Local Government, Planning and Land Act 1980

Section 193.

SCHEDULE 33Minor and Consequential Amendments

Commissioners of Works Act 1894 (c. 23)

1(1)Section 1 of the Commissioners of Works Act 1894 shall continue to be amended as mentioned in this paragraph, notwithstanding the repeal by this Act of paragraph 2 of Schedule 10 to the [1975 c. 77.] Community Land Act 1975.

(2)For subsection (1) of section 1 of the said Act of 1894 (which applies the Lands Clauses Acts to acquisitions under the [1852 c. 28.] Commissioners of Works Act 1852), there shall in relation to England and Wales be substituted the following subsection—

“(1)For the purpose of the purchase of land by the Secretary of State under the Commissioners of Works Act 1852, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply.

In the said Part I as so applied the word " land" means (except where the context otherwise requires) any corporeal hereditament, including a building, and, in relation to the acquisition of land under the said Act of 1852, includes any interest in or right over land.”.

(3)For subsection (1) of section 1 of the said Act of 1894 there shall in relation to Scotland be substituted the following subsection—

“(1)For the purpose of the purchase of land by the Secretary of State under the Commissioners of Works Act 1852, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845), and sections 6 and 70 of the Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923) are hereby incorporated with the said Act of 1852, and, in construing those Acts for the purposes of the said Act of 1852, that Act shall be deemed to be the special Act and the Secretary of State shall be deemed to be the promoter of the undertaking or company, as the case may require.

In relation to the acquisition of land under the said Act of 1852, ' land ' includes any interest in or right over land.”.

(4)This paragraph shall have effect only in relation to agreements entered into after 12 December 1975.

Agricultural Land (Utilisation) Act 1931 (c. 41)

2The following subsection shall be added after section 12(1) of the Agricultural Land (Utilisation) Act 1931 (power of county councils to provide cottage holdings)—

“(1A)If the tenant of a cottage holding feels aggrieved by a prohibition such as is mentioned in the proviso to section 47(1) of the Small Holdings and Allotments Act 1908 (prohibition of improvements), he may appeal to the Minister of Agriculture, Fisheries and Food, who may confirm, vary or annul the prohibition, and the decision of the Minister shall be final.”.

Lands Tribunal Act 1949 (c. 42)

3(1)Section 3 of the Lands Tribunal Act 1949 shall continue to be amended as mentioned in this paragraph, notwithstanding the repeal by this Act of paragraph 3 of Schedule 10 to the [1975 c. 77.] Community Land Act 1975.

(2)In section 3 of the Lands Tribunal Act 1949 (rules regulating proceedings before the Land Tribunal) after subsection (6) there shall be inserted the following subsections—

“(6A)It is hereby declared that this section authorises the making of rules which allow the Tribunal to determine cases without an oral hearing.

(6B)The rules shall require that the determination without an oral hearing of any disputed claim for compensation which—

(a)is payable in respect of a compulsory acquisition of land, or

(b)depends directly or indirectly on the value of any land,

shall require the consent of the person making the claim.

(6C)Where the Tribunal determine a case without an oral hearing, subsection (3) of this section shall apply subject to such modifications as may be prescribed by the rules.”

(3)In sections 3(6)(b) of the [1949 c. 42.] Lands Tribunal Act 1949 (provision for the Tribunal to sit with assessors) for " sit with " there shall be substituted " be assisted by ".

Landlord and Tenant Act 1954 (c. 56)

4(1)In subsection (2) of section 37 of the Landlord and Tenant Act 1954 (compensation where order for new tenancy precluded on certain grounds) the words " the product of the appropriate multiplier and " shall be inserted after the word " be " in paragraphs (a) and (b).

(2)The following subsections shall be added after subsection (7) of that section: —

“(8)In subsection (2) of this section " the appropriate multiplier" means such multiplier as the Secretary of State may by order made by statutory instrument prescribe.

(9)A statutory instrument containing an order under subsection (8) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

Land Compensation Act 1961 (c. 33)

5(1)Sections 2(2), 15(5) and 19(3) of the [1961 c. 33.] Land Compensation Act 1961 shall continue to be amended as mentioned in this paragraph notwithstanding the repeal by this Act of paragraph 4(1) to (3) and (5) of Schedule 10 to the [1975 c. 77.] Community Land Act 1975.

(2)At the end of section 2(2) of the Land Compensation Act 1961 (tribunal to sit in public) there shall be added—

“Provided that this subsection shall not prevent the determination of cases without an oral hearing pursuant to rules under section 3 of the Lands Tribunal Act 1949”.

(3)In section 15(5) of the Land Compensation Act 1961 (assumptions as to planning permission) for the words " might reasonably have been expected to be" there shall be substituted the words " would have been " and after the word " thereof " there shall be inserted the words " if it were not proposed to be acquired by any authority possessing compulsory purchase powers ".

(4)In section 19(3) of the Land Compensation Act 1961 (extension of sections 17 and 18 to special cases) there shall be substituted for the words " paragraph (a) " the words " paragraphs (a) and (b)" and for the words " paragraph (b) " the words " paragraph (c)".

(5)Sub-paragraphs (3) and (4) above shall have effect only in relation to applications, or certificates issued in pursuance of applications made after 12 December 1975.

6(1)In Schedule 2 to the [1961 c. 33.] Land Compensation Act 1961 (acquisition of houses as being unfit for human habitation), at the end of paragraph 2(1) there shall be added “or

(j)an acquisition by the Land Authority for Wales under section 104 of the Local Government, Planning and Land Act 1980;

(k)an acquisition by means of an order under section 141 of that Act vesting land in an urban development corporation ;

(l)an acquisition by such a corporation under section 142 of that Act;”

(2)In paragraph 3(3), for the word "For" there shall be substituted the words " Subject to sub-paragraphs (3A) to (3C) below, for ".

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

“(3A)For the purposes of this paragraph the gross value of a dwelling whose rateable value is by virtue of subsection (1) of section 19 of the General Rate Act 1967 to be taken to be its net annual value ascertained in accordance with subsections (2) to (4) of that section is the corresponding gross value.

(3B)In sub-paragraph (3A) above " the corresponding gross value " means a gross value which would be equivalent to the net annual value of the dwelling as shown in the valuation list if there were deducted any amount that by virtue of an order made or falling to be treated as made under subsection (2) of section 19 of the General Rate Act 1967 would be deducted from the gross value of the dwelling if it had been required to be assessed to its gross value instead of its net annual value.

(3C)If more than one value is ascertained under subparagraph (3B) above to be the corresponding gross value of the dwelling, the highest value so ascertained shall be taken to be the corresponding gross value for the purposes of this paragraph.”.

Land Compensation (Scotland) Act 1963 (c. 51)

7(1)Sections 9(2), 23(5) and 27(5) of the Land Compensation (Scotland) Act 1963 shall continue to be amended as mentioned in this paragraph notwithstanding the repeal by this Act of paragraph 5(1) to (3) and (5) of Schedule 10 to the [1975 c. 77.] Community Land Act 1975.

(2)At the end of section 9(2) of the Land Compensation (Scotland) Act 1963 (tribunal to sit in public) there shall be added—

“Provided that this subsection shall not prevent the determination of cases without an oral hearing pursuant to rules under section 3 of the Lands Tribunal Act 1949”.

(3)In section 23(5) of the Land Compensation (Scotland) Act 1963 (assumptions as to planning permission) for the words " might reasonably have been expected to be " there shall be substituted the words " would have been " and after the word " thereof " there shall be inserted the words " if it were not proposed to be acquired by any authority possessing compulsory purchase powers ".

(4)In section 27(5) of the Land Compensation (Scotland) Act 1963 (extension of sections 25 and 26 to special cases) there shall be substituted for the words " section 25(3)(a) " the words " subsection (3)(a) and (6) of section 25 " and for the words " subsection (3)(6) the words " subsection (3)(c)".

(5)Sub-paragraphs (3) and (4) above shall have effect only in relation to applications, or certificates issued in pursuance of applications, made after 12 December 1975.

(6)In Schedule 2 to the Land Compensation (Scotland) Act 1963 (acquisition of houses as being unfit for human habitation) at the end of paragraph 1(1) there shall be added “or

(h)an acquisition by means of an order under section 141 of the Local Government, Planning and Land Act 1980 vesting land in an urban development corporation ; or

(i)an acquisition by such a corporation under section 142 of that Act.”.

Housing Act 1964 (c. 56)

8(1)In subsection (1) of section 78 of the Housing Act 1964 (periodical payment to dispossessed proprietor) for the words from " one half" to the end of the subsection there shall be substituted the words " the product of one half of the gross value for rating purposes of the house as shown in the valuation list on the date when the control order comes into force and the appropriate multiplier ".

(2)In subsection (5) of that section for the word " For " there shall be substituted the words " Subject to subsections (5A) to (5Q below, for ".

(3)The following subsections shall be inserted after that subsection—

“(5A)For the purposes of the references in this section to the gross value of the house, that gross value, in the case of a house whose rateable value is by virtue of subsection (1) of section 19 of the General Rate Act 1967 to be taken to be its net annual value ascertained in accordance with subsections (2) to (4) of that section, is the corresponding gross value.

(5B)In subsection (5A) above "the corresponding gross value " means a gross value which would be equivalent to the net annual value of the house as shown in the valuation list if there were deducted any amounts that by virtue of an order made or falling to be treated as made under section 19(2) of the General Rate Act 1967 would be deducted from the gross value of the house if it had been required to be assessed to its gross value instead of its net annual value.

(5C)If more than one value is ascertained under subsection (5B) above to be the corresponding gross value of the house, the highest value so ascertained shall be the corresponding gross value for the purposes of the references in this section to the gross value.

(5D)In subsection (1) of this section " the appropriate multiplier " means such multiplier as the Secretary of State may by order made by statutory instrument prescribe.

(5E)A statutory instrument containing an order under subsection (5D) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

General Rate Act 1967 (c. 9)

9Section 5(1)(g) of the General Rate Act 1967 (by virtue of which rules may provide for the inclusion in the demand note on which a rate is levied of information as to the amounts in the pound which are being levied for services administered by the rating authority and any precepting authority) shall cease to have effect.

10(1)In section 17B(2) of that Act (supplemental provisions as to liability to progressive surcharge in respect of unused office property) for the words from " (not being " to " section 19(2) of this Act" there shall be substituted the words " whose net annual value falls to be ascertained under section 19(3) of this Act and which consists of one or more non-industrial buildings, with or without a garden, yard, court, forecourt, outhouse or other appurtenance belonging thereto, but without other land (and for this purpose " non-industrial building" and " appurtenance" have the meanings assigned to them by section 19(6) of this Act)."

(2)In section 30(1) of that Act (county and voluntary school premises) for the words " gross value " wherever they occur, there shall be substituted the words " rateable value ".

(3)In section 68(4) of that Act (definition of " material change of circumstances" for purposes of new valuation lists) for the words " Schedule 11 to" there shall be substituted the words " section 19 of ".

11In section 80(4) of the [1967 c. 9.] General Rate Act 1967 for the words " section 35 of this Act" there shall be substituted the words " section 19 of the Local Government Act 1974 ".

Post Office Act 1969 (c. 48)

12(1)In paragraph 93(1) of Schedule 4 to the Post Office Act 1969 (by virtue of which the Post Office is deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of certain enactments including, by virtue of paragraph (xxxiii), enactments contained in the Town and Country Planning Act 1971) for the words " 225 ", in the second place where they occur, there shall be substituted the words " 255 ".

(2)The amendment made by subsection (1) above shall be deemed to have come into operation on 1st April 1972 (the date on which Part II of Schedule 23 to the [1971 c. 78.] Town and Country Planning Act 1971 (which inserted paragraph (xxxiii) in paragraph 93(1) of Schedule 4 to the Post Office Act 1969) came into operation).

Local Government Act 1972 (c. 70)

13(1)Paragraph 55 of Schedule 16 to the Local Government Act 1972 shall continue to be amended as mentioned in this paragraph, notwithstanding the repeal by this Act of paragraph 8(2) of Schedule 10 to the [1975 c. 77.] Community Land Act 1975.

(2)In the said paragraph 55 (which makes provision as to the exercise of functions under section 17 of the [1951 c. 33.] Land Compensation Act 1961 elsewhere than in Greater London) for the words "might reasonably have been expected to be granted ", in both places where they occur, there shall be substituted the words " would have been granted if the land in question were not proposed to be acquired by any authority possessing compulsory purchase powers."

This sub-paragraph shall have effect only in relation to applications made after 12 December 1975.

Housing Act 1980 (c. 51)

14In Schedule 5 to the Housing Act 1980 (application of [1954 c. 56.] Landlord and Tenant Act 1954 to assured tenancies) the following paragraph shall be inserted after paragraph 7: —

“7AThe power to prescribe a multiplier conferred by subsection (8) of that section includes power to prescribe a multiplier in relation to assured tenancies different from that prescribed in relation to other tenancies to which Part II of the Landlord and Tenant Act 1954 applies.”