine, or to both.
F87Displacement of legislation preventing possession
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F8416
F89Register of land holdings
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
17
F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99Information
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F9018
1
Where, with a view to performing any function of the F91AssemblyF91F92under this ActF92 relating to land, the F91AssemblyF91 considers that F93itF93 ought to have information connected with that or any other land, the F91AssemblyF91 may serve on one or more of—
a
the occupier of the land;
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.
2
The notice shall require the recipient to furnish to the F91AssemblyF91, within a period specified in it (which shall not be less than 14 days beginning with the day on which the notice is served)—
a
the nature of his interest in the land; and
b
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, a person mentioned in sub-paragraph (1)(b) or (c) above.
3
A person who—
a
refuses, or fails without reasonable excuse, to comply with the requirements of a notice served on him under 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 level 4 on the standard scale.
F9419
1
The council of every county and county borough in Wales, every joint planning board for a district in Wales F126, every National Park authority for a National Park in Wales and every strategic planning panel shall supply the F95Assembly—
a
b
with such certificates supporting the information as the F96Assembly may in the regulations specify.
2
If a local planning authority in Wales receives an application for planning permission, the authority shall as soon as practicable after receipt send a copy of the application to the F95Assembly.
3
4
Sub-paragraphs (2) and (3) above shall not apply if and so far as the F95Assembly directs.
F102Regulations as to form of documents
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F101F10020
1
The Assembly may make regulations for prescribing the form of any document required or authorised by or under this Schedule which relates to land in Wales.
2
The Secretary of State may make regulations for prescribing the form of any document required or authorised by or under this Schedule which relates to land in England.F101
F106Local inquiries
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F10321
F109Crown land
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F10722
1
2
In this paragraph—
a
“private interest” means an interest which is not a Crown interest or a Duchy interest;
b
“Crown land” means land in which there is a Crown interest or a Duchy interest;
c
“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;
d
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall; and
e
“appropriate authority” in relation to Crown land shall be determined in accordance with section 293(2) of the M14Town and Country Planning Act 1990.
F111Offences by corporations
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F11023
1
Where an offence under this Schedule 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
a director, manager, secretary or other similar officer of the body corporate; or
b
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 paragraph 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.
Sch. 1 omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 30 (with art. 3(1))