Local Government, Planning and Land Act 1980

Part IE+W+S Local Government—Relaxation of Controls

1 Relaxation of Ministerial control of authorities.E+W

(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 bylaws; 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, F1. . . 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.

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 loacl 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.

1 Relaxation of Ministerial control of authorities.S

(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 bylaws; 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, [F288and water 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.

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 loacl 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 IIE+W+S Publication of Information by Local Authorities

2 Duty of authorities to publish information.E+W+S

(1)The authorities to whom this section applies are—

(a)a county council;

[F4(aa)a county borough council;]

(b)a district council;

[F5(ba)a parish council;

(bb)a parish meeting of a parish which does not have a separate parish council;

(bc)a community council;]

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F7council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

[F8[F9(h)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;]]

[F10(ha)a National Park authority for a National Park in Wales;]

[F11(hb)a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;]

F12(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(ka)a joint authority established by Part IV of the M1Local Government Act 1985;]

F14(kaa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(kab)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(kac)a combined authority established under section 103 of that Act;]

[F16(kad)a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;]

[F17(kb)the London Fire Commissioner;]

F18(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19; and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value) F20....]

[F21(1A)This section also applies to an authority which—

(a)is not within subsection (1) above;

(b)is not within section 4(4) below; and

(c)is, or is treated as, a smaller authority for the purposes of section 5 of the Local Audit and Accountability Act 2014 (modification of that Act in relation to smaller authorities).]

(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.

F22(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 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—

F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(aa)its dispatch with, or inclusion in—

(i)a demand note for payment of rates issued under section 237(1) of the M2Local Government (Scotland) Act 1947; or

[F25(ii)a notice given by virtue of regulations made under paragraph 2 of Schedule 2 to the Local Government Finance Act 1992]]

[F26(b)its inclusion in a statement of accounts prepared by an authority to which this section applies in accordance with section 3 of the Local Audit and Accountability Act 2014 or regulations under section 39 of the Public Audit (Wales) Act 2004 or in an abstract of accounts prepared by such an authority in accordance with regulations under 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 office 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.

[F27(11)A code issued under this section applies to an authority within subsection (1A) above only in respect of information relating to a financial year during which the authority was within that subsection.

(12)A function under this section or section 3 below that is expressed to be exercisable by the Secretary of State is exercisable by the Secretary of State (and not the Welsh Ministers) in relation to a person or body that—

(a)is within subsection (1A), and

(b)exercises functions in relation to an area that is partly in England and partly in Wales.]

3 Supplementary provisions relating to codes of practice on publication of information.E+W+S

(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 necesary to make such regulations in order to ensure that authorities publish information of that description.

(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 from.

(3)Where the occasions specified in a code for the publication of any description of information recur not more ofter 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

(c)information about the determination of applications for planning permission under [F28the Town and Country Planning Act 1990] or [F29the Town and Country Planning (Scotland) Act 1997].

(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.

(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.

4 Power to direct bodies to publish information.E+W+S

(1)The relevant Minister may direct that a body or description of bodies specified in any of the paragraph 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—

(a)development corporations established under the M3[F30New Towns Act 1981] or the M4New Towns (Scotland) Act 1968;

F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32(c)water authorities;]

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

(e)Passenger Transport Executives . . . F33

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(g)district councils [F35or Welsh county councils or county borough councils] carrying on road passenger transport undertakings.

F36(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37(5A)In this section “the relevant Minister ” means, in relation to the National Rivers Authority, the Secretary of State or the Minister of Agriculture, Fisheries and Food]

(6)Subject to [F38[F39subsection](5A)] above, in this section “the relevant Minister " means the Secretary of State.

(7)A direction given to a F40. . .council under this section may only relate to its road passenger transport undertaking.

F41 Part IIIE+W+S Direct Labour Organisations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IVE+W+S Local Government Allowances

24 Right of councillor to opt for financial loss allowance. E+W

(1)In section 173 of the M5Local 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:—

“173A Right to opt for financial loss allowance.

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

(4)If a councillor who has not given the local authority a financial loss allowance ntoice 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 perofrmance 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 of 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.

25 Amendments relating to allowances to members of local authorities and other bodies.E+W+S

(1)In subsection (1) of section 174 of the M6Local 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 M7 Local Government (Scotland) Act 1973 (which makes similar provision for Scotland) after the word “travel" there shall be inserted the words “or subsistence".

F42(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The following subsections shall be inserted after section 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 177(1)(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)

F43(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.”.

26 Introduction of special responsibility allowances for members of local authorities.E+W+S

F44(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ”.

27 Vice-chairmen of councils in Scotland and application of Part IV to Scotland. E+W+S

(1)The following section shall be inserted after section 3 of the M8Local Government (Scotland) Act 1973:—

“3A Vice-chairman.

(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 the 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 VE+W+S Rates

ValuationE+W

F4628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

29 Ascertainment of rateable value of non-industrial buildings.E+W

(1)—(3)

F47(4)(5)F48

F4930. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Fish FarmsE+W+S

F5031. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

32 Rating exemption for fish farms in Scotland. S

After section 7 of the M9Valuation and Rating (Scotland) Act 1956 there shall be inserted—

“7A Provisions relating to lands and heritages used for fish farming and dwelling houses occupied in connection therewith.

(1)For the purposes 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 for or 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 the first day after the first day of April nineteen hundred and 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 suitabnle 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 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 Act as if it were lands and heritages in separate occupation.

(6)In subsection (5) above, any reference too a building or part of a building shall be construed as including a reference to land occupied together 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.

(8)In this section—

F5133—40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Unused and unoccupied propertyE+W+S

F5241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F5342—44.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F5445. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F5546. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

47 Commencement and extent of Part V.E+W

(1)—(3)

F56(4)The following provisions of this Act, namely—

(a)

F56(b)paragraphs 6(2) and (3) and 10 of Schedule 33 to this Act;

(c)

F57(d)

F56(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)

F57(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.

F58Part VIE+W Rate Support Grant

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIIE+W+S Miscellaneous Grants

Grants in respect of rate rebates for disabledE+W+S

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

(1)For the year beginning with 1st April 1979 and each subsequent year the Secretary of State shall pay out of money provided by Parliament to any authority granting rebates under the M10Rating (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. . . F59 section 4(7) of that Act. . . F59.

[F60(1A)Subject to subsection (1B) below, no grant shall be paid to any authority in respect of any rebates granted by that authority on or after 1st April 1995.

(1B)A grant shall be payable to any authority granting rebates under the said Act of 1978 in respect of non-domestic water and sewerage rates for the year beginning with 1st April 1995.]

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

[F60(2A)Subsections (1A) and (1B) above extend to Scotland only.]

F61(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants for caravan sitesE+W+S

[F6270 Grants in respect of caravan sites for gipsiesE+W+S

(1)This section applies to expenditure of a capital nature incurred by any local authority under section 24 of the M11Caravan Sites and Cintrol of Development Act 1960 (provision of caravan sites by local authorities) in respect of caravan sites provided for the accommodation of [F63gipsies]][F63persons to whom subsection (8A) of that section applies]

(2)The Secretary of State may, with the approval of the Treasury, make out 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 M12Caravan Sites and Control of Development Act 1960 [F64; and

• “gipsy” has the meaning assigned to it by the M13Caravan Sites Act 1968.]

Part VIIIE+W Capital Expenditure of Local Authorities Etc.

F6571—80B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F6681. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F6782—85.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Part IXE+W+S Town and Country Planning

Allocation of planning functionsE+W

F6886 Distribution of planning functions between planning authorities.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Planning feesE+W+S

F6987. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F7088. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F7189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F7290. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Compulsory acquisitionE+W

91 Amendments relating to compulsory acquisition.E+W

[F73(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(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 M14Town 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 1972S

92 Town and Country Planning – Scotland.S

F74(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)F75. . ., This Part of this Act does not extend to Scotland.

Part XE+W Land Held by Public Bodies

93 Public bodies to whom Part X applies.E+W

(1)This Part if this Act applies to any body for the time being specified in Schedule 16 to this Act.

[F76(1A)Sections 95 to 96A also apply to the Homes and Communities Agency so far as it is exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 [F77and to the Greater London Authority so far as it is exercising its new towns and urban development functions] (and references to a body to which this Part of this Act applies in those sections are to be read accordingly).]

(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 Schedule 16;

(b)by amending or delting 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.

94 Areas in which Part X is to operate.E+W

(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.

95 Registration of land holdings.E+W

(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 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 on operation or not so situated but adjoining other Crown land which is so situated.

(5)The information to beincluded in the register in relation to any land entered on it shall be as the Secretary of State thinks fit.

(6)In this section “Crown land” means land belonging to a goverment department or to a body who perform their functions on behalf of the Crown or held on trust for Her Majesty for the purposes of a government department; and in this subsection “government department” includes any Minister of the Crown.

96 Public access to information.E+W

(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 the 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 the 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.

[F7896A Information about entries.E+W

(1)Where land is entered on a register under section 95(3) above, the Secretary of State shall as soon as is reasonably practicable after entering the land send a copy of the information included in the register in relation to the land to any body to whom this Part of this Act applies, if it appears from the register that the body or a subsidiary of the body owns a freehold or leasehold interest in the land.

(2)Where land is entered on a register under section 95(3) above and the Secretary of State amends the information included in the register in relation the land, he shall soon as is reasonably practicable after amending the information send a copy of the amended information to any body to whom this Part of this Act applies, if it appears from the register that the body or a subsidiary of the body owns a freehold or leasehold interest in the land.

(3)The fact that the Secretary of State must send anything to a council under section 96 above does not displace any duty of his to send anything to the council under subsection (1) or (2) above.

(4)Subsection (5) below applies where a copy sent under subsection (1) or (2) above has been received by a body.

(5)If at any time the body becomes aware that any information in the only or the latest copy received by them is or has become inaccurate, they shall as soon as is reasonably practicable after becoming so aware inform the Secretary of State that theinformation is inaccurate and give him (so far as they are able) the corrected information.

(6)Subsection (5) above does not apply if, when the body becomes so aware, the land concerned is no longer entered on a register under section 95(3) above.]

[F7997 Secretary of State’s power to require information.E+W

(1)The Secretary of State may direct a body to whom this Part of this Act applies to inform him whether the body or a subsidiary of the bosy holds a freehold or leasehold interest in land which is specified or is of a description specified, in the direction.

(2)A body need only to comply with a direction under subsection (1) above as regards land which is situated in an area in relation to which this Part of this Act is in operation.

(3)Where a body to whom this Part of this Act applies or a subsidiary of such a body holds a freehold or leasehold interest in land situated in an area in relation to which this Part of this Act is in operation, the Secretary of State may direct the body to whom this Part of this Act applies to give him such information about the land as he may specify.]

98 Disposal of land at direction of Secretary of State.E+W

(1)The Secretary of State may direct a body to whom this Part of the is Act for the time being applies—

(a)to take steps for the disposal of the interest held by them in any land which [F80for the time being satisfies the conditions specified in section 95(2) 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 [F81for the time being satisfies those conditions] or any lesser interest in such land,

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 made.

[F82(2A)A direction under this section may include provision that no disposal of an interest to which the direction relates shall, while the direction remains unrevoked, be made in favour of a person or body who—

(a)is specified, or is of a description specified, in the direction, and

(b)is at the date the disposal is proposed to be made associated with the body to whom the direction is given.]

(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 to the grant of an interest in land.

(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.

[F83(6)In subsection (2A) above references to a disposal of interest include references to a contract to disposa of an interest, and references to making a disposal include references to entering into such a contract.

(7)For the purposes of subsection (2A) above a person is associated with a body if (but only if)—

(a)he is a member of the body or of a subsidiary of the body, or

(b)he is a nominee of the body or of a subsidiary of the body.

(8)For the purposes of subsection (2A) above a body is associated with another body if (but only if)—

(a)the other body, or a subsidiary of the other body, is a member of it,

(b)any of its members is also a member of the otherbody or of a subsidiary of the other body, or

(c)any of its members is a nominee of the other body or of a subsidiary of the other body

(9)Notwithstanding section 100(1) below, in subsections (7) and (8) above “subsidiary” has trhe same meaning as in [F84 section 1159 of the Companies Act 2006].]

99 Directions to dispose of land– supplementary.E+W

(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 ot its proposed contents.

(2)A body who receives 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;

[F85(aa)a county borough council;]

[F86(ab)a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;]

(b)a district council;

(c)

F87(d)a London borough council or the Common Council of the City of London;

[F88(da)

F89(db)a joint authority established by Part IV of the Local Government Act 1985;]

[F90(dbza)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(dbzb)a combined authority established under section 103 of that Act;]

[F91(dbzc)a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;]

F92(dba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F93(dbb)the London Fire Commissioner;]

[F94(dbc)a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;]

[F95(dc)a police and crime commissioner;

(dcc)the Mayor's Office for Policing and Crime;]

(dd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)F96... a development corporation established under the M15[F97New Towns Act 1981] 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 serious detriment to the performance of their functions or the carrying out 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 of the carrying on of their undertaking.

[F98(5A)The Secretary of State need not give notice under subsection (1) above as regards a further direction revoking a previous direction given under section 98 above;

(5B)The Secretary of State need not give notice under subsection (1) as regards a further direction varying a previous direction given under section 98 above if—

(a)the variation consists only of one which omits part of the land to which the previous direction relates, or

(b)the variation is stated in the further direction to consist only of one which is made to take account of a representation of the body to whom the previous direction was given.

(5C)The contents of a direction under section 98 above may differ from its proposed contents contained in a notice given under subsection (1) above if—

(a)the difference consists only of a variation which omits part of the land referred to in the proposed contents, or

(b)the difference is stated in the direction to consist only of a variation which is made to take account of a representation of the body to whom the notice was given;

and the words “as proposed" in subsection (3) above shall have effect accordingly.

(5D)The Secretary of State may by order made by statutory instrument substitute a period specified in the order for the period of 42 days specified in subsection (3) above or for such other period as is for the time being in specified in that subsection by virtue of an order under this subsection.

(5E)No order under subsection (5D) above may substitute a period as regards a notice given before the coming into force of the order.]

(6)In this section “the appropriate Minister”—

(a)in relation to any body whoo are statutory undertakers for the purposes of any provision of Part XI of [F99the Town and Country Planning Act 1990], 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 [F100subsection] 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 [F101(5D) or] (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F10299A Power of entry.E+W

(1)A person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of helping the Secretary of State to decide whether to give a direction under section 98 above in relation to the land.

F103(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person may not enter land under this section unless at least 21 clear days’ notice in writing of the intended entry hasbeen givem to every person who is an owner or occupier.

(4)In this section “owner”, in relation to any land, means a person, other than a mortagagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding, or entitled to the rents and profits of, the land under a lease or agreement.]

100 Interpretation and extent of Part X.E+W

(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

• “wholly-owned subsidiary” [F104as defined by] [F105section 1159 of the Companies Act 2006].

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

Part XIU.K. Community Land Act

101 Repeal.U.K.

(1)The M16Community 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 XIIE+W+N.I. The Land Authority for Wales

The AuthorityE+W

F106102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

FunctionsE+W

F107103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Acquisition of landE+W

F108104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F109105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

MiscellaneousE+W

F110106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F111107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F112108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F113109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F114110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

F115111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Part XIIIE+W+S Land Compensation

112 Claims for compensation for depreciation. E+W+S

(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 92) 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 he 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 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 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 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.

113 Claims for compensation for depreciation which are out of time on commencement date.E+W+S

(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

(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 M17Leasehold 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.

(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.

(10)For the purposes of the M18Limitation 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.

(11)Section 6 of the M19Prescription 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;

• “the Minister” means the Minister of Transport in relation to England and the Secretary of State in relation toScotland and Wales.

(13)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.

114 Claims for home loss payments. E+W+S

(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.

F116(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 haviing 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 the 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 the 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.

115 Interpretation of Part XIII.E+W+S

In this Part of this Act—

• “the Act of 1973” means the M20Land Compensation Act 1973;

• “the Scottish Act of 1973” means the M21Land 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 XIVU.K. Land—Miscellaneous

Development landE+W+S

116 Assessment of development land.E+W+S

(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 F117. . .) the councils of counties, districts and London boroughs F118

[F119(aa)(in the application of the section to Wales) the councils of counties and county boroughs;]

(b)(in the application of the section to Scotland) regional, general and district planning authorities.

F120117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Miscellaneous provisions about landU.K.

118 Land miscellaneous amendments. E+W+S

Schedule 23 to this Act (which contains miscellaneous amendments about land, including amendments to relax controls) shall have effect.

F121119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

120 Compulsory acquisition: exclusion of special parliamentary procedure. E+W+S

(1)The [F122Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947] 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 [F1236th April 1976 (or, in the application of this section to Scotland,] 1st September 1976), and

(b)the person acquiring the interest is a [F122regional, islands or district council], [F123the Peak Park Joint or Lake District Special Planning Board,] any statutory undertakers [F124, the Scottish Ministers] or a Minister,

subject to the modifications made by this section.

(2)Paragraph 9 of Schedule 1 to [F123the 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 [F123the National Trust or] the National Trust for Scotland.

(3)[F123In this section—

• “the Acquisition of Land Acts” means the M22Acquisition 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;

• “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 [F125council constituted under section 2 of the Local Government etc. (Scotland) Act 1994],

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 F126, F127 hydraulic power or water,

(b). . . F128, the Civil Aviation Authority, F129. . ., [F130a universal service provider (within the meaning of [F131Part 3 of the Postal Services Act 2011]) in connection with the provision of a universal postal service (within the meaning of [F132that Part])] and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for the purposes of [F123the M23Town and Country Planning Act 1971 or [F133the Town and Country Planning (Scotland) Act 1997], 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.

(5)This section (which re-enacts section 41 of the M24Community 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 [F123in section 2 of the New Towns Act 1965, or] in section 2 of the M25New Towns (Scotland) Act 1968) and a joint board established under section 2 of the M26Community 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 M27Local Government (Scotland) Act 1973.

121 Certification of appropriate alternative development.E+W+S

F134(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F135... section 25 of the M28Land Compensation (Scotland) Act 1963) (certification of appropriate alternative development) shall F135... 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.

122 Acquisition and disposal of land by the Crown.E+W+S

(1)Where, in exercise of the power conferred by section 2 of the M29Commissioners of Works Act 1852, F136. . . (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 [F137section] 2, F136. . ., 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 [F137section] 2, F138. . . 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.

(3)The said [F137section] 2, F138. . . 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 subesection 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 [F137section] 2, F138. . .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.

(8)This section (which re-enacts section 37 of the M30Community 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 sub-section (3) there were substituted:—

(3)The said [F137section]2, F138. . . 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.

123 Acquisition of land by the Crown in Northern Ireland.N.I.

(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.

(2)The said provisions are section 5(1) of the M31Stormont Regulation and Government Property Act (Northern Ireland) 1933 and Article 65 of the M32Land 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 (1) there were substituted:—

(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 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.

124 Town development functions.E+W

(1)Subject to subsections (2) and (3) below, the functions under the M33Town Development Act 1952 which the M34Local 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.

125 Extent of Part XIV.E+W

In this Part of this Act, only sections 116, 118, and 120 to 122 extend to Scotland.

Part XVE+W+S New Towns

Payments to Secretary of StateE+W+S

F139126—130.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

LicensingE+W+S

F140131 Off-licences: special provisions to cease.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140132 Power to end special licensing provisions.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

MiscellaneousE+W+S

133 Interpretation, amendments and extent.E+W+S

(1)In this Part of this Act—

• F141...

• F141...

• F142“the 1968 Act” means the M35New Towns (Scotland) Act 1968.

(2)The amendments to F143 the 1968 Act, the M36Land Compensation Act 1961 and the M37Land Compensation (Scotland) Act 1963 mentioned in Schedule 25 below shall have effect.

(3)

F144(4)This Part of this Act does not extend [F145to Scotland (apart from this section) or] to Northern Ireland.

Part XVIU.K. Urban Development

Urban development areasE+W+S

134 Urban development areas.E+W+S

(1)F146 . . . 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.

[F147(1A)Before making an order under subsection (1) in relation to land in England, the Secretary of State must consult the following persons—

(a)persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the proposed urban development area;

(b)persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the proposed urban development area;

(c)each local authority for an area which falls wholly or partly within the proposed urban development area; and

(d)any other person whom the Secretary of State considers it appropriate to consult.]

F148(2) . . . . . . . . . . . . . . .

(3)Separate parcels of land may be designated as one urban development area.

[F149(3A)The Secretary of State may by order alter the boundaries of any urban development area so as to exclude any area of land.

(3B)Before making an order under subsection (3A) above, the Secretary of State shall consult any local authority the whole or any part of whose area is included in the area of land to be excluded by the order.]

[F150(4)A statutory instrument containing an order made by the Secretary of State under subsection (1) does not have effect until approved by a resolution of each House of Parliament.

(4A)If a draft of an instrument containing an order by the Secretary of State under subsection (1) would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

(4B)An order made by the Welsh Ministers under subsection (1) (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) does not have effect until approved by a resolution of the National Assembly for Wales.

(4C)An order made by the Scottish Ministers under subsection (1) (by virtue of section 53 of the Scotland Act 1998) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).]

[F151(5)The power to make an order under subsection (3A) above—

(a)shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and

(b)shall include power to make such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks fit.]

Urban development corporationsE+W+S

135 Urban development corporations.U.K.

(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.

[F152(1A)Before making an order under this section in relation to an urban development area in England, the Secretary of State must consult the following persons—

(a)persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the urban development area;

(b)persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the urban development area;

(c)each local authority for an area which falls wholly or partly within the urban development area; and

(d)any other person whom the Secretary of State considers it appropriate to consult.]

(2)An order under this section may be made at the same time as an order under [F153section 134(1)] above.

[F154(3)A statutory instrument containing an order made by the Secretary of State under this section does not have effect until approved by a resolution of each House of Parliament.

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

(3B)An order made by the Welsh Ministers under this section (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) does not have effect until approved by a resolution of the National Assembly for Wales.

(3C)An order made by the Scottish Ministers under this section (by virtue of section 53 of the Scotland Act 1998) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).]

(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.

136 Objects and general powers.E+W+S

(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.

(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.

137 Exclusion of functions.E+W+S

(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 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.

(3)Nothing in subsection (2) above shall prejudice the operation of section 14 of the M38Interpretation Act 1978 (power to amend orders etc.).

138 Restrictions on powers.E+W+S

(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.

139 Allocation or transfer of functions.E+W+S

(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 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.

(3)Without prejudice to section 14 of the M39Interpretation 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.

140 Consultation with local authorities.E+W+S

(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.

LandE+W+S

141 Vesting by order in corporation.E+W+S

(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.

(4)An order under this section shall have the same effect as a declaration under [F155the M40Compulsory Purchase (Vesting Declarations) Act 1981] or, in Scotland, [F156section 195 of the Town and Country Planning (Scotland) Act 1997] (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.

(5)Compensation under the M41Land Compensation Act 1961 or, in Scotland, the M42Land 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.

F157(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F158(5B)No compensation is payable, by virtue of an order under this section, under Part V of the Land Compensation (Scotland) Act 1963]

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

[F159(6A)No order shall be made under this section in relation to a universal service provider (within the meaning of [F160Part 3 of the Postal Services Act 2011].]

(7)In this section—

• “subsidiary”, in relation to a public body, means a wholly-owned subsidiary of that body; and

• “wholly-owned subsidiary” [F161as defined by] [F162section 1159 of the Companies Act 2006]

142 Acquisition by corporation.E+W+S

(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 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.

[F163(2A)The 1981 Act shall apply F164... to the compulsory acquisition of land in pursuance of subsection (1) or (2) above.]

(3)[F165The 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 [F165the 1946 Act or (as the case may be)] 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 [F1661981 Act, and Schedule 3 to that Act shall apply to the compulsory purchase of a right by virtue of subsection (4) above]

(6)Subsection (5) above does not apply to Scotland.

(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 M43Land Compensation (Scotland) Act 1973 shall apply to any compulsory purchase order made by virtu eof that subsection.

143 Acquisition by local highway authority.E+W+S

(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

(b)for the purpose of providing 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.

[F167(3A)The M441981 Act shall apply F168... to the compulsory acquisition of land under this section]

(4)[F169The 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 [F169the 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

144 Vesting and acquisition: supplementary.E+W+S

(1)Schedule 28 below (land) shall have effect.

(2)Part I of the Schedule modifies F170... the 1947 Act as applied by section [F171142 and 143] 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.

145 Land compensation. E+W+S

(1)The following paragraph shall be inserted after paragraph 4 of Schedule 1 to the M45Land 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 M46Land Compensation (Scotland) Act 1963 (which makes similar provision for Scotland):—

(2)At the end of Part II of Schedule 1 to the Land Compensation Act 1961 there shall be added:—

“Part IIIE+W+S Special Provisions as to Urban Development Areas

10For 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 acccount; 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.

11Paragraph 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 vlaue to be left out of account by virtue of section 6 of this Act.”.

(3)In section 6 of the M47Land 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. ”.

(4)At the end of Part II of Schedule 1 to the M48Land Compensation (Scotland) Act 1963 there shall be added:—

“Part IIIE+W+S Special Provisions as to Urban Development Areas

6For 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.

7Paragraph 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.”.

(5)In section 13 of the M49Land 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. ”.

146 Disposal by corporation.E+W+S

(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 [F172alcohol] F173... 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.

(6)[F174In this section [F175“alcohol” has the meaning given by section 191 of the Licensing Act 2003] and “alcoholic liquor" has the meaning assigned by section 139 of the M50Licensing (Scotland) Act 1976.]

[F174In this section, “alcohol” has the meaning given by section 2 of the Licensing (Scotland) Act 2005 (asp 16).]