Development of Rural Wales Act 1976

Section 27.

SCHEDULE 7E+W+S Amendments of Acts

M1Landlord and Tenant Act 1954E+W+S

1(1)The following section shall be inserted after section 60A of the Landlord and Tenant Act 1954—

“60B Development Board for Rural Wales premises.

“60B(1)Where the property comprised in the tenancy consists of premises of which the Development Board for Rural Wales is the landlord, and the Secretary of State certifies that it is necessary or expedient, for the purpose of providing employment appropriate to the needs of the area in which the premises is situated, that the use or occupation of the property should be changed, paragraphs (a) and (b) of section 58(1) above shall apply as they apply where such a certificate is given as is mentioned in that subsection.

(2)Where the court makes an order under Part II of this Act for the grant of a new tenancy of any such premises as aforesaid, and the Secretary of State certifies that it is necessary or expedient as aforesaid that the tenancy should be subject to a term, specified in the certificate, prohibiting or restricting the tenant from assigning the tenancy or sub-letting, charging or parting with possession of the premises or any part of the premises or changing the use of the premises or any part of the premises, the court shall determine that the terms of the tenancy shall include the terms specified in the certificate.”

(2)In section 59 of that Act (compensation for exercise of special powers in relation to tenancies)—

(a)in subsection (1), for the words “or, subject to subsection (1A) below, section 60A below" inserted by section 11(2) of the M2Welsh Development Agency Act 1975) there shall be substituted the words “or subject to subsections (1A) or (1B) below sections 60A or 60B below"; and

(b)after subsection (1A) there shall be inserted the following subsection—

“(1B)No compensation shall be recoverable under subsection (1) above where the certificate was given under section 60B below and either-

(a)the premises are premises which—

(i)were vested in the Welsh Development Agency by section 8 of the Welsh Development Agency Act 1975 or were acquired by the Agency when no tenancy subsisted in the premises ; and

(ii)vested in the Development Board for Rural Wales under section 24 of the Development of Rural Wales Act 1976; or

(b)the tenant was not the tenant of the premises when the Board acquired the interest by virtue of which the certificate was given.”

M3Licensing Act 1964E+W+S

2In section 115 of the Licensing Act 1964 (development corporation to provide services for, and pay expenses of, licensing committee for a new town or towns) there shall be added at the end the following subsection—

“(3)Subsections (1) and (2) above shall have effect, in a case where the Development Board for Rural Wales is responsible under the Development of Rural Wales Act 1976 for the development of the new town or (where a committee is constituted for two new towns) for the development of one or both of the new towns, in accordance with the following provisions, that is to say—

(a)where the committee is constituted for one new town for which the Board is responsible, subsection (1) above shall apply as if the Board were the development corporation for that town;

(b)where the committee is constituted for two new towns for both of which the Board is responsible, subsection (1) above shall apply (instead of subsections (2)) as if the two towns were one town and the Board were the development corporation for that town;

(c)where the committee is constituted for two new towns for one of which the Board is responsible, subsections (1) and (2) above shall apply as if the Board were the development corporation for that town.”

3In Schedule 10 to the M4Licensing Act 1964 (constitution of licensing committee for new town or towns), after paragraph 1(1) there shall be inserted the following sub-paragraph—

“(1A)Sub-paragraph (1) above shall have effect, in a case where the Development Board for Rural Wales is responsible under the Development of Rural Wales Act 1976 for the development of the new town or (where the committee is constituted for two new towns) for the edevlopment of one or both of the new towns, in accordance with the following provisions, that is to say—

(a)where the committee is constituted for one new town for which the Board is responsible, sub-paragraph (1)(b) above shall apply as if the Board were the development corporation for that town;

(b)where the committee is constituted for two new towns for both of which the Board is responsible, sub-paragraph (1)(b) above shall apply as if the two towns were one town and the Board were the development corporation for that town;

(c)where the committee is constituted for two new towns for one of which the Board is responsible, sub-paragraph (1)(b) above shall apply as if the Board were the development corporation for that town.”

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M5Leasehold Reform Act 1967E+W+S

5(1)The Leasehold Reform Act 1967 shall be amended in accordance with this paragraph.

(2)In section 28 (retention or resumption of land required for public purposes),in subsection (5) after paragraph (b) there shall be inserted the following paragraph—

“(bb)to the Devlopment Board of Rural Wales”.

(3)In section 29 (reservation of future right to develop), after subsection (6) there shall be inserted the following subsection—

“(6A)Subsections (1) to (4) above shall have effect in relation to the Development Board for Rural Wales as if any reference in those subsections or in Part I of Schedule 4 to this Act to a local authority were a reference to the Board.”

and in subsection (7), after the word “commission for the New Towns"there shall be inserted the words “Development Board for Rural Wales".

(4)In section 30 (reservation of right of pre-emption in new town or overspill areas), in subsection (7) there shall be added after the words “Commission for the New Towns" the words “to the DevelopmentBoard for Rural Wales".

(5)In Part II of Schedule 4 (reacquisition for development by New Towns Commission) there shall be added after paragraph 5 the following paragraph—

“6(1)Where a tenant of a house and premises acquire the freehold under Part I of this Act subject to a covenant entered into under section 29(1) with the Development Board for Rural Wales, and the property or any part of it is afterwards acquired for development for purposes (other than investment purposes) of the Board may be authorised by the Secretary of State to acquire the property or that of it compulsorily.

(2)The M6Acquisition of Land (Authorisation Procedure) Act 1946 and any other enactment relating to compulsory purchases to which the provisions of Schedule 1 to that Act apply shall have effect in relation to a compulsory purchase under this paragraph as if the paragraph were contained in an Act in force immediately before the commencement of that Act and as if the Board were a local authority.”

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M7Agriculture (Miscellaneous Provisions) Act1968E+W+S

7In section 13(2) (additional payments to farmers in consequence of compulsory acquisition), after the words “section 7 of the New Towns Act 1965" there shall be inserted the words “or section 4(1) of the Development of Rural Wales Act 1976".

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M8Land Compensation Act 1973E+W+S

10(1)Section 39 of the Land Compensation Act 1973 (duty to rehouse occupiers displaced by compulsory acquisition of land etc.) shall be amended in accordance with this paragraph.

(2)In subsection (4) (no such duty where money advanced for rehousing), after paragraph (e), there shall be inserted the following paragraph—

“(f)by the Development Board of Rural Wales”.

(3)At the end of subsection (8) ther shall be added the following paragraph—

“(d)if the authority by whom the land is acquired or redeveloped is the Development Board for Rural Wales, that Board shall, in a case falling within paragraph (a) or (c) of that subsection, be the relevant authority for the purposes of this section.”.

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