SCHEDULES

Section 1(1).

SCHEDULE 1Provisions to Which Section 1(1) Refers

Prevention of Damage by Pests Act 1949 (c.55)

1Section 2 (power to direct keeping of records etc.).

2Section 12 (directions).

Rag Flock and Other Filling Materials Act 1951 (c. 63)

3Section 6 (appeals).

4Section 7 (appeals).

5Section 15 (regulations about fees for tests).

Food and Drugs Act 1955 (4 & 5 Eliz. 2) (c.16)

6Section 99 (requirement to transmit copy of public analyst's report to Minister).

7Section 109 (institution of proceedings).

Agriculture Act 1970 (c.40)

8Section 67 (reports).

9Section 80 (institution of prosecutions).

Local Government Act 1972 (c.70)

10Section 138 (emergencies and disasters).

Slaughterhouses Act 1974 (c.3)

11Section 2 (regulations).

12Section 12(1) (requirement to make byelaws).

13Section 16(1)(a) (requirement to make byelaws).

Section 1(2).

SCHEDULE 2Relaxation of Controls Over Functions Relating to Clean Air and Pollution

Clean Air Act 1956 (c.52)

1The following provisions, namely—

(a)section 4 (regulations about density meters);

(b)section 6(3), (reference to Secretary of State of applications for approval of plant for arresting grit and dust),

shall cease to have effect.

2In section 11 (smoke control), except in its application—

(a)to orders made but not confirmed before the passing of this Act; and

(b)to orders made after the passing of this Act which revoke or vary orders made before its passing,

the following words—

(i)in subsection (1), " confirmed by the Minister " ;

(ii)in subsection (5), " and confirmed ", in both places where they occur;

(iii)in subsection (6), " confirmation and ",

shall cease to have effect; and accordingly, in sections 12(1) and 15(1), except in their applications to such orders, the words " making of an order" shall be substituted for the words " confirmation of an order made ".

3(1)In section 31(6), (application of [1936 c. 49.] Public Health Act 1936 &c.) the words from " or ", in the second place where it occurs, to the end shall cease to have effect.

(2)Sub-paragraph (1) above shall not apply to Scotland.

4Section 35(4) (power to repeal local statutory provisions) shall cease to have effect.

5The following Schedule shall be substituted for Schedule 1 (smoke control orders) except in relation—

(a)to orders made but not confirmed before the passing of this Act; and

(b)to orders made after the passing of this Act which revoke or vary orders made before its passing: —

“SCHEDULE 1Coming Into Operation of Orders of Local Authorities Under Section Eleven

1Before making an order under section 11 of this Act the local authority shall publish in the; London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate a notice—

(a)stating that the local authority propose to make the order, and its general effect;

(b)specifying a place in the district of the local authority where a copy of the order and of any map or plan referred to in it may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the last publication of the notice ; and

(c)stating that within the said period any person who will be affected by the order may by notice in writing to the local authority object to the making of the order.

2Besides publishing such a notice, the local authority shall post, and keep posted throughout the said period, copies of the notice in such number of conspicuous places within the area to which the order will relate as appear to them necessary for the purpose of bringing the proposal to make the order to the notice of persons who will be affected.

3If an objection is duly made to the local authority within the said period, and is not withdrawn, the local authority shall not make the order without first considering the objection.

4Subject to paragraphs 5 and 6 below, an order shall come into operation on such date not less than six months after it is made as may be specified in it.

5An order varying a previous order so as to exempt specified buildings or classes of building or specified fireplaces or classes of fireplace from the operation of section 11 of this Act may come into operation on, or at any time after, the date on which it is made.

6If, before the date on which the order is to come into operation, the local authority—

(a)pass a resolution postponing its coming into operation ; and

(b)publish a notice stating the effect of the resolution in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate,

the order shall, unless its coming into operation is again postponed under this paragraph, come into operation on the date specified in the resolution.

7In the application of this Schedule to Scotland, for any reference to the London Gazette there shall be substituted a reference to the Edinburgh Gazette.”.

Clean Air Act 1968 (c.62)

6In the Clean air Act 1968—

(a)in section 3(5) (fittings for new furnaces) for the words " (3) to " there shall be substituted the words " (4) and " ; and

(b)the following provisions, namely

(i)section 4(3) (exemptions);

(ii)section 6(3) (applications for approval of height of chimneys) and

(iii)section 14(3) (repeal of local Acts),

shall cease to have effect.

Control of Pollution Act 1974 (c.40)

7In section 2—

(a)in subsection (2) (waste disposal plans; power to modify required contents by regulations) omit the words from " but provision may be made by regulations " to the end;

(b)in subsection (3)(a) (duty to consult) in paragraph (vi) omit " and such other persons as are prescribed ";

(c)omit subsection (7) (power of Secretary of State to give authority direction as to the time by which it is to perform duty).

8In section 5—

(a)in subsection (1) (application for disposal licence to be made in writing and include prescribed information) omit " and include such information as is prescribed ";

(b)in subsection (2) (disposal licences and planning) omit the words from " but provision may be made by regulations " to the end;

(c)in subsection (4)(a) (disposal authority to refer proposal to certain persons) omit "and to any other prescribed person; and

(d)in subsection (5)(a) (which makes similar provision in relation to Scotland) omit “and

(iii)any other prescribed person ; ".”.

9(1)The following provisions (which relate to procedural matters connected with waste disposal) shall cease to have effect, namely—

(a)in section 6(1), the words "as to the conditions which are or are not to be specified in a disposal licence, and " ; and

(b)in section l1(3)(c) and (4)(a) the words "and to any other prescribed person".

(2)in section 6(4)(a), for " prescribed particulars" substitute " copies "

(3)In section 11(10) for "particulars" substitute " copies ".

10(1)The following subsections shall be substituted for subsection (1) of section 13 (dustbins etc.): —

“(1)Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice.

(1A)A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £100.”

(2)In subsection (3) of that section—

(a)for the words "the kind or number of the receptacles required by" there shall be substituted the words " any requirement specified in " ; and

(b)in paragraph (c), for the words "the kind or number of receptacles" there shall be substituted the words " any requirement ".

(3)The following subsections shall be substituted for subsection (5):

“(5)If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by a notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice.

(5A)A person who fails to comply with any requirement specified in a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £100.”.

(4)In subsection (6), for the words "the kind or number of receptacles " there shall be substituted the words " any requirement ".

(5)The following subsections shall be substituted for subsection (7):—

“(7)A notice under subsection (1) or (5) of this section may make provision with respect to—

(a)the size, construction and maintenance of receptacles for controlled waste;

(b)the placing of the receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose ;

(c)the placing of the receptacles for that purpose on high ways ;

(d)the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and

(e)the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises.

(7A)A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on a highway unless—

(a)the relevant highway authority have given their consent to their being so placed ; and

(b)arrangements have been made as to the liability for any damage arising out of their being so placed.”

11(1)In section 23 (prohibition of parking to facilitate street cleaning) for subsection (2), substitute—

“(2)Such a notice must specify the relevant area, the relevant day and the hours in question; and a copy of the notice must—

(a)be served on the occupier of any premises adjoining the relevant area; and

(b)be conspicuously displayed at places in the relevant area.

(2A)The effect of the giving of such a notice and of the service and display of copies of it as required by subsection (2) of this section shall be to suspend during the hours of the relevant day specified in the notice the operation of any provision which is contained in an order under the Road Traffic Regulation Act 1967 or a local enactment and which authorises, designates or regulates the use of a street parking place in the relevant area.

(2B)The authority giving the notice shall cover up traffic signs and parking meters in the relevant area during the hours of the relevant day specified in the notice, but without prejudice to the effect of the notice.”.

(2)Omit section 23(3).

(3)For subsection (5) substitute: —

“(5)If, either before or during the hours on the relevant day which are specified in a notice given by an authority as mentioned in subsection (1) of this section, the authority displays notices in the relevant area stating that the prohibition on parking is not to come into force or is to cease to be in force, the effect of the notices under this subsection shall be to prevent the prohibition coming into force or, as the case may be, to terminate it.”.

(4)After subsection (6) insert: —

“(6A)No authority shall issue a notice under this section whose effect would be to suspend the operation of provisions of an order not made by the highway authority without first consulting the authority who made the order.”.

(5)After subsection (8) insert: —

“(9)In this section " parking meter", " street parking place" and "traffic sign" have the meanings respectively assigned to them by sections 36(2)(a), 104(1) and 54 of the Road Traffic Regulation Act 1967.”.

12In section 27(1)(6) (interference with receptacles for waste) for " regulations made by virtue of section 13(7)" substitute " a notice under section 13(1) or (5) ".

13In section 28(1), (supplementary provisions relating to pipes), omit " in the prescribed form ".

14In section 63 (designation of noise abatement zones), except in its application to orders made but not confirmed before the passing of this Act, omit the following words—

(a)in subsection (1), " confirmed by the Secretary of State " ;

(b)in subsection (3), "and confirmed ", in both places where they occur; and

(c)in subsection (4), " confirmation and ".

15Omit section 73(2)(a) (determination by Secretary of State of questions as to local authority area).

16In section 79(5), (disclosure of trade secrets) omit " or with the consent of the Secretary of State ".

17In section 90(2)(6), (interest on sums payable to water or other authorities) for the words from " the rate ", in the first place where they occur, to the end substitute " such reasonable rate or rates as the authority may determine "

18For Schedule 1 substitute—

“SCHEDULE 1Noise Abatement Zones

1Before making a noise abatement order the local authority—

(a)shall serve on every owner, lessee and occupier (other than tenants for a month or any period less than a month) of any of the premises within the area and of a class to which the order will relate ; and

(b)shall publish in the London Gazette and once at least in each of two successive weeks in some newspaper circulating in the area to which the order will relate,

a notice complying with the requirements set out in the following paragraph.

2The requirements referred to in the preceding paragraph are that the notice—

(a)shall state that the local authority propose to make the order, and its general effect;

(b)shall specify a place in the area of the local authority where a copy of the order and of any map or plan referred to in it may be inspected by any person free of charge at all reasonable times during a period of not less than six weeks from the date of the last publication of the notice; and

(c)shall state that within the said period any person who will be affected by the order may by notice in writing to the local authority object to the making of the order.

3(1)If an objection is duly made to the local authority within the said period, and is not withdrawn, the local authority shall not make the order without first considering the objection.

(2)The local authority may make the order without complying with sub-paragraph (1) of this paragraph if they are satisfied that compliance is unnecessary having regard—

(a)to the nature of the premises to which the order will relate when it comes into force ; or

(b)to the nature of the interests of the persons who have made objections which have not been withdrawn.

(3)Where the order varies or revokes a previous order, the local authority may, in acting under this paragraph disregard any objection to the order which in their opinion amounts in substance to an objection which was made to the previous order.

4(1)Subject to paragraph 5 below, an order shall come into operation on such date after it is made as may be specified in it.

(2)Except in the case of an order revoking an existing order or varying an existing order by excluding from it any specified class of premises, the date specified under sub-paragraph (1) above shall not be a date earlier than one month from the date on which the order is made.

5If, before the date on which the order is to come into operation, the local authority—

(a)passes a resolution postponing the coming into operation of the order; and

(b)publishes a notice stating the effect of the resolution in the London Gazette and once at least in each of two successive weeks in a newspaper circulating in the area to which the order relates,

the order shall, unless there is a further postponement under paragraph (a) above, come into operation on the date specified in the resolution.”.

Section 1(3).

SCHEDULE 3Relaxation of Controls Over Functions Relating to Amenity Etc.

Commons Act 1876 (c.56)

1Omit section 8 (suburban commons procedure).

Commons Act 1899 (c.30)

2(1)In section 2 (procedure for making schemes)—

(a)in subsection (1), omit the second sentence;

(b)in subsection (2), for " Board of Agriculture "substitute " council ";

(c)in subsection (3), for " Board of Agriculture " and " Board " substitute " council ";

(d)in subsection (4), for " Board of Agriculture" and for " Board", in both places where it occurs, substitute " Council ".

(2)Accordingly, for section 11 substitute—

“11All expenses of and incidental to the preparation and execution of a scheme under this Part of this Act shall be paid by the district council.”

3In section 12 (contributions towards expenses) omit the words " and subject to the approval of the Local Government Board ".

National Parks and Access to the Countryside Act 1949 (c.97)

4Omit section 37 (power of Minister to expedite maps etc.).

5In section 61(3), omit paragraph (b) of the proviso (directions as to application of enactments).

6Omit section 62(4) (reviews of access requirements) and accordingly—

(a)in subsection (2), for the words from " forward " to the end substitute " publish a notice containing a statement of their opinion " ; and

(b)in subsection (3), for " Minister " substitute " authority ".

7For section 69 substitute—

“69Suspension of public access to avoid exceptional risk of fire.

If, upon application made to the county planning authority by any person interested in land comprised in an access agreement or order, or by any other person appearing to that authority to have a sufficient interest in the matter, the authority are satisfied that, by reason of any exceptional conditions of weather for the time being prevailing, access by the public to the land or any part of it is likely to result in fires occurring on it, the authority may direct that subsection (1) of section 60 of this Act shall not have effect in relation to the land during such period as may be specified in the direction.”.

8Omit section 79 (access to woodlands).

9In section 80(3), (variation of access agreements) omit " made with the approval of the Minister ".

Caravan Sites and Control of Development Act 1960 (c.62)

10(1)In section 3(2) (issue of site licences by local authorities) for the words from "particulars" to the end substitute " other information as they may reasonably require. ".

(2)In subsections (4) and (5), for "particulars prescribed under " substitute " information required by virtue of ".

London Government Act 1963 (c.33)

11For section 58(1) (parks and open spaces) substitute—

“(1)The Open Spaces Act 1906, except section 14, shall have effect as if the London borough councils and the Greater London Council were included among the local authorities to whom it applies.”

Countryside Act 1968 (c.41)

12Omit section 17 (access orders: agricultural land).

Caravan Sites Act 1968 (c.52)

13For section 9 substitute—

“9Power of Secretary of State to direct local authorities to provide sites.

The Secretary of State may, if at any time it appears to him to be necessary so to do, give directions to any local authority to which subsection (1) of section 6 of this Act applies requiring them to provide, pursuant to that section, such sites or additional sites, for the accommodation of such numbers of caravans, as may be specified in the directions; and any such directions shall be enforceable, on the application of the Secretary of State, by mandamus.”.

Refuse Disposal (Amenity) Act 1978 (c.3)

14In section 3(2) (which empowers a local authority to give notice in the prescribed manner that they propose to remove an abandoned motor vehicle but provides that they shall not be entitled to remove it if the person to whom the notice is given objects to their proposal in the prescribed manner and within the prescribed period) omit " in the prescribed manner " and " in the prescribed manner and ".

15Omit section 4(4) (under which the Secretary of State may by regulations require a local authority by whom a vehicle is disposed of to give such information relating to the disposal as may be prescribed to such person as may be prescribed).

16In section 6(2) (under which a local authority are not entitled to exercise their power to remove refuse other than motor vehicles which is situated on land appearing to the authority to be occupied by any person unless they have given him notice in the prescribed manner that they propose to remove it and he has failed to object to the proposal in the prescribed manner and within the prescribed period) omit " in the prescribed manner " and " in the prescribed manner and ".

Section 1(4).

SCHEDULE 4Relaxation of Controls Over Functions Relating to Weights and Measures and Trade

Shops Act 1950 (c.28)

1(1)In section 8(1) (closing orders) omit the words " and confirmed by the Secretary of State in manner provided by this Act ".

(2)In section 9 (procedure for making closing orders) omit—

(a)in subsection (2), the words from " and the order " to the end, and

(b)subsection (3).

(3)Omit section 10 (local inquiries for purpose of promoting and facilitating early closing).

(4)For section 11, substitute—

“11Revocation of closing orders.

A local authority may at any time revoke a closing order either absolutely or, if it is made to appear to the satisfaction of the authority that the occupiers of a majority of any class of shop to which the order applies are opposed to the continuance of the order, so far as it affects that class of shop, but any such revocation shall be without prejudice to the making of any new closing order.”.

Weights and Measures Act 1963 (c.31)

2In section 5(1) (working standards and testing and stamping equipment) for the words "the Board may from time to time approve or require as being " there shall be substituted the word " are ".

3In section 5(1A), omit " with the approval of the Secretary of State ".

4For section 5(2) substitute—

“(2)If a local weights and measures authority are of opinion—

(a)that any particular description of testing equipment is proper and sufficient for the efficient discharge of the functions of the inspectors appointed for the authority's area; but

(b)that, having regard to the expenditure involved and the frequency with which such equipment is likely to be used by those inspectors,

it would not be reasonable to provide and maintain such equipment, the authority may request the Secretary of State to provide, maintain and make such equipment available for hire to the authority.

(2A)The terms of hire of equipment under subsection (2) above shall be such as the Secretary of State may determine.”

5In section 11(3), (fees for testing equipment), for "the prescribed fee" substitute " such reasonable fees as the local weights and measures authority may determine. "

6Omit section 39(3), (4) and (5) (default powers)

7In section 41(2), (notice of appointment as inspector of weights and measures or of a person ceasing to hold that office to be given to the Secretary of State) omit the words from " and notice " to the end.

8In section 43(1), (which provides for the payment of fees where inspectors perform additional functions) for " fees in connection therewith as may be prescribed " substitute " reasonable fees as they may determine in connection with it ".

9For section 47A substitute—

“47AFees for performance of community obligations.

A local weights and measures authority may charge such reasonable fees as they may determine for services or facilities provided by them or by the inspectors, appointed for their area, or for authorisations, certificates or other documents issued by the authority or by such inspectors, in pursuance of a Community obligation.”.

Trade Descriptions Act 1968 (c. 29)Consumer Credit Act 1974 (c. 39)Estate Agents Act 1979 (c. 38)

10The following provisions (all of which confer default powers), namely—

(a)in the Trade Descriptions Act 1968, section 26(3) and (4);

(b)in the Consumer Credit Act 1974, section 161(4), (5) and (6) ; and

(c)in the Estate Agents Act 1979, section 26(5), (6), (7) and (8),

shall cease to have effect.

Weights and Measures Act 1979 (c. 45)

11(1)In section 1(8)(a) of the Weights and Measures Act 1979 (regulations) the words from " and for the payment" to the end shall cease to have effect

(2)The following subsection shall be added after the said section 1(8): —

“(9)Where regulations made by virtue of subsection (8)(a) of this section provide for inspection, testing and certification of equipment, a local weights and measures authority may charge such reasonable fees as they may determine for the inspection, testing and certification of the equipment.”.

12In section 4 of that Act, in subsection (3) (application of administrative provisions of Weights and Measures Act 1963)—

(a)substitute " references " for " reference ", in the first place where it occurs ; and

(b)omit—

(i)the words from " to the investigation of a complaint " to " are not being properly discharged " ;

(ii)the words " in sections 38(1)" ; and

(iii)the words " 39(3) the references ".

Section 1(5).

SCHEDULE 5Allotments

Small Holdings and Allotments Act 1908 (c.36)

1Omit—

(a)in section 28(3) (rules to be confirmed), the words from" Rules under this section " the end ;

(b)in section 32(2) (approval of application of money), the words " and which is approved by. the Local Government Board" ;

(c)in the proviso to section 47(1) (appeal against prohibition relating to allotment), the words from " but, if the tenant feels aggrieved " to the end ;

(d)in section 49(2) (power to make grants or advances or give guarantees with consent), the words "with the consent of, and subject to regulations made by, the Local Government Board ".

2Omit section 54 (accounts and application of receipts) and section 59 (annual report to Parliament).

Land Settlement {Facilities) Act 1919 (c.59)

3In section 22(1) (consent to and conditions of appropriation of land) omit the words from " with the consent " to " may impose ".

Allotments Act 1922 (c.51)

4Omit section 20 (default powers).

Allotments Act 1925 (c.61)

5Omit section 13 (records of land acquired under the Allotments Acts).

Section 1(6).

SCHEDULE 6Relaxation of Controls Over Charges and Rates of Interest Etc

Town Police Clauses Act 1847 (c. 89)

1In section 46 of the Town Police Clauses Act 1847 (drivers of hackney carriages not to act without first obtaining a licence) for the words from " and a fee" to " paid" there shall be substituted the words " and such fee as the commissioners may determine shall be paid ".

Theatrical Employers Registration Act 1925 (c. 50)

2In section 1 of the Theatrical Employers Registration Act 1925 (registration of theatrical employers) for the words " the prescribed fee " there shall be substituted the words " such reasonable fee as the authority may determine ".

3In section 3 (fee for registration) for the words from " such fee " to " prescribed " there shall be substituted the words " such reasonable fee as the authority may determine ".

Public Health Act 1936 (c. 49)

4In section 291(3) (rates of interest on charges for works)—

(a)after the word " such" there shall be inserted the word " reasonable " ; and

(b)the proviso shall cease to have effect.

Coast Protection Act 1949 (c. 74)

5In section 10(2) of the Coast Protection Act 1949 (regulations as to rates of interest) for the words from " rate " to the end there shall be substituted the words " reasonable rate as may be determined by the authority ".

Rag Flock and Other Filling Materials Act 1951 (c. 63)

6In the following provisions of the Rag Flock and Other Filling Materials Act 1951, namely—

(a)section 2(1) (which requires the payment of a fee of £2 for the registration of premises for the purposes of the Act);

(b)section 6(1) (which requires the payment of a fee of that amount for the grant or renewal of a licence authorising a person to manufacture rag flock on any premises);

(c)section 7(1) (which requires the payment of a fee of that amount for the grant or renewal of a licence authorising a person to store rag flock on premises for use on premises registered under the Act). for the words " £2 " there shall be substituted the words " such reasonable amount as the authority may determine ".

Housing Act 1957 (c. 56)

7In section 10 (rates of interest)—

(a)the words " at such reasonable rate as the authority may determine " shall be inserted—

(i)in subsection (3), after the word " interest", and

(ii)in subsection (5), after the word " interest" in the first place where it occurs ; and

(b)subsection (6) shall cease to have effect.

Housing Act 1961 (c. 65)

8In section 18(3) of the Housing Act 1961 (which relates to expenses incurred by local authorities in carrying out certain works) after the word "interest " there shall be inserted the words " at such reasonable rate as the authority may determine ".

Housing Act 1964 (c. 56)

9In section 80(3) of the Housing Act 1964 (which relates to expenses incurred by local authorities in carrying out certain works), for the words "the rate, or highest rate, for the time being fixed under section 10(6) of the Act of 1957 " there shall be substituted the words " such reasonable rate as the local authority may determine ".

Public Libraries and Museums Act 1964 (c.75)

10In section 8(2) of the Public Libraries and Museums Act 1964 (charges for services) the words " not exceeding such amount as may be specified in that behalf by the Secretary of State " shall cease to have effect.

Theatres Act 1968 (c. 54)

11In paragraph 3 of Schedule 1 to the Theatres Act 1968 (fees for licences) for the words " fee as may be prescribed by the Secretary of State by order made by statutory instrument" there shall be substituted the words " reasonable fee as the authority may determine ".

Mines and Quarries (Tips) Act 1969 (c. 10)

12In section 23(5) of the Mines and Quarries (Tips) Act 1969 (expenses) for the words "rate as may be specified by order made by the Minister " there shall be substituted the words " reasonable rate as the authority may determine ".

Poisons Act 1972 (c. 66)

13(1)In section 5(3) of the Poisons Act 1972 for the words " the prescribed fees" there shall be substituted the words " any fees determined by the authority under section 6(2) below ".

(2)In section 6(2) of that Act for the words "fees as may be prescribed " there shall be substituted the words " reasonable fees as the authority may determine ".

Greater London Council (General Powers) Act 1972 (c. xl)

14In section 19(6)(a) of the Greater London Council (General Powers) Act 1972 (by virtue of which a London borough council may recover expenses in respect of the restoration of gas and electricity services, together with interest) after the word " thereon " there shall be inserted the words " at such reasonable rate as the borough council may determine ".

Breeding of Dogs Act 1973 (c. 60)

15(1)In section 1(2) of the Breeding of Dogs Act 1973 for the words " sum as the Secretary of State may by order " there shall be substituted the words " reasonable sum as the authority may ".

(2)Sub-paragraph (1) above does not extend to Scotland.

Local Government (Scotland) Act 1973 (c. 65)

16In section 121(1) omit the words " section 10(2) of the Coast Protection Act 1949 " and " section 23(5) of the Mines and Quarries (Tips) Act 1969 ".

Housing Act 1974 (c. 44)

17In subsections (2) and (3) of section 76 of the Housing Act 1974 (which provide for the payment of interest where certain grants fall to be repaid for breach of condition) for the words "the appropriate rate", in each place where they occur, there shall be substituted the words " such reasonable rate as the local authority may determine ".

18In section 81(2)(b) of that Act (which provides for the payment of interest where any instalment of a grant falls to be repaid on the applicant ceasing to have the required interest in the relevant land) for the words from "the rate" to the end of the subsection there shall be substituted the words " such reasonable rate as the local authority may determine ".

19In section 82(6) of that Act (which provides for the payment of interest where an instalment of a grant is paid before completion of works and the works are not completed within the appropriate time) for the words from " the rate " to the end of the subsection there shall be substituted the words " such reasonable rate as the local authority may determine ".

20The following paragraph shall be substituted for section 94(3)(6) of that Act (which provides for the payment of interest on the recovery of expenses incurred by a local authority on default under an improvement notice): —

“(b)at such reasonable rate as the local authority may determine.”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

21In the following provisions of the Local Government (Miscellaneous Provisions) Act 1976, namely—

(a)section 24(6) (expenses in relation to dangerous trees); and

(b)section 33(3) (expenses in relation to the restoration or continuation of a supply of water, gas or electricity),

for the words " the rate fixed by section 171(2) of the Loval Government Act 1972 ", in both places where they occur, there shall be substituted the words " such reasonable rate as the council may determine ".

Section 1(7), (8).

SCHEDULE 7

PART IHighways

Relaxation of Ministerial controls over the provision of ferries

1(1)So much of section 53 of the [1949 c. 97.] National Parks and Access to the Countryside Act 1949 (ferries for purposes of long-distance routes)—

(a)as makes the exercise of a highway authority's powers subject to the approval of any Minister ; or

(b)as confers upon any Minister any power to give a local highway authority directions,

shall cease to have effect.

(2)The following subsection shall be substituted for section 26(3) of the [1959 c. 25.] Highways Act 1959 (provision and maintenance of new road-ferries): —

“(3)The Minister or a local highway authority may provide and maintain new road-ferries.”

Relaxation of Ministerial controls in respect of footpaths and bridleways

2(1)The following subsection shall be substituted for section 29(3) of the Highways Act 1959 (which gives the Secretary of State power to direct a local authority to make an order for the creation of a footpath or bridleway): —

“(3)Where it appears to the Secretary of State in a particular case that there is need for a footpath or bridleway as mentioned in subsection (1) of the last foregoing section, and he is satisfied as mentioned in that subsection, he may, after consultation with each body which is a local authority for the purposes of section 28 of this Act in relation to the land concerned, make a public path creation order creating the footpath or bridleway.”

(2)In section 30 of that Act (which relates to the making up of new footpaths and bridleways)—

(a)subsections (2) and (3) (which relate to the settlement by the Secretary of State of disputes as to works for that purpose) shall cease to have effect; and

(b)in subsection (4) (which relates to the carrying out of such works and the recovery of expenses incurred in carrying them out), for the words from the beginning to " thereof ", in the first place where it occurs, there shall be substituted the words " It shall be the duty of the highway authority to carry out any works specified in a certificate under subsection (1) of this section ".

(3)The following subsections shall be substituted for subsection (5) of that section (which contains further provisions relating to public path creation orders): —

“(5)Where the Secretary of State makes a public path creation order under subsection (3) of the last foregoing section, he may direct that subsection (5A) of this section shall apply.

(5A)Where the Secretary of State gives such a direction—

(a)the local authority who, on the coming into force of the order, became the highway authority for the path or way in question shall survey the path or way and shall certify what work (if any) appears to them to be necessary to bring it into a fit condition for use by the public as a footpath or bridleway, as the case may be, and shall furnish the Secretary of State with a copy of the certificate;

(b)if the Secretary of State is not satisfied with a certificate made under the foregoing paragraph, he shall either cause a local inquiry to be held or shall give to the local authority an opportunity of being heard by a person appointed by him for the purpose and, after considering the report of the person appointed to hold the inquiry or the person so appointed as aforesaid, shall make such order either confirming or varying the certificate as he may think fit; and

(c)subject to the provisions of the last foregoing paragraphs, it shall be the duty of the highway authority to carry out the work specified in a certificate made by them under paragraph (a) of this subsection.”

(4)In section 112 of that Act (public path extinguishment and diversion orders)—

(a)for the words in subsection (5) following paragraph (b) (which give the Secretary of State power to direct local authorities to make and submit to him a public path extinguishment order or a public path diversion order) there shall be substituted the words " he may himself make the order after consultation with the appropriate authority " ; and

(b)the following subsection shall be substituted for subsection (7):—

“(7)Where under subsection (5) of this section the Secretary of State decides to make a public path diversion order, he may require the owner, lessee or occupier on whose representations he is acting to enter into an agreement with such council as he may specify for the owner, lessee or occupier to defray, or to make such contribution as may be specified in the agreement towards, any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 111(4) of this Act.”

(5)In section 126 of that Act (authorisation of erection of stiles etc. in footpath or bridleway) subsection (2) which gives the Secretary of State power to determine certain disputes about such authorisations) shall cease to have effect.

(6)In section 29(4) of the [1968 c. 41.] Countryside Act 1968 (by virtue of which a highway authority are required to consult the Minister of Agriculture, Fisheries and Food before refusing to make an order under that section relating to the making good of the surface of a footpath or bridleway after it has been ploughed up) the words "and the highway authority shall before refusing to make an order under subsection (2) of this section consult the Minister of Agriculture, Fisheries and Food" shall cease to have effect.

Abolition of Ministerial powers in respect of certain expenses

3(1)In section 181(1) of the [1959 c. 25.] Highways Act 1959 (under which a street works authority may recover from the owner of premises in respect of which any sum is due for expenses of street works the whole or any portion of that sum together with interest) after the word " interest" there shall be inserted the words " at such reasonable rates as the authority may determine. "

(2)The proviso to section 211(2) of that Act (by virtue of which an order may fix the maximum amount to be charged under a charging order in respect of expenditure on street works) shall cease to have effect.

(3)In section 264 of that Act (recovery of expenses)—

(a)in subsection (1), after the word "interest", in the first place where it occurs, there shall be inserted the words " at such reasonable rate as the council may determine " and

(b)in subsection (2)—

(i)after the word " expenses " there shall be inserted the words " and interest " ; and

(ii)after the words "with interest" there shall be inserted the words " on them at such reasonable rate as the authority may determine ".

Abolition of Ministerial powers in relation to toll highways

4In section 233 of the Highways Act 1959 (transfer of toll highways to highway authorities)—

(a)in subsection (2) (by virtue of which a right to charge highway tolls which is transferred to a county council continues to be exercisable for such number of years only as may be allowed, where the county is in England, by the Minister of Transport, and where it is in Wales, by the Secretary of State) the words from "but" to the end shall cease to have effect; and

(b)in subsection (5) (by virtue of which agreements in relation to toll highways may only be made between two or more county councils with the approval, where their counties are in England, of the Minister of Transport, and where they are in Wales, of the Secretary of State) the words " subject to the approval of the Minister " shall cease to have effect.

Relaxation of requirements of confirmation by Minister for local authority orders stopping up private access to premises causing danger etc. to traffic on highway

5In section 2 of the [1971 c. 41.] Highways Act 1971 (stopping up private access to premises)

(a)the words " appropriate Minister " shall be substituted for the words " Secretary of State " —

(i)in each place where they occur in subsection (2),

(ii)in the first place where they occur in subsection (3);

(b)the following paragraphs shall be substituted for subsection (3)(c):

“(c)for objections to the making of an order by the appropriate Minister received within such period as may be so prescribed and not withdrawn to be considered by him;

(ca)for objections to the confirmation of an order made by a local highway authority to be considered by the appropriate Minister if any of the objections to the confirmation of the order received within such period as may be so prescribed and not withdrawn was made by an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up ;

(cb)for objections to the confirmation of an order made by a local highway authority received within such period as may be so prescribed and not withdrawn to be considered by the local highway authority if there is no objection received within that period from an owner, lessee or occupier such as is mentioned in paragraph (ca) above or if all such objections so received are withdrawn before the order is referred to the appropriate Minister for confirmation;”; and

(c)the following subsections shall be substituted for subsection (4):

“(4)In the case of an order made by a local highway authority under this section—

(a)if no objection to the confirmation of the order is received within the period prescribed by regulations under subsection (3) above ; or

(b)if every such objection so received is withdrawn ; or

(c)if every such objection so received from an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up is withdrawn, the local highway authority may themselves confirm the order, with or without modifications.

(5)Before confirming an order with modifications the local highway authority, if they consider that the proposed modifications will make a substantial change in the order, shall inform every such owner, lessee or occupier as is mentioned in subsection (4) (c) above and every other person who appears to them to be likely to be affected by the modifications to the order—

(a)of their intention to make the order; and

(b)of the form in which they propose to make it.

(6)The local highway authority shall give every such person as is mentioned in subsection (5) above an opportunity to make representation with regard to the order, and shall consider any representations with regard to it which any such person makes.

(7)In this section, " the appropriate Minister " means, in relation to England, the Minister of Transport and, in relation to Wales, the Secretary of State.”

Abolition of certain procedures for settlement of disputes by Minister

6(1)This paragraph shall have effect for the purpose of abolishing certain powers of the Secretary of State or the Minister of Transport to determine disputes.

(2)The following subsection shall be substituted for section 5(3) of the [1953 c. 26.] Local Government (Miscellaneous Provisions) Act 1953 (provision of omnibus shelters etc. by local authorities): —

“(3)Where the consent of the Secretary of State or the Minister of Transport is required under this section, disputes between the Minister whose consent is required and the local authority as to whether the consent of that Minister is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any shelter or other accommodation in accordance with any condition of the consent is reasonably required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers.”.

(3)In section 108(10) of the [1959 c. 25.] Highways Act 1959 (which provides that any consent of an authority which is required for the diversion of a highway shall not be unreasonably withheld) the words " and any question arising under this subsection whether the withholding of a consent is unreasonable shall be determined by the Minister" shall cease to have effect.

(4)Section 246(2) of that Act (disputes as to nature of sums paid or recovered under Act) shall cease to have effect

(5)In Schedule 3 to the [1961 c. 64.] Public Health Act 1961 the following paragraph shall be substituted for paragraph 4 (disputes as to consents for execution of works in streets for purposes of safety and of reduction of litter): —

“4Where the consent of the Secretary of State or the Minister of Transport is required under this Schedule, any dispute between the Minister whose consent is required and the authority as to whether the Minister's consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of anything to the provision of which the consent relates in accordance with any condition of the consent is reasonably required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers”.

(6)Section 29(3) of the [1966 c. 42.] Local Government Act 1966 (which gives a lighting authority a right to appeal in case of dispute as to the exercise of their powers for purposes of the lighting of a highway for which they are not the highway authority) shall cease to have effect.

(7)Nothing in this paragraph shall prevent the Secretary of State or the Minister of Transport—

(a)determining any dispute referred or appeal brought to him under the provisions specified in sub-paragraphs (2) to (6) above before the passing of this Act; or

(b)exercising any power conferred on him under those provisions in respect of any such dispute or appeal.

Abolition of certain Ministerial controls relating to structures on and near highway

7The following provisions, namely—

(a)in the [1959 c. 25.] Highways Act 1959—

(i)the proviso to section 73(1) (requirement to notify of proposed building lines for classified roads); and

(ii)sections 95 and 96 (regulations about cattlegrids); and

(b)section 120 of the Transport Act 1968 (orders prescribing minimum heights for parapets of bridges carrying roads over railways);

shall cease to have effect.

Miscellaneous amendments oj Highway Acts and associated legislation

8(1)Section 280(2), (3) and (4) of the Highways Act 1959 (which give powers to prescribe the form of various notices, orders, advertisements, certificates and other documents and provide that, if forms are prescribed in exercise of those powers, those forms or forms to the like effect shall be used in all cases to which those forms are applicable) shall cease to have effect.

(2)The following enactments, namely—

(a)section 288 of the Highways Act 1959;

(b)section 16(4) of the Highways (Miscellaneous Provisions) Act 1961 ; and

(c)section 85 of the Highways Act 1971,

(each of which gives a power to repeal or amend local Acts) shall cease to have effect.

(3)The repeal of the enactments specified in sub-paragraph (2) above shall not affect any application made under any of them before the passing of this Act; and any power conferred by any of them may accordingly be exercised after the passing of this Act in pursuance of any such application.

(4)Any order made under an enactment specified in subparagraph (2) above shall continue to have effect notwithstanding the repeal of that enactment.

PART IIRoad Traffic

Transfer of certain powers to make traffic regulation orders and experimental traffic orders and extension of powers to make experimental traffic orders

9(1)The following subsections shall be substituted for section 1(2) of the [1967 c. 76.] Road Traffic Regulation Act 1967: —

“(2)Subject to subsection (2A) of this section and to section 82 of this Act, the authority having power to make traffic regulation orders—

(a)as respects roads other than trunk roads, shall be the local authority, that is to say, the county council in England or Wales and the local highway authority in Scotland ; and

(b)as respects trunk roads, shall be the appropriate Minister.

(2A)An order made by virtue of subsection (2) (a) above may relate to a length of trunk road if the order forms part of a scheme of general traffic control relating to roads at least one of which has a junction with the length of trunk road in question.

(2B)No order relating to a trunk road shall be made by virtue of subsection (2A) above without the consent of the appropriate Minister.”.

(2)The following subsections shall be substituted for section 9(2) of that Act—

“(2)Subject to section 82 of this Act, the authority having power to make an experimental traffic order—

(a)as respects any roads outside Greater London, shall be the authority who would have power to make an order under section 1(2) and 1(2A) of this Act in relation to them; and

(b)as respects any roads in Greater London, shall be the authority who would have power to make an order under section 6(2) of this Act in relation to them.

(2A)No order relating to a trunk road shall be made by virtue of subsection (2) above without the consent of the appropriate Minister.”.

(3)In the said section 9—

(a)the following subsections shall be substituted for subsection (3):

“(3)An experimental traffic order shall not continue in force for longer than 18 months.

(3A)Subject to sections 84A, 84B and 84C of this Act—

(a)where an authority have made an experimental traffic order for a period of less than 18 months ; and

(b)the order has not ceased to be in force,

the authority may from time to time by order under this subsection direct that it shall continue in force for a further period ending not more than 18 months after it first came into force.”;

(6)in subsection (5)—

(i)the words " made by the Greater London Council" shall be omitted ; and

(ii)for the words " that Council" there shall be substituted the words " the authority who made the order ".

Pedestrian crossings

10(1)The following section shall be substituted for section 21 of the [1967 c. 76.] Road Traffic Regulation Act 1967 (schemes for establishment of pedestrian crossings on roads other than trunk roads): —

“21Powers of local authorities with respect to pedestrian crossings on roads other than trunk roads.

(1)Subject to subsection (2) below, a local authority shall have power—

(a)to establish on any roads in their area (other than trunk roads) crossings for foot passengers to be indicated in manner prescribed by regulations under section 23 of this Act; and

(b)to alter or remove any such crossings from roads in their area.

(2)Before establishing, altering or removing a crossing a local authority—

(a)shall consult the chief officer of police about their proposal to do so ;

(b)shall give public notice of that proposal; and

(c)shall inform the appropriate Minister in writing.

(3)It shall be the duty of a local authority to execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required—

(a)in connection with the establishment, alteration, or removal of crossings in accordance with regulations having effect under section 23 of this Act; or

(b)in connection with the indication of crossings in accordance with such regulations.

(4)In this section " local authority " means—

(a)as respects England and Wales, the council of a county or the Greater London Council ; and

(b)as respects Scotland, the local highway authority.

(5)Before the Greater London Council establish, alter or remove a crossing on any road under this section they shall consult any other council, being the council of a London borough or the Common Council of the City of London, within whose area the road is situated.”.

(2)Subsections (2) and (3) of the section substituted for section 21 of the [1967 c. 76.] Road Traffic Regulation Act 1967 by subsection (1) above shall have effect in relation to the alteration and removal of crossings established under the said section 21 before the passing of this Act as they have effect in relation to the alteration and removal of crossings so established thereafter.

(3)Any regulations under section 23 of the Road Traffic Regulation Act 1967 (pedestrian crossing regulations) shall apply to crossings which may be established under the section substituted for section 21 of that Act by subsection (1) above as they apply to crossings established under that section before the passing of this Act.

(4)Any reference to a crossing in the said section 23 is a reference to a crossing established before or after the passing of this Act.

Abolition of Ministerial powers in respect of local authority orders prohibiting traffic on roads to be used as playgrounds

11In section 26 of that Act (powers of local authorities to prohibit traffic on roads to be used as playgrounds) subsection (5) (which gives the appropriate Minister power to vary or revoke an order made under that section by a local highway authority) shall cease to have effect.

Orders preventing vehicular access to premises for more than eight hours in any twenty-four

12(1)In section 84(B)(1) of that Act (requirement of Ministerial consent for the inclusion of certain provisions in traffic regulation orders) after the word " except" there shall be inserted the words " in a case to which subsection (1A) or (1B) below applies or .

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

“(1A)This subsection applies where—

(a)it is proposed to include in the order any such provision as is mentioned in subsection ((1)(a)) above ; and

(b)either—

(i)no owner, lessee or occupier of premises such as are mentioned in subsection (1)(a) above has submitted to the authority any objection to the inclusion of that provision in the order ; or

(ii)any such owner, lessee or occupier who has submitted such an objection has withdrawn it.

(1B)This subsection applies in the case of any order proposed to be made under section 9 above where—

(a)it is proposed to include in the order any such provision as is mentioned in subsection (1)(a) above ; and

(b)the effect of the prohibition by the order of the use of the road to which it relates or of any restriction on the use of that road contained in the order would be to prevent vehicles, or vehicles of any class, being loaded or unloaded in that road or to prevent persons boarding or alighting from a stage carriage on that road; and

(c)either—

(i)no person has submitted to the authority any objection to the making of the order on the ground that it would prevent vehicles, or vehicles of that class, being loaded or unloaded in the road and no person being the operator of a stage carriage service (as defined in section 44(3) of the Transport Act 1980) has submitted to the authority any objection to the making of the order on the ground that it would prevent persons boarding or alighting from a stage carriage being used in that service in the road ; or

(ii)any such person who has submitted an objection on that ground has withdrawn it.”

Traffic regulation in special areas in the countryside and traffic signs etc. on Crown roads

13(1)In section 32(4) of the [1968 c. 41.] Countryside Act 1968 (by virtue of which the appropriate Minister may only exercise the power of making a traffic regulation order conferred by subsection (3) of that section as respects a road if the Countryside Commission or, as the case may be, the Countryside Commission for Scotland have made submissions to him as to the desirability of making such an order) for the words from " except" to the end of the subsection there shall be substituted the words " unless—

(a)he has received such a submission with respect to that road ; and

(b)the authority having power to make an order as respects that road under the said section 1 having notified him that they do not intend to make such an order."

(2)Subsection (9) of that section (power of appropriate Minister, after consulting the appropriate Crown authority, to give directions to the local authority concerned with any Crown road requiring them to remove, or cause to be removed, traffic signs etc.) shall cease to have effect.

Traffic on bridges etc.

14(1)The following enactments (which relate to the control of traffic on bridges and, amongst other things, give certain powers in relation to its control) shall cease to have effect—

(a)section 6 of the [1861 c. 70.] Locomotive Act 1861 ;

(b)section 7 of the [1898 c. 29.] Locomotives Act 1898 ;

(c)section 11 of the [1919 c. 50.] Ministry of Transport Act 1919 ;

(d)section 17 of the [1967 c. 76.] Road Traffic Regulation Act 1967.

(2)Nothing in subparagraph (1) above shall affect—

(a)any requirement to obtain consent under section 6 of the Locomotive Act 1861 which subsists at the passing of this Act by virtue of the placing of a notice on any bridge, or any liability for failure to obtain consent under that section ; or

(b)any appeal to the Minister of Transport or, as the case may be, to the Secretary of State, under section 7 of the Locomotives Act 1898 or section 11 of the Ministry of Transport Act 1919 which is pending on the passing of this Act.

(3)From the passing of this Act any notice placed on a bridge by authority of a person such as is mentioned in section 6 of the Locomotive. Act 1861 shall be deemed to have been placed there—

(a)if the bridge is outside Greater London, in pursuance of an order under section 1 of the Road Traffic Regulation Act 1967 ; and

(b)if it is in Greater London, in pursuance of an order under section 6 of that Act.

(4)Nothing in this paragraph affects a bridge which does not carry a road (within the meaning of section 104(1) of the Road Traffic Regulation Act 1967).

Miscellaneous

15(1)Section 1(9) of the Road Traffic Regulation Act 1967 (power of appropriate Minister to repeal local Acts extending the powers of section 26 of the [1960 c. 16.] Road Traffic Act 1960) shall cease to have effect.

(2)Any order made under section 1(9) of the Road Traffic Regulation Act 1967 shall continue to have effect notwithstanding the repeal of that subsection.

Section 53.

SCHEDULE 8Enactments Mentioned in Section 53(1l)(c)

Section 55.

SCHEDULE 9Domestic Rate Relief Grant

Reduction of rates by reference to domestic rate relief grant

1(1)In each year an amount in the pound shall be specified in the Rate Support Grant Report for the purposes of section 48 of the [1967 c. 9.] General Rate Act 1967 (reduction of rates on dwellings).

(2)Different amounts in the pound may be specified under subparagraph (1) above for different rating areas.

(3)In specifying any amount or amounts in the pound under this paragraph for any year the Secretary of State shall seek to secure that the total amount of the reduction under section 48 of the General Rate Act 1967 for all rating areas will correspond to the aggregate amount of the domestic rate relief grant.

(4)In this paragraph "rating area " has the same meaning as in the General Rate Act 1967.

Distribution of domestic rate relief grant

2(1)The amount of the domestic rate relief grant payable to a local authority for any year shall be calculated by multiplying the aggregate amount of the domestic rate relief grant by , where—

• a is the domestic rateable value of the area of the local authority for the year multiplied by the amount of the reduction specified in relation to that area in the Rate Support Grant Report, and

• A is the aggregate of the amounts calculated as for a in respect of each local authority entitled to receive domestic rate relief grant in the year.

(2)For the purposes of this paragraph the domestic rateable value of the area of a local authority shall be the amount, divided by two, of the aggregate of the rateable values of dwellinghouses in the area shown in the valuation list on 1st April and 31st March in the year as certified by the valuation officer.

(3)No payment in respect of the domestic rate relief grant shall be made to the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple if no rate in the nature of a general rate is levied in the Temple in question during the year.

Apportionment of rate reductions in the City of London by reference to the domestic rate relief grant

3(1)Section 48 of the [1967 c. 9.] General Rate Act 1967 (which provides for the reduction of rates on dwellings by reference to the domestic rate relief grant) and paragraph 1 above shall, in their application to the City of London, have effect subject to the provisions of this paragraph.

(2)Reductions of rates under the said provisions shall be apportioned between the poor rate and the general rate in the relevant proportions (taken to the nearest whole penny).

(3)Payments in respect of the domestic rate relief grant shall be treated as being, in the relevant proportions, the proceeds of the poor rate and the general rate.

(4)In this paragraph " the relevant proportions" means the proportions which, for the year, the number of pence in the pound of the poor rate and the general rate bear respectively to the aggregate of the number of pence in the pound of both of the said rates.

Section 63.

SCHEDULE 10Adjustment of Block Grant in Connection with Education etc.

PART IAdjustment between England and Wales

Adjustment

1(1)The English block grant for a year and the Welsh block grant for the year shall be subject to adjustment in accordance with this paragraph.

(2)The Secretary of State shall consider whether in his opinion the burden of the education expenditure for each year falls unevenly between local authorities in England on the one hand and those in Wales on the other.

(3)In doing so he shall ascertain the difference between—

(a)the amount of the education expenditure for the year of local authorities in England which appears to him (after taking account of recoupment) to ensure for the benefit of people belonging to the areas of local authorities in Wales; and

(b)the amount of the education expenditure for the year of local authorities in Wales which appears to him (after taking account of recoupment) to enure for the benefit of people belonging to the areas of local authorities in England.

(4)If, after he has ascertained that difference, it appears to the Secretary of State that the burden of the education expenditure for the year falls unevenly between local authorities in England on the one hand and those in Wales on the other, he may fix an amount by which the English block grant for any year should be increased and the Welsh block grant for the year should be decreased (or vice versa) in order to take account of the uneven way in which the burden falls.

Apportionment of increased or decreased amount

2(1)Regulations shall provide for—

(a)the apportionment among local authorities in England of the amount (if any) by which the English block grant is increased or decreased in accordance with paragraph 1 above;

(b)the apportionment among local authorities in Wales of the amount (if any) by which the Welsh block grant is increased or decreased in accordance with that paragraph,

and for ascertaining the amount by which the block grant payable to each local authority should be increased or decreased accordingly.

(2)In paying the block grant for any year, the Secretary of State shall adjust the amount of the grant accordingly.

(3)Regulations under this paragraph may make different provision in relation to authorities in England and authorities in Wales.

Interpretation

3(1)This paragraph has effect for the interpretation of paragraphs 1 and 2 above.

(2)References to the English and Welsh block grants for a year are references respectively to the aggregate amount of block grant payable in the year to local authorities in England and the aggregate amount of block grant payable in the year to local authorities in Wales.

(3)References to the education expenditure for a year are to the expenditure which the Secretary of State estimates has been or will be incurred for the year by all local authorities in England and Wales in the exercise of their functions as education authorities, and references to the education expenditure for a year of local authorities in England and of those in Wales are to be construed accordingly.

(4)References to recoupment are to recoupment between authorities under section 31 of the [1980 c. 20.] Education Act 1980.

PART IIOther Adjustments between Authorities

Introduction

4(1)The block grant payable to a local authority in England, and that payable to a local authority in Wales, shall be subject to adjustment in accordance with paragraphs 5 and 6 below.

(2)Those paragraphs shall be administered separately and may be administered differently, in England and in Wales, and references in them to regulations, to a local authority or local authorities and to a local education authority or local education authorities shall be construed accordingly, except where the wording of paragraph 5(5)(a) otherwise requires.

Expenditure other than on advanced further education

5(1)Regulations may provide for ascertaining the aggregate of the expenditure to which this paragraph applies of all local authorities, for apportioning the aggregate among the authorities and for ascertaining the amount by which the block grant payable to each authority ought to be increased or decreased.

(2)The Secretary of State shall, in accordance with regulations under this paragraph, ascertain at such time as may be specified by the regulations—

(a)the estimated amount of the increases and decreases of the block grant which ought to be made for any year, and

(b)the actual amount of these increases and decreases,

and he shall in paying the block grant for any year adjust the amount of that grant in accordance with the estimated amounts so ascertained and shall in paying that grant for the earliest practicable subsequent year make any adjustment necessary to offset differences between the estimated and actual amounts so ascertained.

(3)Subject to sub-paragraphs (4) and (5) below, this paragraph applies to such expenditure as may be specified by regulations, being—

(a)expenditure, other than that to which paragraph 6 below applies, incurred by local authorities in the exercise of their functions as local education authorities ;

(b)expenditure incurred by local authorities on research into any of their functions, in the training of persons in matters connected with the functions of local authorities or in respect of persons to whom the training is given.

(4)Regulations specifying expenditure of any description under sub-paragraph (3) above may provide that only a specified proportion of that expenditure shall be expenditure to which this paragraph applies.

(5)Regulations under sub-paragraph (3)(a) above shall apply this paragraph to—

(a)expenditure incurred by local education authorities in the making of provision for primary and secondary education in respect of pupils not belonging to the area of any local education authority in England or Wales or to the area of any education authority in Scotland ; and

(b)expenditure, other than that to which paragraph 6 below applies, incurred by local education authorities in the making of provision for further education in respect of such pupils.

Expenditure on advanced further education

6(1)Regulations may provide—

(a)for the specification by the Secretary of State, in advance for each year, of the amount of expenditure to which this paragraph applies which is to be taken into account for the purposes of the regulations in relation to that year;

(b)for enabling him to specify additional amounts of such expenditure which are to be so taken into account;

(c)for apportioning among local authorities, under or in accordance with the regulations, either the whole or a part specified by or in accordance with the regulations of—

(i)the amount specified for any year as mentioned in paragraph (a) above ;

(ii)any additional amounts specified for that year as mentioned in paragraph (b) above ;

and for informing local authorities of the shares apportioned to them respectively;

(d)for the specification, under or in accordance with the regulations, of the appropriate contribution of each local authority to the expenditure apportioned as mentioned in paragraph (c) above;

(e)for ascertaining the amount by which the block grant payable to each authority ought to be increased or decreased by reference to the share apportioned to it as compared with its appropriate contribution.

(2)The Secretary of State shall in paying the block grant for any year adjust the amount of that grant in accordance with the amount ascertained as mentioned in sub-paragraph 1l)(e) above.

(3)This paragraph applies to such expenditure incurred by local authorities in connection with further education of an advanced character, including the training of teachers, as may be specified for the purposes of this paragraph by or under regulations.

PART IIIGeneral

Information

7(1)Regulations may make provision requiring local authorities to furnish the Secretary of State, at such times and in such manner and form as may be specified in the regulations, with such estimates of their expenditure and with such other information required by him for the purposes of this Schedule as may be so specified.

(2)Regulations under this paragraph may make different provision in relation to authorities in England and authorities in Wales.

Consultation

8(1)Before doing any of the things mentioned in sub-paragraph (2) below, the Secretary of State shall consult such associations of local authorities as appear to him to be concerned and any local authority with whom consultation appears to him to be desirable.

(2)The things are: —

(a)making regulations under this Schedule ;

(b)ascertaining an amount under paragraph 1(3) above ;

(c)fixing an amount under paragraph 1(4) above ;

(d)specifying an amount under paragraph 6(1)(a) or (b) above.

Regulations

9References in this Schedule to regulations are to regulations made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

10Section 38(5) of the [1980 c. 20.] Education Act 1980 (individuals treated as belonging to areas of local education authorities) applies for the purposes of this Schedule as for those of that Act.

Section 64.

SCHEDULE 11Metropolitan Police District

PART IInterpretation

1In this Schedule—

• " gross rateable value", in relation to the Metropolitan Police District, means the aggregate of the rateable values of the hereditaments in that District;

• " rateable values ", in relation to hereditaments in that District, means, subject to paragraphs 2 and 3 below, rateable values ascribed to them in the valuation lists on a date to be specified in each year in the Rate Support Grant Report;

• " the Receiver " means the Receiver for the Metropolitan Police District;

• " Receiver's grant-related poundage " means a poundage determined by the Secretary of State and related—

  (a)

  to a given ratio between the Receiver's total expenditure and the Receiver's grant-related expenditure ; or

  (b)

  to a given difference between his total expenditure divided by the population of the Metropolitan Police District and his grant-related expenditure so divided;

• " Receiver's total expenditure " means that part of the Receiver's expenditure for a year which falls to be defrayed out of the Metropolitan Police Fund and which is not met by any such grant as is mentioned in section 54(7)(a) or (b) above but reduced by the amount of any payments of such descriptions as the Secretary of State may specify which fall to be paid for that year into the Metropolitan Police Fund ;

• " Receiver's grant-related expenditure" means a sum determined by the Secretary of State as being the aggregate for the year of the Receiver's notional expenditure having regard to his functions ;

• " relevant authority " means—

  (a)

  the council of a London borough ; or

  (b)

  the council of a district whose area is wholly or partly within the Metropolitan Police District; and

• " relevant portion " means the portion of the Receiver's total expenditure for a year which bears to that total the ratio which the gross rateable value of the area of a relevant authority, or the part of that area within the Metropolitan Police District bears to the gross rateable value of that District.

2The reference to hereditaments in the definition of "rateable values" in paragraph 1 above includes a reference to a notional hereditament which a body is treated as occupying by virtue of any enactment.

3A Rate Support Grant Report may provide that for the year to which it relates the rateable values of hereditaments in the Metropolitan Police District falling within any class of hereditaments shall be ascertained for the purposes of mis Schedule otherwise than by reference to the values ascribed to them in the valuation lists.

PART IISpecial Provisions Relating to Block Grant

Calculation of block grant

4Paragraph 5 below shall have effect in relation to the calculation of the amount of block grant payable to a relevant authority instead of section 56(6) above.

5(1)The amount of block grant payable to a relevant authority is the aggregate of the two amounts specified in subparagraphs (2) and (3) below.

(2)The first amount is an amount calculated by deducting from the relevant portion of the Receiver's total expenditure for the year the product arrived at by multiplying the Receiver's grant-related poundage by the gross rateable value of the authority's area, or, if their area is not wholly within the Metropolitan Police District, by the gross rateable value of that part of their area which is within that District.

(3)The second amount is an amount calculated by deducting from the total expenditure to be incurred by a relevant authority during the year—

(a)the relevant portion of the Receiver's total expenditure for the year; and

(b)the product arrived at by multiplying the authority's grant-related poundage by the gross rateable value of their area.

Special meaning of "grant-related poundage "

6For the purposes of this Part of this Act, section 56(8) above shall have effect, in relation to a relevant authority, as if in the definition of grant-related poundage " the references to total expenditure were references to total expenditure after deducting the relevant portion of the Receiver's total expenditure for the year.

Adjustments of distribution of block grant to relevant authorities

7The distribution of block grant to relevant authorities shall be adjusted in accordance with paragraph 8 below instead of section 59 above.

8(1)Subject to the following provisions of this paragraph, the Secretary of State may provide in a Rate Support Grant Report that the amount to be deducted unde* paragraph 5(2) or (3) above in respect of block grant payable to a relevant authority for a year shall not be the relevant product but that product multiplied by a multiplier determined by the Secretary of State.

(2)In sub-paragraph (1) above " the relevant product" means the product mentioned in paragraph 5(2) or (3) above, as the case may be.

(3)Except as provided by sub-paragraph (4) below, the power conferred by sub-paragraph (1) above may only be exercised in relation to either of the relevant products for the purpose of increasing the amount of block grant payable to a relevant authority.

(4)The power may be exercised for the purpose of decreasing the amount of block grant payable to a relevant authority if the Secretary of State is satisfied that there will be an unreasonable increase, unless he exercises it, in the amount of block grant payable to the authority for a year compared with the amount payable to them for the previous year.

(5)The power may only be exercised in relation to the product mentioned in paragraph 5(2) above so as to determine one multiplier and to determine it in accordance with principles to be applied to all relevant authorities.

(6)The power may be exercised in relation to the product mentioned in paragraph 5(3) above so as to determine different multipliers for different relevant authorities.

(7)The power may only be exercised in relation to that product—

(a)for any such purpose as is specified in paragraphs (a) to (d) of section 59(6) above ; and

(b)in accordance with sub-paragraphs (8) to (11) below.

(8)The power may be exercised in accordance with any principles to be applied under section 59(5)(a)(i) above to all local authorities.

(9)In relation to relevant authorities who are the councils of non-metropolitan districts the power may be exercised in accordance with any principles to be applied under section 59(5)(a)(ii) above to all councils of non-metropolitan districts.

(10)In relation to relevant authorities who are councils of inner London boroughs the power may be exercised in accordance with principles to be applied to all such councils.

(11)In relation to relevant authorities who are outer London boroughs the power may be exercised in accordance with principles to be applied to all such councils.

(12)If the Secretary of State exercises the power in relation to either of the products, the principles on which he exercises it shall be specified in the Rate Support Grant Report.

(13)In its application to block grant payable to a relevant authority for the commencing year sub-paragraph (4) above shall have effect as if there were substituted for the reference to the amount of block grant payable to the authority for the previous year a reference to an amount determined by the Secretary of State.

Supplementary reports

9In the application of section 61 above to the Receiver's grant-related poundage and the Receiver's grant-related expenditure subsection (5) shall be omitted.

Adjustment of block grant total

10Section 62(3) above shall have effect in relation to relevant authorities as if for the purpose of making a fresh calculation of the entitlement of each relevant authority to block grant it authorised the Secretary of State to substitute the total of the Receiver's expenditure actually defrayed out of the Metropolitan Police Fund for the figure calculated under paragraph 1 above as the part of the Receiver's expenditure which falls to be defrayed out of that Fund.

Section 71.

SCHEDULE 12Prescribed Expenditure under Part VIII

1Subject to paragraphs 2 and 3 below and to regulations under paragraph 4 below, expenditure on—

(a)the acquisition of land, including buildings and structures on land;

(b)the acquisition of vehicles and vessels and of movable and immovable plant, machinery and apparatus;

(c)the reclamation, improvement or laying out of land;

(d)the construction, preparation, conversion, improvement, renewal or replacement of buildings and structures ;

(e)the repair or maintenance—

(i)of land (including dwelling-houses and other buildings) held under Part V of the [1957 c. 56.] Housing Act 1957 ; and

(ii)dewelling-houses held otherwise than under that Part of that Act, to the extent that the expenditure is defrayed by borrowing ;

(f)the renewal or replacement of vehicles and vessels and the installation, renewal or replacement of movable and immovable plant, machinery and apparatus ; and

(g)the making of grants and advances of a capital nature other than grants and advances to local authorities or Passenger Transport Executives,

is prescribed expenditure for the purposes of this Part of this Act.

2Expenditure in connection with the acquisition, renewal or replacement of any vehicle or vessel or the acquisition, installation, renewal or replacement of any item of plant, machinery or apparatus is not prescribed expenditure for the purposes of this Part of this Act if it is less than an amount prescribed by the Secretary of State.

3The investment by a county council, a London borough council or the Common Council of the City of London of a superannuation fund which they are required to keep by regulations under the [1972 c. 11.] Superannuation Act 1972 is not prescribed expenditure for the purposes of this Part of this Act.

4Regulations may provide—

(a)that expenditure incurred in circumstances specified in the regulations shall not be prescribed expenditure ;

(b)that expenditure of any description mentioned in paragraph 1 above and specified in the regulations shall not be prescribed expenditure ;

(c)that expenditure for any purpose specified in the regulations, or expenditure for a purpose so specified and of an amount above or below an amount so specified, shall not be prescribed expenditure.

5The power conferred by paragraph 4 above includes power to amend or repeal any provision of this Schedule.

Section 81.

SCHEDULE 13Expenditure of Greater London Council and London Transport Executive

PART IAmendments of Schedule 2 to London Government Act 1963

1The provisions of Schedule 2 to the London Government Act 1963 (constitution and general functions of Greater London Council) relating to the capital expenditure of and loans made by that Council and to borrowing by that Council shall be amended as follows.

2In paragraph 25, for the words " The expenditure by the Council on capital account or " there shall be substituted the words " Prescribed expenditure by the Council and expenditure by the Council ".

3The following paragraphs shall be inserted after that paragraph:

“25ASubject to paragraph 25B below, in paragraph 25 above and paragraphs 26 to 29 below " prescribed expenditure " has the meaning assigned to it for the purposes of Part VIII of the Local Government, Planning and Land Act 1980 by section 71(2) of that Act (by virtue of which any reference to prescribed expenditure in the said Part VIII is to be construed in accordance with Schedule 12 to the Act).

25BIn the application of the said Schedule 12 by virtue of paragraph 25A above—

(a)the following sub-paragraph shall be substituted for sub-paragraph (g):

“(g)the making of grants of a capital nature other than grants to local authorities or the London Transport Executive ;”and

(b)the following paragraph shall be substituted for paragraph 3:

“3The investment of a superannuation fund is not prescribed expenditure for the purposes of this Part of this Act.”

25CFor the purposes of paragraph 25 above and of paragraphs 26 and 28 below section 80 of the Local Government, Planning and Land Act 1980 shall apply to an acquisition of an interest in or right over property by the Council as it applies to such an acquisition by an authority to whom Part VIII of that Act applies.”.

4In paragraph 26(1) of that Schedule, for the words " on capital account" there shall be substituted the words " by way of prescribed expenditure ".

5The following sub-paragraphs shall be substituted for subparagraphs (1) and (2) of paragraph 28 of that Schedule: —

“(1)If the whole of the amount authorised by an annual money Act to be expended for any authorised purpose in the first twelve or last six months or the relevant financial period aforesaid is not required to be so expended, the Council may expend for any other authorised purpose in those twelve, or, as the case may be, six months (in addition to the amount authorised in relation to that other purpose) an amount not exceeding the unexpended portion of the first-mentioned amount.

(1A)Subject to sub-paragraphs (1B) and (1C) below, if—

(a)the annual money Act specifies for the first twelve months of a financial period (the relevant twelve months) an amount (the additional amount) which is stated by the Act to be a proportion of the amount authorised for the relevant twelve months to be expended by the Council in respect of prescribed expenditure and lending to other persons (the basic amount) and to be additional to that amount; and

(b)the Council expend for the relevant twelve months, in respect of prescribed expenditure and on lending to other persons, an amount exceeding the basic amount but not exceeding the aggregate of the basic amount and the additional amount,

the amount by which their expenditure exceeds the basic amount shall be treated as having been spent during the first twelve months of the financial period following the relevant twelve months.

(1B)Where, in the twelve months preceding the relevant twelve months (the previous twelve months) the Council have spent by way of prescribed expenditure or on lending to other persons an amount less than the aggregate of the basic amount for the previous twelve months and any amount authorised for those twelve months under sub-paragraph (2) below (the previously authorised aggregate), there shall be treated as having been spent during the first twelve months of the financial period following the relevant twelve months the amount which would have been so treated by virtue of sub-paragraph (1A) above subject to the appropriate deduction.

(1C)The appropriate deduction is a deduction of the lesser of the following amounts, namely—

(a)the amount by which the Council's expenditure for the previous twelve months fell short of the previously authorised aggregate ; and

(b)the amount (if any) which was specified as the additional amount for the relevant twelve months.

(2)If the amount authorised by an annual money Act to be expended in the first twelve or last six months of any financial period, other than any such additional amount as is mentioned in sub-paragraph (lA)(a) above, is found to be insufficient, the Treasury may on the application of the Council authorise the Council to expend such further sums as it is shown to the satisfaction of the Treasury to be necessary or desirable for the Council to expend, not exceeding in the aggregate such amount as may be specified by that Act for the purpose of this sub-paragraph in relation to those twelve or, as the case may be, six months.”.

6The following sub-paragraph shall be substituted for subparagraph (5)(a) of that paragraph:

“(a)by way of prescribed expenditure for a purpose mentioned in that Act; or”.

7The following paragraph shall be inserted after that paragraph:

“28A(1)The appropriate Minister may direct that—

(a)a specified part of the amount of expenditure authorised by an annual money Act may be spent only on a specified project;

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

(2)A project may only be specified under sub-paragraph (1) above if the appropriate Minister—

(a)is of opinion that the project is of national or regional importance, or

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

(3)In this paragraph " the appropriate Minister " means the Secretary of State except in relation to expenditure for the purpose of functions the responsibility for which is vested in the Minister of Transport, and in respect of such expenditure, means that Minister.”.

8The following paragraph shall be substituted for paragraph 29 of that Schedule:

“29The Council may borrow money for the purpose of prescribed expenditure or for the purpose of lending it to other persons if, but only if, the expenditure or lending is authorised by an annual money Act.”.

9The following shall be added after that paragraph: —

“The London Transport Executive

29A(1)Subject to sub-paragraph (2) below, for the purposes of paragraphs 25 to 29 above prescribed expenditure of the London Transport Executive or of a wholly-owned subsidiary of that Executive shall be treated as if it were prescribed expenditure of the Council; and accordingly—

(a)any payment in respect of such expenditure by the Executive or by one of their wholly-owned subsidiaries shall be treated for the purposes of those paragraphs as a payment by the Council; and

(b)any acquisition by the Executive or by such a subsidiary shall be treated for those purposes as an acquisition by the Council.

(2)Subject to sub-paragraph (3) below, in sub-paragraph (1) above " prescribed expenditure" has the meaning assigned to it for the purposes of Part VIII of the Local Government, Planning and Land Act 1980 by section 71(2) of that Act.

(3)In the application of Schedule 12 to the Local Government, Planning and Land Act 1980 by virtue of sub-paragraph (2) above—

(a)the words " or Passenger Transport Executives" shall be omitted from paragraph 1(g); and

(b)the following paragraph shall be substituted for paragraph 3: —

“3The investment of a superannuation fund is not prescribed expenditure for the purposes of this Part of this Act.”.

(4)In this paragraph " wholly-owned subsidiary " has the meaning assigned to it by section 45(1) of the Transport (London) Act 1969.”.

PART IIAmendment of Transport (London) Act 1969

10The following subsections shall be inserted after section 11(2) of the [1969 c. 35.] Transport (London) Act 1969 (which among other things requires the London Transport Executive to submit to the Greater London Council and obtain the Council's approval of any proposal for expenditure by the Executive or any subsidiary of theirs which involves a substantial outlay on capital account): —

“(2A)Any proposal by the Executive or any subsidiary of theirs to acquire—

(a)an interest in or right over land, other than a freehold interest, where the interest or right confers a right to occupy the land ; or

(b)an interest in or right over goods other than the property in them,

shall be treated for the purposes of subsection (2)(c) above as being a proposal involving an outlay on capital account.

(2B)In subsection (2A) above "freehold interest" means the fee simple absolute in possession (subject to any existing rights other than rights under a mortgage or charge to secure the payment of money) and " property " (in relation to goods) means the general property in them and not merely a special property.”.

Section 89.

SCHEDULE 14Amendments Relating to Surveys and Plans

Town and Country Planning Act 1971

1In the [1971 c. 78.] Town and Country Planning Act 1971 so much of section 6 as requires a local planning authority to institute a fresh survey of their area or part of it if directed to do so by the Secretary of State shall cease to have effect.

2In section 7 of that Act (preparation of structure plans)—

(a)the following subsections shall be substituted for subsections (1) to (3):

“7(1)The local planning authority shall, within such period from the commencement of this section within their area as the Secretary of State may direct, prepare and submit to the Secretary of State for his approval a structure plan for their area complying with the provisions of subsection (1A) of this section.

(1A)The structure plan for any area shall be a written statement—

(a)formulating the local planning authority's policy and general proposals in respect of the development and other use of land in that area (including measures for the improvement of the physical environment and the management of traffic); and

(b)containing such other matters as may be prescribed or as the Secretary of State may in any particular case direct.”;

(b)subsection (5) (indication of action areas in general proposals for structure plan) shall cease to have effect except in relation to structure plans approved by the Secretary of State before the passing of this Act;

(c)the following subsection shall be substituted for sub section (6): —

“(6)The written statement shall be illustrated by such diagram or diagrams as may be prescribed, which shall be treated as forming part of the plan.”; and

(d)the following subsection shall be added after subsection (6):

“(6A)The structure plan shall be accompanied by an explanatory memorandum summarising the reasons which in the opinion of the local planning authority justify each and every policy and general proposal formulated in the plan, stating the relationship thereof to expected development and other use of land in neighbouring areas where relevant and containing such other matters as may be prescribed; and the explanatory memorandum may contain such illustrative material as the local planning authority think appropriate.”.

3In section 8 of that Act (publicity in connection with preparation of structure plans)—

(a)the following paragraph shall be substituted for paragraph (a) of subsection (1): —

“(a)that adequate publicity is given in their area to the matters which they propose to include in the plan and to the proposed content of the explanatory memorandum relating to each such matter ;” ; and

(b)in subsection (2), after the word " State ", in the second place where it occurs, there shall be inserted the words " and of the explanatory memorandum ".

4The following subsection shall be inserted after section 9(4) of that Act (power to make regulations with respect to the procedure to be followed at an examination of a structure plan): —

“(4A)Subsection (4) of this section shall come into operation on a day appointed by an order made by the Secretary of State.”.

5The following section shall be substituted for section 10 of that Act (alteration of structure plans): —

“10Alteration of structure plans.

(1)At any time after the approval of a structure plan for their area or part of their area a local planning authority may submit to the Secretary of State and shall, if so directed by the Secretary of State, submit to him within a period specified in the direction, proposals for such alterations to that plan as appear to them to be expedient or as the Secretary of State may direct, as the case may be, and any such proposals may relate to the whole or part of the area to which the plan relates.

(2)At any time after the approval of the structure plan for their area or any part of their area a local planning authority may submit proposals for its repeal and replacement to the Secretary of State.

(3)An authority submitting a proposal under subsection (2) of this section for the repeal and replacement of a structure plan shall at the same time submit to the Secretary of State the structure plan with which they propose that it shall be replaced.

(4)Proposals under subsection (1) or (2) of this section shall be accompanied by an explanatory memorandum summarising—

(a)in the case of proposals under subsection (1) of this section, the reasons which in the opinion of the local planning authority justify the alterations which they are proposing; and

(b)in the case of proposals under subsection (2) of this section, the reasons which in their opinion justify the repeal and replacement of the structure plan.

(5)The explanatory memorandum shall also state the relationship of the proposals to general proposals for the development and other use of land in neighbouring areas which may be expected to affect the area to which the proposals relate.

(6)The explanatory memorandum—

(a)shall also contain any information on which the proposals are based ; and

(b)may contain such illustrative material as the local planning authority think appropriate.

(7)Subject to subsection (8) of this section, sections 8 and 9 of this Act shall apply, with any necessary modifications, in relation to the proposals as they apply in relation to a structure plan.

(8)Section 9(3)(b) of this Act shall not apply in any case where it appears to the Secretary of State, on consideration of proposals for the alteration or repeal and replacement of a structure plan, that no matters which require an examination in public arise—

(a)from the proposals; or

(b)from any structure plan submitted with them under subsection (3) of this section.”.

6The following subsection shall be substituted for subsections (6) to (8) of section IOC of that Act (development plan schemes): —

“(6)Where a district planning authority make representations to the Secretary of State that they are dissatisfied with a development plan scheme, the Secretary of State may amend the scheme, and any amendment so made shall have effect as if made by the county planning authority.”.

7The following provisions of that Act, namely—

(a)so much of section 11 (preparation of local plans) as authorises the Secretary of State to give directions in particular cases as to the matters to be contained in local plans and the documents by which such plans are to be accompanied; and

(b)so much of section 12 (publicity in connection with preparation of local plans) as requires a local planning authority who propose to prepare a local plan to take such steps as will in their opinion secure that adequate publicity is given in their area to any relevant matter arising out of a survey of the area carried out by them under section 6 or 11, or as authorises the Secretary of State—

(i)to prescribe places other than the offices of the local planning authority at which copies of local plans are to be available for inspection ; and

(ii)to prescribe the particulars to be contained in a statement accompanying a copy of a local plan sent to him under subsection (2) of that section,

shall cease to have effect.

8(1)The following subsections shall be inserted after subsection (4) of section 11 of that Act: —

“(4A)Without prejudice to subsections (1), (2) and (4) of this section, the local planning authority may prepare a local plan for any part of their area (in this section referred to as an " action area ") which they have selected for the commencement during a prescribed period of comprehensive treatment, by development, redevelopment or improvement of the whole or part of the area selected, or partly by one and partly by another method.

(4B)A local plan prepared for an action area under subsection (4A) of this section shall indicate the nature of the treatment selected for the action area.”.

(2)Subsection (6) of that section (which imposes on a local planning authority a duty to prepare a local plan for any area indicated as an action area in a structure plan which has been approved by the Secretary of State) shall cease to have effect except in relation to structure plans approved by him before the passing of this Act".

9The following subsection shall be added after section 13(2) of that Act (inquiries, etc. with respect to local plans)—

“(3)The requirement for a local inquiry or other hearing to be held shall not apply if all persons who have made an objection have indicated in writing that they do not wish to appear.”.

10In section 14 of that Act (adoption and approval of local plans)—

(a)the following subsections shall be substituted for subsection (1): —

“(1)After the expiry of the period afforded for making objections to a local plan or, if such objections have been duly made during that period, after considering the objections so made, the local planning authority may, subject to section 12 of this Act and subsections (1A), (2) and (3) of this section, by resolution adopt the plan either as originally prepared or as modified so as to take account—

(a)of the objections so made;

(b)of any other objections made to the plan ;

(c)of any other considerations which appear to the authority to be material.

(1A)Where—

(a)an objection to the plan has been made by the Minister of Agriculture, Fisheries and Food (in this section referred to as " the Minister "); and

(b)the local planning authority do not propose to modify the plan to take account of that objection,

the authority—

(i)shall send the Secretary of State particulars of the Minister's objection, together with a statement of their reasons for not modifying the plan to take account of it; and

(ii)shall not adopt the plan unless the Secretary of State authorises them to do so.”;

(b)the following subsections shall be inserted after subsection (3): —

“(3A)Subject to subsection (3B) of this section, where particulars of an objection to a local plan made by the Minister have been sent to the Secretary of State under subsection (1A) of this section, it shall be the duty of the Secretary of State to direct that the plan shall not have effect unless approved by him.

(3B)The Secretary of State need not give a direction under subsection (3A) of this section if he is satisfied that the Minister no longer objects to the plan.”;

(c)in subsection (4)—

(i)after the words " subsection (3) " there shall be inserted the words " or (3A) " ; and

(ii)in paragraph (d) for the words " the plan ", in the second place where they occur, there shall be substituted the words " any objections thereto " ; and

(d)the following subsection shall be added after subsection (7)—

“(8)Where there is a conflict between any of the provisions of a local plan which has been adopted or approved under this section and the provisions of a structure plan which has been approved under section 9 of this Act, the provisions of the local plan shall be taken to prevail for all purposes:

Provided that where the local plan is specified in such a list as is mentioned in subsection (2)(ii) or (3)(ii) of section 15B of this Act, the provisions of this subsection shall not apply until such time as a proposal for the alteration of the local plan or for its repeal and replacement with a new plan has been adopted or has been approved by the Secretary of State.”.

11In section 15 of that Act (alterations of local plans)—

(a)in subsection (3) for the word " The ", where it first occurs, there shall be substituted the words " Subject to subsection (4) of this section, the " ; and

(b)the following subsection shall be added after subsection(3)—

“(4)The requirement in section 13 of this Act for a local inquiry or other hearing to be held shall not apply if all persons who have made an objection have indicated in writing that they do not wish to appear.”.

12The following subsections shall be substituted for subsections (1) to (7) of section 21 of that Act (commencement of Part II and interim provisions): —

“(1)Subject to subsection (2) below, on the date on which a structure plan becomes operative—

(a)the following provisions of this Act, namely—

(i)section 20, and

(ii)the first paragraph of Part I of Schedule 23 (amendment of the Land Compensation Act 1961),

shall come into operation in the area to which the structure plan relates, and

(b)the following provisions of this Act, namely—

(i)Part I of Schedule 5, and

(ii)Schedule 6,

shall cease to have effect in that area.

(2)Where by virtue of section 15A of this Act a local plan becomes operative before the structure plan—

(a)the following provisions of this Act, namely—

(i)section 20, except paragraphs (a) and (b) of subsection (1), and

(ii)the first paragraph of Part I of Schedule 23,

shall come into operation in the area to which the local plan relates on the date on which that plan becomes operative;

(b)the following provisions of this Act, namely—

(i)Part I of Schedule 5, and

(ii)Schedule 6,

shall cease to have effect in that area on that date; and

(c)paragraphs (a) and (b) of section 20(1) of this Act shall come into operation on the date on which the structure plan becomes operative, in so far as they apply to the area to which the structure plan relates.

(3)Schedule 7 to this Act shall have effect as respects the transition from Schedules 5 and 6 to this Act to the preceding provisions of this Part of this Act.

(4)Any reference in this Part of this Act to the commencement of any provision of this Part of this Act shall be construed in accordance with subsections (5) to (7) of this section.

(5)If a day was appointed for the coming into operation of any such provision before the coming into operation of section 89 of the Local Government, Planning and Land Act 1980, any such reference shall be construed as a reference to the day so appointed.

(6)If different days were so appointed for the coming into operation of any such provision in different areas, any such reference shall, in relation to any area, be construed as a reference to the day appointed for the coming into operation of that provision in that area,

(7)If any such provision comes into operation in any area on the date on which a structure plan becomes operative, any such reference shall, in relation to that area, be construed as a reference to that date.

(7A)The Secretary of State for the time being having general responsibility in planning matters in relation to England shall, for England, and the Secretary of State for the time being having such responsibility in relation to Wales shall, for Wales, each maintain and keep up to date a register showing, in such a way as to enable members of the public to obtain the information for themselves—

(a)the provisions of this Part of this Act which have come into operation in relation to any area and the dates on which they came into operation in relation to it; and

(b)whether, in the case of a particular area, any transitional provision was made by an order under this section before the coming into operation of section 89 of the Local Government, Planning and Land Act 1980.”.

13(1)In Schedule 4 to that Act (surveys and development plans in Greater London)—

(a)so much of paragraphs 1 and 2 (matters to be examined and kept under review by Greater London Council and London borough councils) as authorises the Secretary of State to specify in a direction matters to be kept under review on a fresh survey under section 6(2) shall cease to have effect;

(b)in paragraph 7 for the words " 12 and 14(5) to (7)" there shall be substituted the words " and 12 ";

(c)the following paragraphs shall be inserted after paragraph 7:—

“7A(1)The provisions of section 14(2) of this Act shall apply to a local plan prepared by a London borough council as they apply to a local plan prepared by a district planning authority and accordingly the provisions of section 14(5), (6) and (7) shall apply to a case where a London borough council has prepared a local plan as if for the words " county planning authority ", wherever they occur, there were substituted the words " Greater London Council " and for the words " district planning authority ", wherever they occur, there were substituted the words " London borough council "

(2)Where in pursuance of paragraph 8(3) below a joint local plan has been prepared by two or more London borough councils, each shall apply to the Greater London Council in pursuance of section 14(5) of this Act as applied by sub-paragraph (1) of this paragraph.

(3)Where a joint local plan has been prepared by one or more London borough councils and one or more adjacent local planning authorities, each London borough council shall apply to the Greater London Council in pursuance of section 14(5) of this Act as applied by sub-paragraph (1) of this paragraph and each of the other local planning authorities shall apply to the county planning authority for their respective area.

(4)Where a joint local plan has been prepared by one or more London borough councils jointly with the Greater London Council, sub-paragraph (1) of this paragraph shall not apply.

7BSection 15B(3) of this Act shall apply to proposals for the alteration of the Greater London development plan and to local plans prepared by London borough councils with the substitution of a reference to " the Greater London Council " for the reference to " the county planing authority" and of a reference to " every London borough council" for the reference to " every district planning authority ";”.

(d)so much of paragraph 11(2)(b) and (3) as authorises the Secretary of State to give directions as to the matters to be contained in local plans prepared by the Greater London Council and London borough councils and the documents by which such plans are to be accompanied shall cease to have effect; and

(e)in paragraph 12(2)—

(i)for the words " After preparing a local plan " there shall be substituted the words " Subject to section 15A(3) of this Act, when a local plan has been prepared and, in a case where the council preparing it are required to obtain a certificate under section 14 of this Act, they have obtained that certificate, ";

(ii)the words " and at such other places as may be prescribed " shall cease to have effect; and

(f)so much of paragraph 12(3) as authorises the Secretary of State to prescribe the particulars contained in a statement accompanying a copy of a local plan sent to him under paragraph 12(2) shall cease to have effect.

(2)The provisions of sub-paragraph (1)(b), (c) and (e)(i) of this paragraph shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint.

14The following paragraph shall be substituted for paragraph 3 of Schedule 7 to that Act (transitional provisions relating to development plans): —

“3Subject to the following provisions of this Schedule, where by virtue of paragraph 2 of this Schedule the old development plan for any district is treated as being comprised in a development plan for that district—

(a)if there is a conflict between any of its provisions and those of the structure plan for that district, the provisions of the structure plan shall be taken to prevail for the purposes of Parts III, IV, V, VI, VII and IX of this Act and Schedule 11 to this Act; and

(b)if there is a conflict between any of its provisions and those of a local plan, the provisions of the local plan shall be taken to prevail for the purposes of those Parts of this Act and that Schedule.”.

15(1)The following paragraphs shall be inserted after paragraph 5 of that Schedule: —

“5ASubject to paragraph 5C of this Schedule, on the adoption or approval of a local plan under section 14 of this Act so much of any old development plan as relates to the area to which the local plan relates shall cease to have effect.

5BThe Secretary of State may by order direct that any of the provisions of the old development plan shall continue in force in relation to the area to which the local plan relates.

5CIf the Secretary of State makes an order under paragraph 5B of this Schedule, the provisions of the old development plan specified in the order shall continue in force to the extent so specified.”.

(2)In paragraph 7 of that Schedule, after the word " paragraph " there shall be inserted the words " 5B or ".

Local Government Act 1972

16Section 183(3) of the [1972 c. 70.] Local Government Act 1972 (which made provision, now spent, as to development plan schemes) is repealed.

17The following sub-paragraph shall be substituted for paragraph 9(1) (joint structure plans) of Schedule 16 to that Act: —

“9(1)Where a structure plan has been prepared jointly, the power of making proposals under section 10 for the alteration or for the repeal and replacement of the plan may be exercised as respects their respective areas by any of the authorities by whom it was prepared, and the Secretary of State may under that section direct any of them to submit such proposals as respects their respective areas.”.

18In paragraph 9(2) of that Schedule, for the words " section 10(2) " there shall be substituted the words " section 10(5) ".

19The following sub-paragraphs shall be substituted for paragraph 10(2) and (3) of that Schedule: —

“(2)The local planning authorities shall jointly take such steps as will in their opinion secure—

(a)that adequate publicity is given in their areas to the matters proposed to be included in the plan;

(b)that persons who may be expected to desire an opportunity of making representations to any of the authorities are made aware that they are entitled to an opportunity of doing so ; and

(c)that such persons are given an adequate opportunity of making such representations.

(3)The local planning authorities shall consider any representations made to them within the prescribed period.

(3A)Subsection (1) of section 12 shall not apply in relation to joint local plans.

(3B)References in subsections (3) and (4) of that section to subsection (1) of that section and to the purposes of paragraphs (a) to (c) of that subsection shall include references respectively to sub-paragraph (2) above and the purposes of paragraphs (a) to (c) of that sub-paragraph.”.

20In paragraph 12 of that Schedule—

(a)in sub-paragraph (1), the word "making" shall be substituted for the word " submitting " and the word " make " shall be substituted for the word " submit " ; and

(b)in sub-paragraph (2), the word "making" shall be substituted for the word " submission ".

Section 90.

SCHEDULE 15Further Planning Amendments

General Planning Control

1In section 24(3) of the [1971 c. 78.] Town and Country Planning Act 1971 (by virtue of which a development order may be made either as a general order applicable (subject to such exceptions as may be specified therein) to all land, or as a special order applicable only to such land as may be so specified) after the words " such land " there shall be inserted the words " or descriptions of land ".

2The following paragraph shall be substituted for subsection (1)(a) of section 27 of that Act (notification of applications to owners and agricultural tenants): —

“(a)a certificate stating that, at the beginning of the period of twenty-one days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates;”.

3In subsection (7) of that section (definition of "owner") for the words from " entitled " to " in the land " there shall be substituted the words " who is for the time being the estate owner in respect of the fee simple in the land or is entitled to a tenancy of the land granted or extended for a term of years certain of which not less than seven years remain unexpired ".

4(1)The following paragraph shall be inserted after subsection (1)(d) of section 31 of that Act (directions etc. as to method of dealing with applications): —

“(dd)for requiring the local planning authority to give any applicant .for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed ;”.

(2)In section 36(1) of that Act (appeal against planning decisions) for the words from " for planning " to " permission ", in the second place where it occurs, there shall be substituted the words—

“(a)for planning permission to develop land;

(b)for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission; or

(c)for any approval of that authority required under a development order, and that permission, consent, agreement”.

(3)In section 37 of that Act (appeal in default of planning decision) for the words from " an application " to " order ", in the first place where it occurs, there shall be substituted the words " any such application as is mentioned in section 36(1) of this Act is made to a local planning authority ".

Listed buildings

5The following section shall be inserted after section 54 of that Act: —

“54AIssue of certificate that building is not intended to be listed.

(1)Where—

(a)application has been made for planning permission for any development involving the alteration, extension or demolition of a building; or

(b)any such planning permission has been granted.

the issue by the Secretary of State, on the application of any person of a certificate stating that he does not intend to list the building shall have the effect specified in subsection (2) of this section.

(2)The effect of the issue under subsection (1) of this section of a certificate stating that the Secretary of State does not intend to list a building is to preclude him for a period of 5 years from the date of issue of the certificate, from exercising in relation to that building any of the powers conferred on him by section 54 of this Act, and to preclude the local planning authority from serving a notice in relation to it under section 58 of this Act.

(3)Notice of an application made under subsection (1) above shall be given to the local planning authority within whose area the building is situated at the same time that the application is submitted to the Secretary of State.

(4)In subsection (3) of this section "local planning authority" shall, in relation to a building in Greater London, include the Greater London Council.”.

6(1)In subsection (1) of section 55 of that Act (control of works for demolition, alteration or extension of listed buildings) for the words " this Part of this Act", in the second place where they occur, there shall be substituted the words " subsection (2) of this section ".

(2)The following subsection shall be inserted after subsection (2) of that section: —

“(2A)If written consent is granted by the local planning authority or the Secretary of State for the retention of works for the demolition of a listed building, or for its alteration or extension, which have been executed without consent under subsection (2) of this section, the works are authorised under this Part of this Act from the grant of the consent under this subsection.”.

(3)The following subsection shall be inserted after subsection (3) of that section: —

“(3A)Consent under subsection (2) or (2A) of this section is referred to in this Part of this Act as ' listed building consent.”

7Subsection (2) of section 56 of that Act (by virtue of which planning permission operates as listed building consent in certain cases) shall cease to have effect.

8In subsection (3) of that section-

(a)for the words " consists in or includes works for the alteration or extension of a listed building", there shall be substituted the words " affects a listed building or its setting " ;and

(b)after the word " building ", in the third place where it occurs, there shall be inserted the words " or its setting ".

9The following shall be substituted for the words in subsection (4) of that section (which specifies conditions that may be attached to a grant of planning permission which operates as listed building consent) from the beginning of the subsection to " subsection (2) of this section " : —

“(4)Listed building consent may be granted subject to conditions.

(4A)Without prejudice to the generality of subsection (4) of this section, the conditions subject to which listed building consent may be granted”.

10The following subsection shall be substituted for subsection (5) of that section :—

“(5)Listed building consent for the demolition of a listed building may be granted subject to a condition that the building shall not be demolished before a contract for the carrying out of works of redevelopment of the site has been made, and planning permission has been granted for the redevelopment for which the contract provides.”

11The following section shall be inserted after section 56 of that Act.

“56ALimit of duration of listed building consent.

(1)Subject to the provisions of this section, every listed building consent shall be granted subject to the condition that the works to which it relates must be begun not later than the expiration of—

(a)five years beginning with the date on which the consent is granted; or

(b)such other period (whether longer or shorter) beginning with the said date as the authority granting the consent may direct, being a period which the authority considers appropriate having regard to any material considerations.

(2)If listed building consent is granted without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the works to which it relates must be begun not later than the expiration of five years beginning with the date of the grant.

(3)If listed building consent was granted before 1st January 1978 and without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the works to which it relates must be begun not later than the expiration of three years beginning with the date on which paragraph 11 of Schedule 15 to the Local Government, Planning and Land Act 1980 came into force.

(4)If listed building consent was granted on or after 1st January 1978 but before the date on which paragraph 11 of Schedule 15 to the Local Government, Planning and Land Act 1980 came into force, and was granted without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the works to which it relates must be begun not later than the expiration of five years beginning with the date on which the said paragraph 11 came into force.

(5)Nothing in this section applies to any consent to the retention of works granted under section 55(2A) of this Act.”.

Building Preservation Notices

12In section 58 of that Act (building preservation notice in respect of building not listed) the word " district" shall be substituted for the word " local " in subsections (1), (3), (5) and (6).

Tree Preservation Orders

13(1)In section 60 of that Act (power of local planning authority to make tree preservation orders)—

(a)in subsection (1), for the word "If" there shall be substituted the words " Subject to subsection (1A) below, if ";

(b)the following subsection shall be inserted after that subsection : —

“(1A)A county planning authority may only make an order under subsection (1) of this section—

(a)if they make it in pursuance of section 59(b) of this Act;

(b)if it relates to land which does not lie wholly within the area of a single district planning authority;

(c)if it relates to land in which the county planning authority hold an interest; or

(d)if it relates to land in a National Park.”;

(c)the following subsection shall be substituted for subsection (4):-

“(4)A tree preservation order shall not take effect until it is confirmed by the local planning authority and the local planning authority may confirm any such order either without modification or subject to such modifications as they consider expedient.”; and

(d)in subsection (5)—

(i)in paragraph (a), for the words "submitted to the Secretary of State for confirmation " there shall be substituted the words " confirmed by the local planning authority " ; and

(ii)in paragraph (b), for the words " the Secretary of State" there shall be substituted the words " the local planning authority ".

(2)Nothing in sub-paragraph (1) above shall affect any order submitted to die Secretary of State for confirmation before the passing of this Act.

14Section 61(3) of that Act (which gives the Secretary of State power to make regulations about provisional tree preservation orders) shall cease to have effect.

Advertisements

15Sub-paragraph (2) of paragraph 25 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972 (by virtue of which the power conferred by section 63 of the [1971 c. 78.] Town and Country Planning Act 1971 of defining areas of special control for the purpose of restricting or regulating the display of advertisements is exercisable both by county planning authorities and by district planning authorities) shall cease to have effect.

Notices as to Waste Land

16In section 65(1) of the Town and Country Planning Act 1971 (under which a local planning authority may serve on the owner and occupier of a garden, vacant site or other open land a notice requiring the taking of steps for abating injury to amenity)—

(a)the words " district planning authority or the council of a London borough " shall be substituted for the words " local planning authority " ; and

(b)the word "they" shall be substituted for the words " the authority ".

Listed building enforcement notices

17The following section shall be inserted after section 99 of that Act: —

“99AEffect of listed building consent on listed building enforcement notice.

(1)If, after the issue of a listed building enforcement notice, consent is granted under section 55(2A) of this Act for the retention of any work to which the listed building enforcement notice relates, the listed building enforcement notice shall cease to have effect in so far as it requires steps to be taken which would involve the works not being retained in accordance with the consent.

(2)If the consent is granted so as to permit the retention of works without complying with some condition subject to which a previous listed building consent was granted, the listed building enforcement notice shall cease to have effect in so far as it requires steps to be taken for complying with that condition.

(3)The preceding provisions of this section shall be without prejudice to the liability of any person for an offence in respect of a failure to comply with the listed building enforcement notice before the relevant provisions of that notice ceased to have effect.”.

Blight notices—objections

18In section 194(2)(d) of that Act (grounds of objections to blight notice)—

(a)after the word " that", in the first place where it occurs, there shall be inserted the words " (in the case of land falling within paragraph (a) or (c) but not (d), (e) or (f) of section 192(1) of this Act) " ; and

(b)for the word "ten" there shall be substituted the word " fifteen ".

19Paragraph 18 above applies (and applies only) to a counter-notice served under section 194 of the Town and Country Planning Act 1971 after the passing of this Act.

Footpaths and bridleways affected by development

20The following subsection shall be inserted after subsection (4) of section 210 of that Act (footpaths and bridleways affected by development: orders by local planning authorities etc.): —

“(5)Where the planning permission relates to a transferred matter, as defined in section 86(11) of the Local Government, Planning and Land Act 1980, but was granted by a county planning authority before the transfer date, as so defined, this section shall have effect in relation to it as if—

(i)the words " the district planning " were substituted for the words " a competent " in subsections (1) and (2); and

(ii)subsection (4) were omitted.”

Statutory undertakers

21In section 224 of that Act (meaning of "the appropriate Minister" in relation to statutory undertakers) the following paragraph shall be inserted after subsection (1)(d): —

“(dd)in relation to statutory undertakers carrying on an undertaking for the supply of water, in the application of this Act to England, the Secretary of State for the Environment ;”.

Blight Notices—Advances

22In section 256 of that Act (assistance for acquisition of property where objection made to blight notice in certain cases) for the words "as may be approved by the Secretary of State" there shall be substituted the words " as the council may think fit ".

Isles of Scilly

23(1)Section 269 of that Act (application of Act to Isles of Scilly) shall apply to section 87 above as it applies to the provisions specified in Part I of Schedule 21 to that Act.

(2)The reference to sections 6 to 21 of the Town and Country Planning Act 1971 in Part II of Schedule 21 to that Act shall include a reference to the sections inserted in that Act by section 88 of this Act.

Local planning authorities in Greater London

24In Schedule 3 to that Act (local planning authorities in Greater London)—

(a)in paragraph 4, the word " 58 " shall be omitted; and

(b)the following paragraph shall be inserted after that paragraph:—

“4AThe Greater London Council shall, as respects any London borough, have concurrently with the council of that borough the functions of a district planning authority under section 58 of this Act.”.

Revocation of listed building consent

25In paragraph 12(1) of Schedule 11 to that Act (which relates to orders revoking or modifying listed building consent) paragraph (b) and the word " and " immediately preceding it shall cease to have effect.

Conservation areas

26(1)In section 277 of that Act (designation of conservation areas)—

(a)in subsection (2) (which requires a local planning authority, within such period as the Secretary of State may from time to time direct, to review their past exercise of functions relating to the designation of conservation areas and to determine whether any further areas should be so designated) for the words " within such period as the Secretary of State may from time to time direct " there shall be substituted the words " from time to time " ; and

(b)subsection (5)(a) (by virtue of which a London borough is required to consult the Greater London Council before making a determination under the section) and subsection (5)(b) (by virtue of which a district planning authority are required to consult the county council before making a determination under the section) shall cease to have effect.

(2)In section 277A of that Act (control of demolition in conservation areas) the following provisions namely—

(a)subsection (3) (which requires an application for consent to the demolition of a building to which the section applies to be made as a separate application or as part of an application for planning permission to redevelop the site of the building, but provides that consent to demolition shall not be taken to have been given as part of planning permission for redevelopment of the site unless the appropriate authority states that it includes consent to demolish the building); and

(b)in subsection (4) (which empowers the Secretary of State to direct that the section shall not apply to a description of buildings specified in the direction or to an individual building so specified), the words " or to an individual building so specified ",

shall cease to have effect.

(3)In section 277B(1) of that Act (which requires a local planning authority to formulate and publish, within such period as may from time to time be directed by the Secretary of State, proposals for the preservation and enhancement of any parts of their area which are conservation areas) for the words " within such period as may from time to time be directed by the Secretary of State " there shall be substituted the words " from time to time ".

27The following subsections shall be substituted for section 10(1) of the [1972 c. 42.] Town and Country Planning (Amendment) Act 1972 (grants and loans for preservation or enhancement of character or appearance of conservation areas): —

“(1)The Secretary of State may out of money provided by Parliament make grants or loans for the purpose of defraying in the whole or in part expenditure incurred or to be incurred in or in connection with, or with a view to the promotion of, the preservation or enhancement of the character or appearance of any conservation area or of any part of a conservation area, in any case where in his opinion the expenditure in question has made or will make a significant contribution towards preserving or enhancing the character or appearance of that area or part.

(1A)In subsection (1) of this section "conservation area" means any area designated as a conservation area under section 277 of the Act of 1971 (areas of special architectural or historic interest).”.

Buildings in town schemes

28The following section shall be inserted after section 10A of that Act: —

“10BGrants for repair of buildings in town schemes.

(1)The Secretary of State may, out of money provided by Parliament, make grants for the purpose of defraying in whole or in part any expenditure incurred or to be incurred in the repair of a building which—

(a)is comprised in a town scheme; and

(b)appears to him to be of architectural or historic interest.

(2)For the purposes of this section a building is comprised in a town scheme if—

(a)it is in an area designated as a conservation area under section 277 of the Act of 1971; and

(b)it is included in a town scheme list or shown on a town scheme map.

(3)In subsection (2) above—

• "town scheme list", means a list, compiled, after consultation with the appropriate advisory council, by the Secretary of State and one or more local authorities, of buildings which are to be the subject of a repair grant agreement; and

• " town scheme map " means a map, prepared after such consultation by the Secretary of State and one or more local authorities, showing buildings which are to be the subject of such an agreement.

(4)In subsection (3) above—

• " repair grant agreement" means an agreement between the Secretary of State and any authority who have participated in the compilation of a town scheme list or the preparation of a town scheme map under which the Secretary of State and the authority or authorities who have so participated have agreed that a specified sum of money shall be set aside for a specified period of years for the purpose of making grants for the repair of the buildings included in the town scheme list or shown on the town scheme map..

(5)A grant under this section may be made subject to conditions imposed by the Secretary of State for such purposes as he may think fit.

(6)Subject to subsection (7) below, before making any grant under this section the Secretary of State may consult with the appropriate advisory Council, both as to the making of the grant and as to the conditions subject to which it should be made.

(7)Subsection (6) above shall not apply where the making of a grant appears to the Secretary of State to be a matter of immediate urgency.

(8)The Secretary of State may pay any grant under this section to an authority participating in a town scheme and may make arrangements with any such authority for the way in which the scheme is to be administered.

(9)Arrangements under subsection (8) above may include such arrangements for the offer and payment of grants under this section as may be agreed between the Secretary of State and any authority or authorities participating in a town scheme.

(10)Section 2 of the Local Authorities (Historic Buildings) Act 1962 (recovery of grants made by local authorities on disposal of property within three years) shall apply to a grant made by the Secretary of State under this section as it applies to a grant for the repair of property made by a local authority under that Act; and any reference to a local authority in that section shall accordingly be construed, in relation to a grant under this section, as a reference to the Secretary of State.

(11)In this section—

• " the appropriate advisory Council " means—

  (a)

  in relation to a building in England, the Historic Buildings Council for England ; and

  (b)

  in relation to a building in Wales, the Historic Buildings Council for Wales; and

• " local authority " means—

  (a)

  a county council;

  (b)

  a district council;

  (c)

  a London borough council or the Common Council of the City of London;

  (d)

  the Greater London Council; and

  (e)

  the Council of the Isles of Scilly.”.

Section 93.

SCHEDULE 16Bodies to whom Part X applies

1A county council.

2A district council.

3The Greater London Council.

4A London borough council.

5The Common Council of the City of London.

6The Commission for the New Towns.

7A development corporation established under the [1965 c. 59.] New Towns Act 1965.

8An urban development corporation established under this Act

9The Housing Corporation.

10The British Airports Authority.

11The Civil Aviation Authority.

12British Shipbuilders.

13The British Steel Corporation.

14The National Coal Board.

15The British Broadcasting Corporation.

16The Independent Broadcasting Authority.

17The Post Office.

18Statutory undertakers. In paragraph 18 above " statutory undertakers" means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water:

Provided that where any persons carry on a business to the main purpose of which any such undertaking is merely ancillary those persons shall not be treated as statutory undertakers for the purposes of paragraph 18 above.

Section 101.

SCHEDULE 17Community Land Act

PART IPreliminary

1(1)In this Schedule "the 1975 Act" means the [1975 c. 77.] Community Land Act 1975.

(2)In this Schedule references to sections, Schedules and Parts are to those of the 1975 Act (unless the contrary is indicated).

(3)In this Schedule " the 1971 Act" means the [1971 c. 78.] Town and Country Planning Act 1971 and "the Scottish Act of 1972" means the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.

PART IIRepeals

2Subject to the following provisions of this Schedule, the 1975 Act shall be repealed on the passing of this Act.

3(1)The following provisions of the 1975 Act shall be repealed on the appointed day: —

• section 1 (authorities),

• section 2 (joint boards),

• in section 6, in subsection (1) the definitions of enactment, local authority and new town authority, and sub-section (6),

• section 7 and Schedule 2 (appointed days etc.),

• section 26 (compensation payable in transaction between certain authorities),

• section 40 (grants to authorities who buy or rent Crown land)

• section 43 (accounts and records),

• section 44 (community land surplus accounts), except (in subsection (3)) the words from " or (b)" to the end,

• section 51 (power to obtain information),

• section 52 (service of documents),

• section 53 (orders),

• section 54 (directions and consents),

• section 55 (local inquiries),

• section 56 (offences by corporations),

• section 57 (finance),

• section 58 (extent etc.).

(2)In sub-paragraph (1) above "the appointed day" means, in relation to any provision of the 1975 Act, the day appointed for its repeal by an order of the Secretary of State made by statutory instrument.

(3)Different days may be so appointed in relation to different provisions of the 1975 Act or for different purposes in relation to any such provision.

PART IIIProvisions Re-Enacted Etc

4Part XIV of this Act includes provisions re-enacting or superseding certain provisions of the 1975 Act (in particular, Part II) relating to the Land Authority for Wales.

5Each provision of the 1975 Act mentioned in column 1 below is re-enacted (in certain cases with modifications) in the corresponding provision of this Act mentioned in column 2—

PART IVSavings and Supplementary

General

6This Part of this Schedule contains savings and supplementary provisions in respect of certain provisions of the 1975 Act repealed by this Act.

Offences

7No repeal by section 101 above and this Schedule affects liability for any offence committed before the repeal takes effect.

Suspension of planning permission

8(1)Sub-paragraphs (2) to (5) below shall have effect in consequence of the repeal by this Act of section 22.

(2)Where planning permission has been suspended under section 19 or 20—

(a)no enforcement notice under Part V of the 1971 Act or under Part V of the Scottish Act of 1972 may be served after the passing of this Act if it could not have been served before then apart from section 22(1)

(b)if such a notice has been served before the passing of this Act and it could not have been served apart from section 22(1), the notice shall be disregarded (subject to paragraph 7 above, which has the effect of saving liability for an offence committed before the repeal of section 22(1)).

(3)Where planning permission has been suspended under section 19 or 20, in determining, after the passing of this Act, the value of any land for the purpose of compensation, section 22(2) and (3) shall be ignored.

(4)Where—

(a)planning permission has been suspended under section 19 or 20, and

(b)by virtue of section 22(6) the right to serve a blight notice has arisen in respect of an interest in any land (" the blighted land "). and

(c)a notice has been served in respect of the interest before the passing of this Act,

then, notwithstanding the repeal of section 22, section 192(1) of the 1971 Act (and in Scotland section 181(1) of the Scottish Act of 1972) shall continue to have effect as if the land specified therein included the blighted land.

(5)Where planning permission has been suspended under section 19 or 20 and a time limit is accordingly extended under section 22(7), the period of the extension shall expire on the ending of the suspension by virtue of this Act (if it has not expired before then).

Land Authority for Wales

9The following provisions of this Schedule do not apply to the Land Authority for Wales (in relation to which Schedule 22 below contains savings etc.).

Land

10(1)This paragraph applies where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act.

(2)In that case, section 15 shall continue to apply as it applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

11(1)Where, immediately before the passing of this Act, an authority holds land for the purposes of Part III, the land shall on the passing of this Act be treated as follows.

(2)Land held by the council of a county, district or London borough, the Common Council of the City of London, the Greater London Council or the Council of the Isles of Scilly shall be treated as if it had been acquired by the council concerned for planning purposes (within the meaning of section 133(1) of the 1971 Act).

(3)Land held by a regional, general or district planning authority shall be treated as if it had been acquired by the authority concerned for planning purposes (within the meaning of section 122(1) of the Scottish Act of 1972).

(4)Land held by a new town authority (that is, a development corporation as defined in section 2 of the [1965 c. 59.] New Towns Act 1965, or in section 2 of the [1968 c. 16.] New Towns (Scotland) Act 1968) shall be treated as if it had been acquired by the authority under that Act.

(5)Land held by the Peak Park Joint Planning Board or the Lake District Special Planning Board shall be treated as if it had been acquired by the Board concerned under section 119 of this Act

General duties of authorities

12(1)Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal of section 17 and Schedule 6.

(2)In exercising any function after the passing of this Act an authority need not have regard to the matters specified in section 17 and Schedule 6.

(3)In disposing, or agreeing to dispose, of an interest in land after the passing of this Act, an authority need not have regard to an application (whenever made) under paragraph 2 of Schedule 6.

Planning permission for relevant development

13(1)Sub-paragraphs (2) to (8) below shall have effect in consequence of the repeal by this Act of sections 19 and 20 and Schedule 7.

(2)Where an election is made under section 19(2) before the passing of this Act, an authority on whom the notice is served need not—

(a)send a copy to any other authority under section 19(2), or

(b)serve a notice under paragraph 4 of Schedule 7 (notice about intention to acquire).

(3)Where an application is made before the passing of this Act for planning permission to which section 20 applied immediately before the passing of this Act, an authority need not serve a notice under paragraph 5 of Schedule 7.

(4)An authority who have before the passing of this Act abandoned their power to purchase land (as mentioned in section 19(5) or 20(2)) are not prevented by section 19(5) or 20(2) from acquiring the land under the 1971 Act or under the Scottish Act of 1972 in pursuance of a compulsory purchase order.

(5)Planning permission suspended before the passing of this Act by virtue of section 19(6) or 20(3) shall on the passing of this Act no longer be suspended.

(6)Any notice served under paragraph 4 or 5 of Schedule 7 before the passing of this Act shall cease to be a local land charge on the passing of this Act; and where any such notice has been registered as a local land charge the registration shall, without prejudice to any rules made under the [1975 c. 76.] Local Land Charges Act 1975, be cancelled accordingly.

(7)No authority is under a duty to serve a notice under paragraph 6 of Schedule 7 after the passing of this Act.

(8)After the passing of this Act, no copy of an application or notification (in each case, whenever made) need be sent under Part UJ. of Schedule 7 (transmission of information).

Disposal notification areas

14Any saving having effect immediately before the passing of this Act by virtue of paragraph 7 of Schedule 8 shall continue to have effect notwithstanding the repeal of that paragraph by this Act

Direction to dispose of land

15The repeal by this Act of section 45 does not affect a direction made under that section before the passing of this Act

Section 102.

SCHEDULE 18The Land Authority for Wales

1The Land Authority for Wales shall by that name be a body corporate and shall consist of such number of members, not less than six and not exceeding nine, as the Secretary of State may from time to time determine.

2(1)The members shall be appointed by the Secretary of State, who shall appoint one of them to be chairman of the Authority and may appoint another to be deputy chairman.

(2)Four offices as members of the Authority shall be held by persons appointed by the Secretary of State after consultation with such organisations as appear to him to be representative of local authorities in Wales.

3(1)Subject to the provisions of this paragraph, a member of the Authority, and the chairman and deputy chairman, shall hold and vacate office in accordance with the terms of his appointment.

(2)A member may by notice in writing addressed to the Secretary of State resign his membership and the chairman or deputy chairman may by the like notice resign his office.

(3)The Secretary of State may remove a person from membership if satisfied that he—

(a)has become bankrupt or made an arrangement with his creditors; or

(b)is incapacitated by physical or mental illness ; or

(c)has been absent from more than six consecutive meetings of the Authority otherwise than for a reason approved by the Secretary of State; or

(d)is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member.

(4)A person who ceases to be a member, or ceases to be chairman or deputy chairman, shall be eligible for re-appointment.

(5)If the chairman or deputy chairman ceases to be a member of the Authority he shall also cease to be chairman or deputy chairman.

(6)A person may hold all or any of the following offices at the same time, that is secretary or other officer of the Authority, member of the Authority and deputy chairman of the Authority; and a person holding the office of chairman of the Authority may hold any other office except that of secretary or deputy chairman.

4The Authority, with the approval of the Secretary of State, may appoint a secretary of the Authority, and such other officers and servants as the Authority may, after consultation with the Secretary of State and with the consent of the Minister, determine.

5(1)The Authority shall pay to members of the Authority such remuneration and allowances as may be determined by the Secretary of State with the consent of the Minister.

(2)In the case of any such person as the Secretary of State may with the consent of the Minister determine, the Authority shall pay such pension, allowance or gratuity to or in respect of him, or make such payment towards the provision of such a pension, allowance or gratuity, as may be so determined.

(3)If a person ceases to be a member of the Authority, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, with the consent of the Minister, require the Authority to pay to that person a sum of such amount as the Secretary of State may with the consent of the Minister determine.

(4)As soon as practicable after the making of any determination under sub-paragraph (2) or sub-paragraph (3) of this paragraph the Secretary of State shall lay a statement thereof before each House of Parliament.

Staff

6The Authority shall pay to its officers and servants such remuneration and allowances as it may, after consultation with the Secretary of State and with the consent of the Minister, determine.

7(1)The Authority shall, in the case of such of the persons employed by it as may be determined by the Authority with the consent of the Secretary of State given with the approval of the Minister, pay such pensions, allowances or gratuities to or in respect of those persons as may be so determined, make such payments towards the provision of such pensions, allowances or gratuities as may be so determined or provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be so determined.

(2)Where a person employed by the Authority and participating in a scheme for the payment of pensions, allowances or gratuities which is applicable to such persons becomes a member of the Authority, his service as a member may be treated for the purposes of the scheme as service as a person employed by the Authority.

Proceedings and instruments

8(1)Subject to the following provisions of this Schedule the Authority shall have power to regulate its own procedure.

(2)The quorum at meetings of the Authority shall be four.

9(1)A member of the Authority who is in any way directly or indirectly interested in any land which is the subject of a transaction entered into or proposed to be entered into by the Authority shall disclose the nature of his interest at a meeting of the Authority; and the disclosure shall be recorded in the minutes of the Authority, and the member shall not take any part in any deliberation or decision of the Authority with respect to the transaction.

(2)For the purposes of sub-paragraph (1) above a general notice given at a meeting of the Authority by a member of the Authority to the effect that he is a member of a specified company or firm and is to be regarded as interested in any transaction which may, after the date of the notice, be entered into in relation to that company or firm, shall be regarded as a sufficient disclosure of his interest in relation to any such transaction.

(3)A member of the Authority need not attend in person at a meeting of the Authority in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.

10The proceedings of the Authority shall not be invalidated by any vacancy in the number of their members or by any defect in the appointment of any person as a member or chairman or deputy chairman or by any failure to comply with the requirements of paragraph 9 above.

11The seal of the Authority shall be authenticated by the signature of the secretary or of any person authorised by the Authority to act in that behalf.

12A certificate signed by the secretary that any instrument purporting to be made or issued by or on behalf of the Authority was so made or issued shall be conclusive evidence of that fact.

13Every document purporting—

(a)to be an instrument made or issued by or on behalf of the Authority and to be sealed with the seal of the Authority authenticated in the manner provided by paragraph 11 above, or to be signed or executed by the secretary or any person authorised by the Authority to act in that behalf, or

(b)to be such a certificate as is mentioned in paragraph 12 above,

shall be received in evidence and be deemed without further proof to be so made or issued or to be such a certificate, unless the contrary is shown.

Supplemental

14(1)A person dealing with the Authority, or with a person claiming under the Authority, shall not be concerned to inquire—

(a)whether any directions have been given to the Authority under this Act or whether any directions so given have been complied with, or

(b)whether the consent or approval of the Secretary of State or the Minister required for any of the purposes of this Act has been given, or whether any condition or limitation subject to which any such consent or approval was given has been complied with,

and, in favour of any such person, the validity of anything done by the Authority shall not be affected by anything contained in any such direction, consent or approval or by reason that any such direction, consent or approval has not been given.

(2)Without prejudice to sub-paragraph (1) above, the validity of a compulsory purchase order made by the Authority shall not be affected by anything contained in a direction given under section 102(4) above or by reason that any such direction has not been complied with.

15In this Schedule "the Minister" means the Minister for the Civil Service.

Section 103.

SCHEDULE 19Public Authorities

1The public authorities for the purposes of section 103(5) above are—

(a)a county council,

(b)a district council,

(c)a community council,

(d)a Government department,

(e)the Welsh Development Agency,

(f)the Development Board for Rural Wales,

(g)a development corporation of a new town whose area (as designated by an order under section 1 of the [1965 c. 59.] New Towns Act 1965) is wholly or partly situated in Wales,

(h)any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry, and

(j)statutory undertakers.

2In paragraph 1 above " statutory undertakers" means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water.

3(1)The Secretary of State may by order made by statutory instrument direct that any public authority, body or undertakers not specified in paragraph 1 above shall be treated as a public authority for the purposes of section 103(5) above.

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

Section 104.

SCHEDULE 20Land Authority for Wales: Acquisition of Land

PART IModifications of 1946 Act

1The 1946 Act shall apply in relation to the compulsory acquisition of land under section 104 above with the modifications made by the following provisions of this Part of this Schedule.

2(1)Where a compulsory purchase order of the Authority authorising the acquisition of any land is submitted to the Secretary of State in accordance with Part I of Schedule 1 then, if the Secretary of State—

(a)is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised therein, but

(b)has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land,

he may confirm the order so far as it relates to the land mentioned in paragraph (a) above, and give directions postponing the consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified.

(2)Where the Secretary of State gives directions under subparagraph (1) above, the notices required by paragraph 6 of Schedule 1 to be published and served shall include a statement of the effect of the directions.

3(1)Notwithstanding anything in paragraph 10 of Schedule 1, a compulsory purchase order under section 104 above authorising the acquisition of land which has been acquired by statutory undertakers for the purpose of their undertaking may be confirmed without a certificate under that paragraph.

In this sub-paragraph "statutory undertakers " has the meaning given by the 1946 Act, and includes any authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of that Act.

(2)Except where the appropriate Minister's certificate is given, a compulsory purchase order to which this paragraph applies shall be of no effect unless it is confirmed by the appropriate Minister jointly with the Minister or Ministers who would apart from this sub-paragraph have power to confirm it.

In this sub-paragraph "the appropriate Minister's certificate" means such a certificate as is mentioned in paragraph 10 of Schedule 1.

(3)Sections 238 to 240 of the 1971 Act (measure of compensation for statutory undertakers) shall apply in respect of a compulsory acquisition which is effected by a compulsory purchase order which by virtue of this paragraph is confirmed without a certificate.

4Where the compulsory purchase order was made by the Authority—

(a)a notice under paragraph 3(1)(b) of Schedule 1 (notice specifying the time for making objections) shall be served on the local authorities within whose areas the land is situated,

(b)those local authorities shall have a right to object in accordance with the notice,

(c)the references in paragraph 4 of that Schedule to objections made by an owner, lessee or occupier shall include references to an objection made by such a local authority.

PART IIAcquisition of Land by Agreement

5The provisions of Part I of the [1965 c. 56.] Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under section 104 above; and in the said Part I as so applied " land " shall have the meaning given by Schedule 1 to the [1978 c. 30.] Interpretation Act 1978.

PART IIISupplemental Provisions

Extinguishment of rights over land compulsorily acquired

6(1)Subject to the provisions of this paragraph, upon the completion by the Authority of a compulsory acquisition of land under section 104 above all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and any such apparatus shall vest in the Authority.

(2)Sub-paragraph (1) above shall not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking.

(3)In respect of any right or apparatus not falling within subparagraph (2) above, sub-paragraph (1) above shall have effect subject—

(a)to any direction given by the Authority before the completion of the acquisition that sub-paragraph (1) above shall not apply to any right or apparatus specified in the direction; and

(b)to any agreement which may be made (whether before or after the completion of the acquisition) between the Authority and the person in or to whom the right or apparatus in question is vested or belongs.

(4)Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the Authority.

(5)Any compensation payable under this paragraph shall be determined in accordance with the [1961 c. 33.] Land Compensation Act 1961.

Power to override easements and other rights

7(1)The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired by the Authority under section 104 above, whether done by the Authority or by a person deriving title under it, is authorised by virtue of this paragraph if it is done in accordance with planning permission notwithstanding that it involves interference with an interest or right to which this paragraph applies, or involves a breach of a restriction as to the user of land arising by virtue of a contract.

(2)Nothing in this paragraph shall authorise interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.

(3)This paragraph applies to the following interests and rights, that is to say, any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

(4)In respect of any interference or breach in pursuance of subparagraph (1) above, compensation shall be payable under section 7 or 10 of the [1965 c. 56.] Compulsory Purchase Act 1965, and shall be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase to which the said Act of 1965 applies, or the injury arises from the execution of works on land acquired by such a purchase.

(5)Where a person deriving title under the Authority is liable to pay compensation by virtue of sub-paragraph (4) above, and fails to discharge that liability, the liability shall, subject to sub-paragraph (6) below, be enforceable against the Authority.

(6)Nothing in sub-paragraph (5) above shall be construed as affecting any agreement between the Authority and any other person for indemnifying the Authority against any liability under that subparagraph.

(7)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1) above.

(8)In this paragraph—

(a)a reference to a person deriving title from another person includes a reference to any successor in title of that other person;

(b)a reference to deriving title is a reference to deriving title either directly or indirectly.

Use and development of consecrated land and burial grounds

8(1)Any consecrated land, whether or not including a building, which has been acquired by the Authority under section 104 above may, subject to the following provisions of this paragraph, be used by any person in any manner in accordance with planning permission, notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.

(2)Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground.

(3)Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land (not being consecrated land) acquired by the Authority under section 104 above, which at the time of acquisition included a church or other building used or formerly used for religious worship or the site thereof, shall be subject to compliance with the requirements of regulations made by the Secretary of State for the purposes of this paragraph with respect to the removal and re-interment of any human remains, and the disposal of monuments and fixtures and furnishings.

(4)Any use of consecrated land authorised by sub-paragraph (1) above shall be subject to such provisions as may be prescribed by such regulations for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land.

(5)Any regulations made for the purposes of this paragraph-

(a)shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;

(b)shall contain requirements relating to the disposal of any such land as is mentioned in sub-paragraphs (3) and (4) above such as appear to the Secretary of State requisite for securing that the provisions of those sub-paragraphs shall be complied with in relation to the use of the land; and

(c)may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear to the Secretary of State to be expedient for the purposes of the regulations.

(6)Any land consisting of a burial ground or part of a burial ground, which has been acquired as mentioned in sub-paragraph (1) above, may be used by any person in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.

(7)Sub-paragraph (6) above shall not have effect in respect of any land which has been used for the burial of the dead until the requirements prescribed by regulations made under this paragraph with respect to the removal and re-interment of human remains, and the disposal of monuments, in or upon the land have been complied with.

(8)Provision shall be made by any regulations made for the purposes of this paragraph—

(a)for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and re-interment of any human remains or the disposal of any monuments;

(b)for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and re-interment of the remains of the deceased, and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, re-interment and disposal, not exceeding such amount as may be prescribed;

(c)for requiring compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal, and the place and manner of re-interment of any human remains, and the disposal of any monuments, and with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains.

(9)Subject to the provisions of regulations made under this paragraph, no faculty shall be required for the removal and re-interment in accordance with the regulations of any human remains, or for the removal or disposal of any monuments, and the provisions of section 25 of the [1857 c. 81.] Burial Act 1857 (prohibition of removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the regulations.

(10)Regulations under this paragraph shall be subject to annulment by a resolution of either House of Parliament.

(11)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in subparagraph (1) or (6) above.

(12)In this paragraph " burial ground " includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and " monument " includes a tombstone or other memorial.

Use and development oj land for open spaces

9(1)Any land being, or forming part of, a common or open space or fuel or field garden allotment, which has been acquired by the Authority under section 104 above may be used by any person in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.

(2)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment as is mentioned in sub-paragraph (1) above.

Saving for paragraphs 8 and 9

10(1)This paragraph applies as respects paragraphs 8 and 9 above.

(2)In relation to any authority or body corporate, nothing in the said paragraphs shall be construed as authorising any act or omission on their part in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the authority or body.

(3)Any power conferred by the said paragraphs to use land in a manner therein mentioned shall be construed as a power to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not.

Construction of the Compulsory Purchase Acts in relation to this Part of this Act

11In construing the [1965 c. 56.] Compulsory Purchase Act 1965 in relation to section 104 above—

(a)references to the execution of works shall be construed as including references to any erection, construction or carrying out of buildings or works authorised by paragraph 7 of this Schedule;

(b)in relation to the erection, construction or carrying out of any buildings or works so authorised, references in section 10 of the said Act of 1965 to the acquiring authority shall be construed as references to the persons by whom the buildings or works in question are erected, constructed or carried out.

Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers

12(1)Where any land has been acquired by the Authority under section 104 above and—

(a)there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over that land ; or

(b)there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking,

the Authority, if satisfied that the extinguishment of the right or, as the case may be, in the removal of the apparatus, is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice stating that, at the end of the period of 28 days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of that period, the apparatus shall be removed.

(2)The statutory undertakers on whom a notice is served under sub-paragraph (1) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the Authority stating that they object to all or any provisions of the notice and specifying the grounds of their objection.

(3)If no counter-notice is served under sub-paragraph (2) above—

(a)any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice ; and

(b)if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the Authority may remove the apparatus and dispose of it in any way it may think fit.

(4)If a counter-notice is served under sub-paragraph (2) above on the Authority, the Authority may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph embodying the provisions of the notice with or without modification.

(5)Where by virtue of this paragraph any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the Authority.

(6)Sections 238 and 240 of the 1971 Act (measure of compensation for statutory undertakers) shall apply to compensation under subparagraph (5) above as they apply to compensation under section 237(2) of the 1971 Act.

Orders under paragraph 12

13(1)Before making an order under paragraph 12(4) above the Ministers proposing to make the order—

(a)shall afford to the statutory undertakers on whom notice was served under paragraph 12(1) above an opportunity of objecting to the application for the order ; and

(b)if any objection is made, shall consider the objection and afford to those statutory undertakers and to the Authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State and the appropriate Minister for the purpose,

and may then, if they think fit, make the order in accordance with the application either with or without modification.

(2)Where an order is made under paragraph 12(4) above—

(a)any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and

(b)if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the Authority may remove the apparatus and dispose of it in any way it may think fit.

Notice for same purposes as paragraph 12 but given by statutory undertakers to Authority

14(1)Subject to the provisions of this paragraph, where any land has been acquired by the Authority under section 104 above and—

(a)there is on, under or over the land apparatus vested in or belonging to statutory undertakers ; and

(b)the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,

the undertakers may serve on the Authority a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

(2)Where, after the land has been acquired as mentioned in subparagraph (1) above, development of the land is begun to be carried out, no notice under this paragraph shall be served later than 21 days after the beginning of the development.

(3)Where a notice is served under this paragraph, the Authority may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice stating that it objects to all or any of the provisions of the notice and specifying the grounds of its objection.

(4)If no counter-notice is served under sub-paragraph (3) above, the statutory undertakers shall, after the end of the said period of 28 days, have the rights claimed in their notice.

(5)If a counter-notice is served under sub-paragraph (3) above, the statutory undertakers who served the notice under this paragraph may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.

(6)Where by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the Authority for the works to be carried out by the Authority, under the superintendence of the undertakers, instead of by the undertakers themselves.

(7)Where works are carried out for the removal or re-siting of statutory undertakers' apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the Authority.

(8)Sections 238 and 240 of the 1971 Act (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (7) above as they apply to compensation under section 237(3) of the 1971 Act.

Rights of entry

15(1)Any person, being an officer of the Valuation Office of the Inland Revenue Department or a person duly authorised in writing by the Authority, may at any reasonable time enter any land for the purposes of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, under section 104 above, or in connection with any claim for compensation in respect of any such acquisition.

(2)Any person duly authorised in writing by the Authority may at any reasonable time enter upon any land for the purpose of surveying it in order to enable the Authority to determine whether to make an application for planning permission for the carrying out of development of that land.

(3)Subject to the provisions of paragraph 16 below, any power conferred by this paragraph to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein.

16(1)A person authorised under paragraph 15 above to enter any land shall if so required, produce evidence of his authority before so entering, and shall not demand admission as of right to any land which is occupied unless 24 hours' notice of the intended entry has been given to the occupier.

(2)Any person who wilfully obstructs a person acting in the exercise of his powers under paragraph 15 above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

(3)If any person who, in compliance with the provisions of paragraph 15 above, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises, be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine, or both.

In this sub-paragraph " the statutory maximum " means the prescribed sum within the meaning of section 28 of the [1977 c. 45.] Criminal Law Act 1977 (at the passing of this Act £1,000) or, after the commencement of the [1980 c. 43.] Magistrates' Courts Act 1980, within the meaning of section 32 of that Act.

(4)Where any land is damaged in the exercise of a right of entry conferred under paragraph 15 above or in the making of any survey for the purpose of which any such right of entry has been so conferred, compensation in respect of that damage may be recovered by any person interested in the land from the Secretary of State or the Authority.

(5)Except in so far as may be otherwise provided by regulations made by the Secretary of State under this sub-paragraph, any question of disputed compensation under sub-paragraph (4) above shall be referred to and determined by the Lands Tribunal.

In relation to the determination of any question under this subparagraph, the provisions of sections 2 and 4 of the [1961 c. 33.] Land Compensation Act 1961 shall apply, subject to any necessary modifications and to the provisions of any regulations under this sub-paragraph.

(6)Where under paragraph 15 above a person proposes to carry out any works authorised by sub-paragraph (3) of that paragraph—

(a)he shall not carry out those works unless notice of his intention to do so was included in the notice required by subparagraph (1) of this paragraph, and

(b)if the land in question is held by statutory undertakers and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the appropriate Minister.

Displacement of Rent Acts

17If the Secretary of State certifies that possession of a house which has been acquired by the Authority under section 104 above, and is for the time being held by the Authority for the purposes for which it was acquired, is immediately required for those purposes, nothing in the [1977 c. 42.] Rent Act 1977 shall prevent the Authority from obtaining possession of the house.

Section 106.

SCHEDULE 21Land Authority for Wales: Further Provisions

Borrowing powers

1(1)The Authority may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions—

(a)in sterling from the Secretary of State, or

(b)with the consent of the Secretary of State, or in accordance with any general authority given by the Secretary of State, in sterling from a person other than the Secretary of State.

(2)The Authority may borrow otherwise than by way of temporary loan such sums in sterling as the Authority may require from the Secretary of State.

(3)The aggregate amount outstanding by way of the principal of any money borrowed by the Authority under this paragraph shall not exceed £20 million.

(4)The Authority shall not borrow money otherwise than under this paragraph.

(5)The Secretary of State may lend to the Authority any sums which the Authority has power to borrow from him, and any such loan shall be repaid to the Secretary of State at such times and by such methods, and interest on the loan shall be paid to him at such rates and at such times, as he may from time to time determine.

(6)The Treasury may issue out of the National Loans Fund to the Secretary of State such sums as are necessary to enable him to make loans in pursuance of this paragraph, and any sums received by the Secretary of State in pursuance of sub-paragraph (5) above shall be paid into that Fund.

(7)References in this paragraph to the Secretary of State are references to him acting with the approval of the Treasury.

Guarantees

2(1)The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of and the payment of interest on any sums which the Authority borrows from a person other than the Secretary of State.

(2)Immediately after a guarantee is given under this paragraph the Treasury shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling the guarantee so given the Treasury shall, as soon as practicable after the end of each financial year (beginning with that in which the sum is issued and ending with that in which all liability in resect of the principal of the sum and in respect of interest thereon is finally discharged), lay before each House of Parliament a statement relating to that sum.

(3)Any sums required by the Treasury for fulfilling a guarantee under this paragraph shall be charged on and issued out of the Consolidated Fund.

(4)If any sums are issued in fulfilment of a guarantee given under this paragraph, the Authority shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rates as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.

(5)Any sums received by the Treasury in pursuance of subparagraph (4) above shall be paid into the Consolidated Fund.

Accounts and audit

3(1)The Authority shall—

(a)keep proper accounts and proper records in relation to the accounts, and

(b)prepare in respect of each accounting year a statement of accounts, in such form as the Secretary of State may with the approval of the Treasury require, showing the state of affairs and the profit or loss of the Authority, and

(c)on or before 30th November in any year transmit to the Comptroller and Auditor General the statement of accounts of the Authority for the accounting year last ended.

(2)The Comptroller and Auditor General shall examine and certify the statement of accounts transmitted to him under subparagraph (1) above, and lay copies of it together with his report thereon before each House of Parliament.

(3)The Secretary of State shall for each financial year prepare, in such form and manner as the Treasury may approve, an account of—

(a)sums issued to the Secretary of State in pursuance of paragraph 1 above (or section 10 of the 1975 Act), and the disposal by the Secretary of State of those sums ;

(b)sums required to be paid into the National Loans Fund in pursuance of paragraph 1 above (or section 10 of the 1975 Act);

and shall send a copy of the account to the Comptroller and Auditor General not later than the end of November next following that year; and the Comptroller and Auditor General shall examine, certify and report on the account and shall lay copies of it and of his report on it before Parliament.

Accounts and records about land

4(1)The Authority shall—

(a)keep such accounts and records, and

(b)prepare and submit to the Secretary of State such statements of account,

relating to the acquisition, holding and disposal of land as the Secretary of State may with the approval of the Treasury direct.

(2)Directions under sub-paragraph (1) above may in particular relate to—

(a)the items which are or are not to be included in the accounts, and the kinds of transactions which are to be recorded, and

(b)the form and manner in which the statements of accounts are to be prepared and the times at which they are to be submitted to the Secretary of State.

(3)Money to be credited to an account kept under this paragraph shall not be applied by the Authority for any purpose without the consent of the Secretary of State.

(4)Where any item debited to an account kept under this paragraph has been defrayed by borrowing, the Authority shall not be required, notwithstanding anything in any enactment, to make any annual provision for the repayment of the capital.

(5)The Authority shall supply the Secretary of State—

(a)with such information as the Secretary of State may specify to enable him to ascertain the state of any account or record kept, or to verify any statement of account submitted to him, under this paragraph, and

(b)with such certificates supporting the information as the Secretary of State may specify.

(6)The Secretary of State may publish in such manner as appears to him appropriate—

(a)statements of account submitted to him under this paragraph, and

(b)any information obtained by him under sub-paragraph (5) above.

Surplus accounts

5(1)The Secretary of State may, with the approval of the Treasury and after consulting the Authority, direct that any statement of account which—

(a)is submitted to him under paragraph 4 above for any financial year, and

(b)is of a kind specified in the direction,

shall be a surplus account.

(2)So much of any surplus in a surplus account as the Secretary of State with the approval of the Treasury directs shall be paid by the Authority to the Secretary of State.

(3)The remainder of the surplus (if any) shall be applied by the Authority for any purpose for which capital money may be properly applied.

(4)The Secretary of State shall for each financial year prepare, in such form and manner as the Treasury may approve, an account of the sums received by him under this paragraph.

(5)The Secretary of State shall, on or before 30th November in any year, transmit to the Comptroller and Auditor General the said account for the financial year last ended.

(6)The Comptroller and Auditor General shall examine and certify the account submitted to him, and lay copies of it together with his report before each House of Parliament.

Reports

6(1)The Authority shall as soon as practicable after the end of each accounting year make to the Secretary of State a report on the exercise of its functions during that year.

(2)The report for any accounting year—

(a)shall set out any direction given to the Authority under this Part of this Act, unless the Secretary of State has notified to the Authority his opinion that it should be omitted in the interests of national security, and

(b)shall include such information relating to the plans, and past and present activities, of the Authority and the financial position of the Authority as the Secretary of State may from time to time direct.

(3)There shall be attached to the report for each accounting year a copy of the statements of accounts in respect of that year.

(4)The Secretary of State shall lay before Parliament copies of each report made to him under sub-paragraph (1) above.

Register of land holdings

7(1)The Secretary of State may by regulations provide for the keeping of a register by the Authority recording its acquisitions, holdings and disposals of land.

(2)Regulations under this paragraph may prescribe—

(a)the kinds of land and the kinds of transactions to be registered,

(b)the form of the registers, and the particulars to be contained in them,

(c)the circumstances in which, and conditions subject to which, the registers are to be open to public inspection.

Information

8(1)Where, with a view to performing a function conferred on the Authority by this Part of this Act, the Authority considers that it ought to have information connected with any land, the Authority may serve on one or more of the following persons, namely—

(a)the occupier of the land ; and

(b)any person who has an interest in the land either as freeholder, mortgagee or lessee or who directly or indirectly receives rent for the land ; and

(c)any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it,

a notice specifying the land and the function and the provision which confers the function and requiring the recipient of the notice to furnish to the Authority, within a period specified in the notice (which shall not be less than 14 days beginning with the day on which the notice is served), the nature of his interest in the land and the name and address of each person whom the recipient of the notice believes to be the occupier of the land and of each person whom he believes to be, as respects the land, such a person as is mentioned in paragraphs (b) and (c) above.

(2)A person who—

(a)fails (without reasonable excuse) to comply with the requirements of a notice served on him in pursuance of subparagraph (1) above ; or

(b)in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500.

9(1)Every local authority in Wales shall supply the Authority—

(a)with such information as the Secretary of State may by regulations prescribe for the purposes of this paragraph (being information the Authority may need for the purpose of performing its functions), and

(b)with such certificates supporting the information as the Secretary of State may in the regulations specify.

(2)If a district council in Wales receives an application for planning permission made after the passing of this Act, the council shall as soon as practicable after receipt send a copy of the application to the Authority.

(3)In Wales on any grant after the passing of this Act of planning permission, the local planning authority (or as the case may be the Secretary of State) shall as soon as practicable send a copy of the notification of the planning permission to the Authority.

(4)Sub-paragraphs (2) and (3) above shall not apply if and so far as the Authority directs.

Service of documents

10Sections 231 and 233 of the [1972 c. 70.] Local Government Act 1972 (service of documents on local authorities, and by local authorities) shall apply as if the Authority were a local authority.

Regulations and orders

11(1)The Secretary of State may make regulations for prescribing the form of—

(a)any document required or authorised by or under this Part of this Act to be given to or served on the Authority, and

(b)any document authorised or required by or under this Part of this Act to be given, served, made or issued by the Authority.

(2)Any power—

(a)to make orders under any provision of this Part of this Act other than paragraph 12(4) and 14(5) of Schedule 20, and

(b)to make regulations under any provision of this Part of this Act,

shall be exercisable by statutory instrument.

(3)Any regulation or order under this Part of this Act—

(a)may make different provision for different areas or other different cases;

(b)may include transitional and other supplemental and incidental provisions.

Directions and consents

12Any direction or consent given by the Secretary of State under this Part of this Act may be—

(a)either general or limited to any particular case or class of case ;

(b)in any of the instances mentioned in sub-paragraph (a) above, unconditional or subject to conditions,

and any such direction or consent may be varied or revoked by him.

Local inquiries

13Section 250 of the Local Government Act 1972 shall extend to any public local inquiry held under the 1946 Act, by virtue of this Part of this Act, as if the Authority were a local authority.

Exclusion of special parliamentary procedure

14(1)The 1946 Act shall apply to any compulsory acquisition of an interest in land where—

(a)the notice of the making or preparation in draft of a compulsory purchase order is first duly published after the passing of this Act, and

(b)the acquisition is by the Authority under section 104 above,

subject to the modification made by this paragraph.

(2)Paragraph 9 of Schedule 1 to the 1946 Act (special parliamentary procedure for acquisitions from local authorities, statutory undertakers and National Trust) shall not apply to the acquisition except where the interest belongs to the National Trust.

Crown land

15(1)Notwithstanding the Crown or Duchy interest a private interest in Crown land may, with the consent in writing of the appropriate authority, be acquired compulsorily under section 104 above.

(2)In this paragraph " Crown land " means land in which there is a Crown interest or a Duchy interest, and—

(a)" Crown interest" means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department,

(b)" Duchy interest" means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall,

(c)"private interest" means an interest which is not a Crown interest or a Duchy interest,

and " appropriate authority" in relation to Crown land shall be determined in accordance with section 266(7) of the 1971 Act.

Offences by corporations

16(1)Where an offence under this Part of this Act which has been committed by a body corporate is proved, to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and liable to be proceeded against accordingly.

(2)Where the affairs of a body corporate are managed by its members, this section shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of a body corporate.

Section 110.

SCHEDULE 22Supplementary Provisions (Wales)

Loans

1Any sum borrowed under section 10 of the 1975 Act, and outstanding immediately before the passing of this Act, shall be treated as borrowed under paragraph 1 of Schedule 21 above.

Guarantees

2Any guarantee given under section 11 of the 1975 Act and having effect immediately before the passing of this Act shall have effect as if given under paragraph 2 of Schedule 21 above, and sums issued under section 11 shall be treated accordingly.

Accounts etc.

3(1)Entries contained immediately before the passing of this Act in an account or record kept by the Authority under section 12 of the 1975 Act shall on the passing of this Act cease to be so contained but, as soon as practicable after accounts and records are opened under paragraph 3 of Schedule 21 above, corresponding entries shall be made in those accounts and records.

(2)Entries contained immediately before the passing of this Act in an account or record kept by the Authority under section 43 of the 1975 Act shall on the passing of this Act cease to be so contained but, as soon as practicable after accounts and records are opened under paragraph 4 of Schedule 21 above, corresponding entries shall be made in those accounts and records.

(3)Paragraphs 3, 4 and 5 of Schedule 21 above shall then have effect accordingly.

Land

4Where before the passing of this Act a binding contract has been made by the Authority to dispose of or acquire land, section 14 or (as the case may be) 15 of the 1975 Act shall continue to apply as they applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

5(1)A compulsory purchase order made by the Authority before the passing of this Act shall (subject to sub-paragraph (2) below) be disregarded on the passing of this Act.

(2)Where a compulsory purchase order has been made by the Authority and submitted to the confirming authority for confirmation before the passing of this Act, section 15 of the 1975 Act shall continue to apply as it applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

Staff

6(1)A person who was a member, officer or servant of the Authority immediately before the passing of this Act shall continue to be a member, officer or servant as if appointed under this Part of this Act.

(2)Nothing in this Act shall put a person in a worse position as regards his appointment

(3)The Secretary of State may, with the consent of the Minister for the Civil Service, make regulations requiring the Authority to pay (in such cases and to such extent as may be determined by or under the regulations) compensation to or in respect of any such person who, after the passing of this Act and as a result of the changes in the Authority's functions arising from this Part of this Act, ceases to be a member, officer or servant of the Authority or suffers a loss or diminution of emoluments or pension rights.

Rights and liabilities

7Rights and liabilities vested in the Authority immediately before the passing of this Act shall remain vested in the Authority and (subject to paragraphs 8 and 9 below) be treated as if they had been acquired or incurred under this Part of this Act.

8Where a right was acquired by the Authority before the passing of this Act, and could not have been acquired under this Part of this Act, it may be enforced by the Authority as if this Act had not been passed.

9Where a liability was incurred by the Authority before the passing of this Act, and could not have been incurred under this Part of this Act, it may be enforced against the Authority as if this Act had not been passed.

Property

10Property vested in the Authority immediately before the passing of this Act, and property later acquired by the Authority by virtue of any of the preceding provisions of this Schedule, shall be treated as if it were acquired by the Authority for the purposes of this Part of this Act.

General duties

11(1)Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal of section 17 of and Schedule 6 to the 1975 Act.

(2)In exercising its functions after the passing of this Act the Authority shall have regard to section 103 above and need not have regard to the matters specified in section 17 of and Schedule 6 to the 1975 Act.

(3)In disposing, or agreeing to dispose, of an interest in land after the passing of this Act, the Authority need not have regard to an application (whenever made) under paragraph 2 of Schedule 6 to the 1975 Act.

Planning permission for relevant development

12(1)Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal by this Act of sections 19 and 20 of and Schedule 7 to the 1975 Act.

(2)Paragraph 13(2) to (7) of Schedule 17 above shall apply (with the appropriate modifications) as if the Authority were an authority to which those sub-paragraphs apply.

(3)If, before the passing of this Act, there was a duty to send to the Authority a copy of an application or notification under Part III of Schedule 7 to the 1975 Act, there shall continue to be such a duty after the passing of this Act notwithstanding the repeal of that Part.

Amended Acts

13In paragraph 1 of the Schedule to the [1960 c. 67.] Public Bodies (Admission to Meetings) Act 1960 (which specifies the bodies in England and Wales to which that Act applies) paragraph (bb) shall continue to have effect as it had effect immediately before the passing of this Act and accordingly to read thus: —

“(bb)the Land Authority for Wales;”.

14(1)Section 25(1)(aa) of the [1974 c. 7.] Local Government Act 1974 (authorities subject to investigation) shall continue to have effect as it had effect immediately before the passing of this Act, except that the words from " and " to the end shall be omitted.

(2)Accordingly, section 25(1)(aa) shall read: —

“(aa)the Land Authority for Wales.”.

(3)Section 30(2A) of the Local Government Act 1974 shall continue to have effect as it had effect immediately before the passing of this Act and accordingly to read thus: —

“(2A)Where the complaint related to the Land Authority for Wales, the Local Commissioner shall also send the report or statement to the Secretary of State.”.

15The entry relating to the Authority in Part II of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) shall continue to have effect as it had effect immediately before the passing of this Act, and accordingly there shall continue to be inserted in that Part at the appropriate place in alphabetical order: —

• “The Land Authority for Wales”.

General

16The Secretary of State may by order made by statutory instrument make such further provisions containing savings and transitionals about the Land Authority for Wales as he sees fit (including, if he sees fit, provisions supplementing the preceding provisions of this Schedule).

Section 118.

SCHEDULE 23Land : Miscellaneous Amendments

PART IAmendments of Acquisition of Land (Authorisation Procedure) Act 1946

1In Schedule 1 to the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946—

(a)in paragraph 3(1)(6), omit the words from " except " to" case ";

(b)in paragraph 3(1) omit head (c) and the proviso ;

(c)in paragraph 7A omit " the confirming authority and to " and " or affixing of notices " ; and

(d)in paragraph 19(4)—

(i)for " having jurisdiction to confirm or" substitute " or authority having jurisdiction to " ; and

(ii)add the following proviso at the end: —

“Provided that this sub-paragraph shall not have effect in relation to an owner, lessee or occupier being a local authority or statutory undertakers or the National Trust.”.

PART IIAmendments of National Parks and Access to the Countryside Act 1949

2(1)Subsection (4) of section 77 of the [1949 c. 97.] National Parks and Access to the Countryside Act 1949 (under which the power to acquire land for public access to the open country in a National Park is in certain circumstances exercisable by the Minister of Agriculture, Fisheries and Food) shall cease to have effect.

(2)Accordingly, in subsection (5) of that section, for the words from the beginning to "be" there shall be substituted the words " The Secretary of State ".

PART IIIAmendments of Town and Country Planning Act 1959

3The following subsection shall be substituted for section 23(2) of the [1959 c. 53.] Town and Country Planning Act 1959: —

“(2)Before exercising any power of appropriation in relation to land which consists or forms part of an open space, not being land which consists or forms part of a common or of a fuel or field garden allotment, an authority to whom this Part of this Act applies—

(a)shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area ; and

(b)shall consider any objections to the proposed appropriation which may be made to them.”.

4In section 23(3) of that Act the words following paragraph (ii) shall cease to have effect.

5The following subsection shall be substituted for subsection (2) of section 26 of that Act (disposal): —

“(2)Before disposing of any land which consists or forms part of an open space, not being land which consists or forms part of a common or of a fuel or field garden allotment, an authority to whom this Part of this Act applies—

(a)shall publish notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and

(b)shall consider any objections to the proposed disposal which may be made to them.”.

6In the said section 26—

(a)subsection (3); and

(b)in subsection (5), the words following paragraph (ii)

shall cease to have effect.

7Section 30(5) (supplementary) of that Act shall cease to have effect

PART IVAmendments of Town and Country Planning Act 1971

8In section 119 of the [1971 c. 78.] Town and Country Planning Act 1971 (acquisition of land by agreement) subsection (2) (Secretary of State's consent) shall cease to have effect.

9In section 121(1) of that Act (appropriation of commons etc.) the words " open space " shall be omitted.

10The following subsections shall be substituted for subsections (2) and (3) of section 122 of that Act (appropriation of land for planning purposes): —

“(2)The consent of the Secretary of State shall be requisite to any appropriation under this section of land which, immediately before the appropriation, is land which consists or forms part of a common, or formerly consisted or formed part of a common, and is held or managed by a local authority in accordance with a local Act.

(2A)Any such consent may be given either in respect of a particular appropriation or in respect of appropriations of any class, and may be given either subject to or free from any conditions or limitations.

(2B)Before appropriating under this section any land which consists of or forms part of an open space, a local authority—

(a)shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area ; and

(b)shall consider any objections to the proposed appropriation which may be made to them.”.

11The following subsections shall be substituted for subsections (2) to (6) of section 123 of that Act (disposal of land held for planning purposes): —

“(2)The consent of the Secretary of State shall be requisite to any disposal under this section—

(a)of land which, immediately before the disposal, is land which consists or forms part of a common, or formerly consisted or formed part of a common, and is held or managed by a local authority in accordance with a local Act; or

(b)where the disposal is to be for a consideration less than the best that can reasonably be obtained and is not—

(i)the grant of a term of seven years or less ; or

(ii)the assignment of a term of years of which seven years or less are unexpired at the date of the assignment.

(2A)Before disposing under this section of any land which consists of or forms part of an open space, a local authority—

(a)shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area ; and

(b)shall consider any objections to the proposed disposal which may be made to them.”.

PART VAmendments of Local Government Act 1972

12(1)In section 122 of the [1972 c. 70.] Local Government Act 1972 (appropriation of land by principal councils) the words in subsection (2) following paragraph (b) shall cease to have effect.

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

“(2A)A principal council may not appropriate under subsection (1) above any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them.

(2B)Where land appropriated by virtue of subsection (2A) above is held—

(a)for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

(b)in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.”.

13Subsections (3) and (5) of that section shall cease to have effect.

14The following subsections shall be inserted after subsection (2) of section 123 of that Act (disposal of land by principal councils): —

“(2A)A principal council may not dispose under subsection (1) above of any land consisting or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.

(2B)Where by virtue of subsection (2A) above a council dispose of land which is held—

(a)for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds) ; or

(b)in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the disposal be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.”.

15Subsections (3), (4) and (5) of that section shall cease to have effect.

16Section 123A of that Act (consent for disposals of land by principal councils) shall cease to have effect.

17(1)In section 126 of that Act (appropriation of land by parish and community councils and by parish meetings) the words in subsection (4) following paragraph (b) shall cease to have effect.

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

“(4A)Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land consisting or forming part of an open space unless before appropriating! the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them.

(4B)Where land appropriated by virtue of subsection (4A) above is held—

(a)for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or

(b)in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds),

the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.”.

18Subsection (5) of that section shall cease to have effect.

19The following subsection shall be substituted for section 127(3) of that Act (which applies certain provisions of section 123 to disposals of land held by parishes and communities): —

“(3)Subsections (2A) and (2B) of section 123 above shall apply in relation to the disposal of land under this section as they apply in relation to the disposal of land under that section, with the substitution of a reference to a parish or community council or the parish trustees of a parish for the reference to a principal council in the said subsection (2A).”.

20The following definition shall be inserted in section 270(1) of that Act after the definition of " 1963 Act " : —

• “" open space " has the meaning assigned to it by section 290(1) of the Town and Country Planning Act 1971 ;”.

PART VIAmendment of Local Government (Scotland) Act 1973

21Section 74A of the [1973 c. 65.] Local Government (Scotland) Act 1973 (no local authority in Scotland to dispose of certain interests in land without Secretary of State's consent) shall cease to have effect.

Section 121.

SCHEDULE 24Land Compensation Acts As Amended

PART ISection 17 of [1961 c. 33.] Land Compensation Act 1961

17(1)Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, and that land or part thereof does not consist or form part of—

(a)an area defined in the development plan as an area of comprehensive development, or

(b)an area shown in the development plan as an area allocated primarily for a use which is of a residential, commercial or industrial character, or for a range of two or more uses any of which is of such a character,

then, subject to subsection (2) of this section, either of the parties directly concerned may apply to the local planning authority for 8 certificate under this section.

(2)If, in the case of an interest in land falling within subsection (1) of this section, the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority, and a reference has been made to the Lands Tribunal to determine the amount of the compensation payable in respect of that interest, no application for a certificate under this section shall be made by either of the parties directly concerned after the date of that reference except either—

(a)with the consent in writing of the other of those parties, or

(b)with the leave of the Lands Tribunal.

(3)An application for a certificate under this section—

(a)shall state whether or not there are, in the applicant's opinion, any classes of development which, either immediately or at a future time, would be appropriate for the land in question if it were not proposed to be acquired by any authority possessing compulsory purchase powers and, if so, shall specify the classes of development and the times at which they would be so appropriate;

(b)shall state the applicant's grounds for holding that opinion; and

(c)shall be accompanied by a statement specifying the date on which a copy of the application has been or will be served on the other party directly concerned.

(4)Where an application is made to the local planning authority for a certificate under this section in respect of an interest in land, the local planning authority shall, not earlier than twenty-one days after the date specified in the statement mentioned in paragraph (c) of subsection (3) of this section, issue to the applicant a certificate stating either of the following to be the opinion of the local planning authority regarding the grant of planning permission in respect of the land in question, if it were not proposed to be acquired by an authority possessing compulsory purchase powers, that is to say—

(a)that planning permission for development of one or more classes specified in the certificate (whether specified in the application or not) would have been granted; or

(b)that planning permission would not have been granted for any development other than the development (if any) which is proposed to be carried out by the authority by whom the interest is proposed to be acquired.

(5)Where, in the opinion of the local planning authority, planning permission would have been granted as mentioned in paragraph (a) of subsection (4) of this section, but would only have been granted subject to conditions, or at a future time, or both subject to conditions and at a future time, the certificate shall specify those conditions, or that future time, or both, as the case may be, in addition to the other matters required to be contained in the certificate.

(6)For the purposes of subsection (5) of this section, a local planning authority may formulate general requirements applicable to such classes of case as may be described therein; and any conditions required to be specified in the certificate in accordance with that subsection may, if it appears to the local planning authority to be convenient to do so, be specified by reference to those requirements, subject to such special modifications thereof (if any) as may be set out in the certificate.

(7)In determining, for the purposes of the issue of a certificate under this section, whether planning permission for any particular class of development would have been granted in respect of any land, the local planning authority shall not treat development of that class as development for which planning permission would have been refused by reason only that it would have involved development of the land in question (or of that land together with other land) otherwise than in accordance with the provisions of the development plan relating thereto.

(8)Where an application for a certificate under this section relates to land of which part (but not the whole) consists or forms part of such an area as is mentioned in paragraph (a) or paragraph (b) of subsection (1) of this section, any certificate issued under this section in pursuance of that application shall be limited to so much of that land as does not fall within any such area.

(9)On issuing to one of the parties directly concerned a certificate under this section in respect of an interest in land, the local planning authority shall serve a copy of the certificate on the other of those parties.

PART IISection 25 of [1963 c. 51.] Land Compensation (Scotland) Act 1963

25(1)Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, and that land or part thereof does not consist or form part of—

(a)an area defined in the development plan as an area of comprehensive development, or

(b)an area shown in the development plan as an area allocated primarily for a use which is of a residential, commercial or industrial character, or for a range of two or more uses any of which is of such a character,

then, subject to subsection (2) of this section, either of the parties directly concerned may apply to the planning authority for a certificate under this section.

(2)If, in the case of an interest in land falling within subsection (1) of this section, the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority, and a reference has been made to the Lands Tribunal for Scotland to determine the amount of the compensation payable in respect of that interest, no application for a certificate under this section shall be made by either of the parties directly concerned after the date of that reference except either—

(a)with the consent in writing of the other of those parties, or

(b)with the leave of the Lands Tribunal for Scotland.

(3)An application for a certificate under this section—

(a)shall state whether or not there are, in the applicant's opinion, any classes of development which, either immediately or at a future time, would be appropriate for the land in question if it were not proposed to be acquired by any authority possessing compulsory purchase powers and, if so, shall specify the classes of development and the times at which they would be so appropriate ;

(b)shall state the applicant's grounds for holding that opinion; and

(c)shall be accompanied by a statement specifying the date on which a copy of the application has been or will be served on the other party directly concerned.

(4)Where an application is made to the planning authority for a certificate under this section in respect of an interest in land, the planning authority shall, not earlier than twenty-one days after the date specified in the statement mentioned in subsection (3)(c) of this section, issue to the applicant a certificate stating that, in the opinion of the planning authority in respect of the land in question, either—

(a)planning permission for development of one or more classes specified in the certificate (whether specified in the application or not) would have been granted ; or

(b)planning permission would not have been granted for any development other than the development (if any) which is proposed to be carried out by the authority by whom the interest is proposed to be acquired.

(5)Where, in the opinion of the planning authority, planning permission would have been granted as mentioned in subsection (4)(a) of this section, but would only have been granted subject to conditions, or at a future time, or both subject to conditions and at a future time, the certificate shall specify those conditions, or that future time, or both, as the case may be, in addition to the other matters required to be contained in the certificate.

(6)For the purposes of subsection (5) of this section, a planning authority may formulate general requirements applicable to such classes of case as may be described therein; and any conditions required to be specified in the certificate in accordance with that subsection may, if it appears to the planning authority to be convenient to do so, be specified by reference to those requirements, subject to such special modifications thereof (if any) as may be set out in the certificate.

(7)In determining, for the purposes of the issue of a certificate under this section, whether planning permission for any particular class of development would have been granted in respect of any land, the planning authority shall not treat development of that class as development for which planning permission would have been refused by reason only that it would have involved development of the land in question (or of that land together with other land) otherwise than in accordance with the provisions of the development plan relating thereto.

(8)Where an application for a certificate under this section relates to land of which part (but not the whole) consists or forms part of such an area as is mentioned in subsection (1)(a) or subsection (1)(b) of this section, any certificate issued under this section in pursuance of that application shall be limited to so much of that land as does not fall within any such area.

(9)On issuing to either of the parties directly concerned a certificate under this section in respect of an interest in land, the planning authority shall serve a copy of the certificate on the other of those parties.

Section 133.

SCHEDULE 25New Towns

PART IAmendments of [1965 c. 59.] New Towns Act 1965

Transactions of corporations and Commission

1After section 3(5) of the 1965 Act insert—

(6)A transaction between a person and a development corporation shall not be invalidated by reason of any failure by the corporation to observe the objects in subsection (1) above or the requirement in subsection (2) above that the corporation shall exercise the powers conferred by that subsection for the purpose there mentioned.

2In section 4(4) of the 1965 Act for "unless that person had actual notice of that direction " substitute " , and such a person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with. "

3(1)Section 18 of the 1965 Act (disposal of land by development corporation) shall be amended as follows.

(2)In the proviso to subsection (1) after " consent of the Minister " insert " (given generally or specially) ".

(3)After subsection (3) insert—

(3A)Where a development corporation purports to dispose of land by virtue of this section, then—

(a)in favour of any person claiming under the corporation, the disposal so purporting to be made shall not be invalid by reason that any consent which is required under the proviso to subsection (1) above has not been given, and

(b)a person dealing with the corporation or a person claiming under the corporation shall not be concerned to see or enquire whether any such consent has been given.

4(1)Section 37 of the 1965 Act (restrictions on functions of Commission) shall be amended as follows.

(2)In subsection (5) for the words from "unless" to the end substitute " , and such a person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with. "

(3)After subsection (5) insert—

(5A)Where the Commission purports to dispose of land by virtue of section 36 of this Act, then—

(a)in favour of any person claiming under the Commission, the disposal so purporting to be made shall not be invalid by reason that any authority which is required under subsection (3)(a) above had not been given, and

(b)a person dealing with the Commission or a person claiming under the Commission shall not be concerned to see or enquire whether any such authority has been given.

5(1)Subject to sub-paragraph (2) below, nothing in paragraphs 1 to 4 above affects a transaction or purported disposal made before the date on which this Schedule comes into force.

(2)The proviso to section 18(1) of the 1965 Act shall be taken always to have contained the insertion mentioned in paragraph 3(2) above, as shall the provision consolidated in the proviso (namely, the proviso to section 5(1) of the [1946 c. 68.] New Towns Act 1946) while that provision was in force.

Orders: Scotland

6(1)Sub-paragraph (2) below applies to section 53 of the 1965 Act (regulations and orders), so far as it relates to an order under section 43 of that Act (as substituted by section 1(2) of the [1975 c. 42.] New Towns Act 1975).

(2)Section 53 shall extend to Scotland, and shall be taken to have so extended on the substitution of section 43 coming into effect; and section 57(3) of the 1965 Act (extent) shall be construed accordingly.

PART IIAmendment of [1968 c. 16.] New Towns (Scotland) Act 1968

7In section 18(4) of the 1968 Act, after " disposal thereof by way of " insert " sale ".

PART IIIAmendment of Land Compensation Act 1961

8(1)After paragraph 8 of Schedule 1 to the [1961 c. 33.] Land Compensation Act 1961 (disregard of development in certain cases, including cases where land forms part of a new town area) there shall be inserted the following:

“9(1)This paragraph applies where, before the date of service of the notice to treat for the purposes of a compulsory acquisition (the relevant acquisition), the land has been disposed of by an authority or body in circumstances where paragraph 3 or 3A of this Schedule would have applied if (at the time of the disposal) the authority or body had been compulsorily acquiring the land.

(2)In that case, paragraphs 3 and 3A shall not apply for the purposes of the relevant acquisition.”

(2)This paragraph does not apply where a notice to treat has been served before this paragraph comes into force.

PART IVAmendments of Land Compensation (Scotland) Act 1963

9(1)In Schedule 1 to the [1963 c. 51.] Land Compensation (Scotland) Act 1963 there shall be inserted below the words " Schedule 1 " a new cross heading " Part I " and at the end of that Schedule there shall be added the following: —

“PART IISPECIAL PROVISION AS TO NEW TOWNS

5(1)This paragraph applies where, before the date of service of the notice to treat for the purposes of a compulsory acquisition (the relevant acquisition), the land has been disposed of by an authority or body in circumstances where paragraph 3 or 3A of this Schedule would have applied if (at the time of the disposal) the authority or body had been compulsorily acquiring the land.

(2)In that case, paragraphs 3 and 3A shall not apply for the purposes of the relevant acquisition.”.

(2)(a)In sections 13, 14 and 15 of the said Act after the words " first column" and the words " second column" wherever they occur there shall be inserted the words " of Part I ";

(b)in section 13 of the said Act after subsection (2) there shall be inserted a new subsection as follows:

“(2A)The provisions of Part II of Schedule 1 to this Act shall have effect with regard to paragraphs 3 and 3A of Part I of that Schedule.”.

(3)This paragraph shall not apply where a notice to treat has been served before this paragraph comes into force.

Section 135.

SCHEDULE 26Urban Development Corporations

Members

1An urban development corporation (in this Schedule referred to as a " corporation ") shall consist of a chairman, a deputy chairman and such number of other members (not less than five but not exceeding 11) as the Secretary of State may by order under section 135 above prescribe.

2(1)The members of a corporation shall be appointed by the Secretary of State.

(2)In appointing members of the corporation the Secretary of State shall have regard to the desirability of securing the services of people having special knowledge of the locality in which the urban development area is or will be situated.

(3)In relation to the possible appointment of people falling within sub-paragraph (2) above, the Secretary of State shall consult such local authorities as appear to him to be concerned with the regeneration of the urban development area..

(4)The Secretary of State shall appoint two of the members to be respectively chairman and deputy chairman of the corporation.

3Subject to the following provisions of this Schedule, a member of the corporation, and the chairman and deputy chairman of the corporation, shall hold and vacate office as such in accordance with the terms of the instrument by which they are respectively appointed.

4If the chairman or deputy chairman ceases to be a member of the corporation, he shall also cease to be chairman or deputy chairman, as the case may be.

5Any member of the corporation may, by notice in writing addressed to the Secretary of State, resign his membership; and the chairman or deputy chairman may, by the like notice, resign his office as such.

6If the Secretary of State is satisfied that a member of the corporation (including the chairman or deputy chairman)—

(a)has become bankrupt or made an arrangement with his creditors (or in Scotland has had his estate sequestrated or has made a trust deed for the behoof of his creditors or a composition contract), or

(b)is incapacitated by physical or mental illness, or

(c)has been absent from meetings of the corporation for a period longer than 3 consecutive months without the permission of the corporation, or

(d)is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member,

the Secretary of State may remove him from his office.

7A member of the corporation who ceases to be a member or ceases to be chairman or deputy chairman shall be eligible for reappointment.

Remuneration

8The corporation may pay to each member such remuneration and allowances as the Secretary of State may determine with the consent of the Minister for the Civil Service.

9The corporation may pay or make provision for paying, to or in respect of any member, such sums by way of pensions, allowances and gratuities as the Secretary of State may determine with the consent of the Minister for the Civil Service.

10Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the corporation may make to him payment of such amount as the Secretary of State may determine with the consent of the Minister for the Civil Service.

Staff

11(1)A corporation may, with the approval of the Secretary of State, appoint such officers and servants as the corporation may determine.

(2)References in paragraph 12 below to employees of a corporation are to persons appointed in pursuance of this paragraph.

12(1)Employees of a corporation shall be appointed at such remuneration and on such other terms and conditions as the corporation may determine.

(2)A corporation may pay such pensions, allowances or gratuities as it may determine to or in respect of any of its employees, make such payments as it may determine towards the provision of pensions, allowances or gratuities to or in respect of any of its employees or provide and maintain such schemes as it may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of its employees.

(3)The reference in sub-paragraph (2) above to pensions, allowances or gratuities to or in respect of any of a corporation's employees includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the corporation's employees who suffer loss of office or employment or loss or diminution of emoluments.

(4)If an employee of a corporation becomes a member and was by reference to his employment by the corporation a participant in a pension scheme maintained by the corporation for the benefit of any of its employees, the corporation may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the corporation whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 9 above.

(5)A determination of the corporation for the purposes of this paragraph is ineffective unless made with the approval of the Secretary of State given with the consent of the Minister for the Civil Service.

Meetings and proceedings

13The quorum of the corporation and the arrangements relating to its meetings shall, subject to any directions given by the Secretary of State, be such as the corporation may determine.

14The validity of any proceeding of the corporation shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.

Instruments, etc.

15The fixing of the seal of the corporation shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the corporation to act for that purpose.

16Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the corporation by any person generally or specially authorised by it to act for that purpose.

17Any document purporting to be a document duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

House of Commons disqualification

18In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place in alphabetical order: —

• “Any member, in receipt of remuneration, of an urban development corporation (within the meaning of Part XVI of the Local Government. Planning and Land Act 1980)”.

Section 141.

SCHEDULE 27Vesting of Land in Urban Development Corporations

PART IModification of Enactments : England and Wales

1Paragraphs 6 to 14 and 16 of Schedule 3 to the [1968 c. 72.] Town and Country planning Act 1968 shall have effect, in relation to orders under section 141 above, subject to the modifications specified in paragraphs 2 to 4 below.

2Any reference to a general vesting declaration shall be treated as a reference to an order under that section.

3The references in paragraphs 6 and 7 to the end of the period specified in a general vesting declaration shall be treated as references to the date on which such an order comes into force and the reference in paragraph 10 to the acquiring authority having made a general vesting declaration shall be treated as a reference to such an order having come into force.

4In paragraph 6—

(a)the reference to every person on whom, under section 5 of the [1965 c. 56.] Compulsory Purchase Act 1965, the acquiring authority could have served a notice to treat, shall be treated as a reference to every person whose interest in the land to which such an order relates is vested by the order in the urban development corporation; and

(b)paragraph (a) shall be omitted.

5Schedule 3A to that Act shall have effect, in relation to orders under section 141 above subject to the modifications specified in paragraphs 6 to 8 below.

6Any reference to a general vesting declaration shall be treated as a reference to an order under that section.

7The reference in paragraph 4(2) to the date on which the notice required by paragraph 4 of Schedule 3 is served on any person shall be treated as a reference to the date on which such an order comes into force.

8In paragraph 12—

(a)sub-paragraph (1) (a) shall be omitted ; and

(b)the reference in sub-paragraph (1)(6) to the date on which a person first had knowledge of the execution of the general vesting declaration shall be treated as a reference to the date on which an order under section 141 above came into force.

9The [1961 c. 33.] Land Compensation Act 1961 shall have effect in relation to orders under section 141 above subject to the modifications specified in paragraphs 10 to 14 below.

10References to the date of service of a notice to treat shall be treated as references to the date on which an order under that section comes into force.

11Section 17(2) shall be treated as if for the words "the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority" there were substituted the words " an order under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation has come into force, or an agreement has been made for the sale of the interest to such a corporation ".

12In section 22—

(a)subsection (2) shall be treated as if at the end of paragraph (c) there were added the words “or

(d)where an order has been made under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation.”; and

(b)subsection (3) shall be treated as if in paragraph (a) the words " or (d) " were inserted after the words " paragraph (b) ".

13Any reference to a notice to treat in section 39(2) shall be treated as a reference to an order under section 141 above.

14In Schedule 2, paragraph 2(2)(a) shall be treated as if the words " or the coming into force of an order under section 141 of the Local Government, Planning and Land Act 1980 for the vesting of the land in an urban development corporation " were inserted after the word " land ".

PART IIModification of Enactments : Scotland

15Paragraphs 6 to 13 and 16 to 39 of Schedule 24 to the Town and Country Planning (Scotland) Act 1972 shall have effect in relation to orders under section 141 above, subject to the modifications specified in paragraphs 16 to 20 below.

16Any reference to a general vesting declaration shall be treated as a reference to an order under that section.

17The references in paragraphs 6 and 7 to the end of the period specified in a general vesting declaration shall be treated as references to the date on which such an order comes into force and the reference in paragraph 9 to the acquiring authority having made a general vesting declaration shall be treated as a reference to such an order having come into force.

18In paragraph 6—

(a)the reference to every person on whom, under section 17 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845, the acquiring authority could have served a notice to treat, shall be treated as a reference to every person whose interest in the land to which such an order relates is vested by the order in the urban development corporation ; and

(b)paragraph (a) shall be omitted.

19The reference in paragraph 20(2) to the date on which the notice required by paragraph 4 is served on any person shall be treated as a reference to the date on which such an order comes into force.

20In paragraph 29—

(a)sub-paragraph (1)(a) shall be omitted ; and

(b)the reference in sub-paragraph (1)(b) to the date on which a person first had knowledge of the execution of the general vesting declaration shall be treated as a reference to the date on which an order under section 141 above came into force.

21The [1963 c. 51.] Land Compensation (Scotland) Act 1963 shall have effect in relation to orders under section 141 above subject to the modifications specified in paragraphs 22 to 26 below.

22References to the date of service of a notice to treat shall be treated as references to the date on which an order under that section comes into force.

23Section 25(2) shall be treated as if for the words "the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority" there were substituted the words " an order under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation has come into force, or an agreement has been made for the sale of the interest to such a corporation. "

24In section 30—

(a)subsection (2) shall be treated as if at the end of paragraph (c) there were added the words “or

(d)where an order has been made under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation.”; and

(b)subsection (3) shall be treated as if in paragraph (a) the words " or (2)(d) " were inserted after the words " subsection (2)(b) ".

25Any reference to a notice to treat in section 45(2) shall be treated as a reference to an order under section 141 above.

26In Schedule 2, paragraph 1(2)(a) shall be treated as if the words " or the coming into force of an order under section 141 of the Local Government, Planning and Land Act 1980 for the vesting of the land in an urban development corporation" were inserted after the word " land ".

Section 144.

SCHEDULE 28Urban Development Corporations : Land

PART IModifications of 1946 and 1947 Acts

1The 1946 Act and the 1947 Act shall apply in relation to the compulsory acquisition of land under section 142 or 143 above with the modifications made by the following provisions of this Part of this Schedule.

2(1)Where a compulsory purchase order authorising the acquisition of any land is submitted to the Secretary of State in accordance with Part I of Schedule 1 then, if the Secretary of State-

(a)is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised therein, but

(b)has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land,

he may confirm the order so far as it relates to the land mentioned in paragraph (a) above, and give directions postponing the consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified.

(2)Where the Secretary of State gives directions under subparagraph (1) above, the notices required by paragraph 6 of Schedule 1 to be published and served shall include a statement of the effect of the directions.

3(1)Notwithstanding anything in paragraph 10 of Schedule 1, a compulsory purchase order under section 142 or 143 above authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking may be confirmed without a certificate under that paragraph.

(2)Except where the appropriate Minister's certificate is given, a compulsory purchase order to which this paragraph applies shall be of no effect unless it is confirmed by the appropriate Minister jointly with the Minister or Ministers who would apart from this sub-paragraph have power to confirm it. In this sub-paragraph "the appropriate Minister's certificate" means such a certificate as is mentioned in paragraph 10 of Schedule 1.

(3)Sections 238 to 240 of the Act of 1971 (measure of compensation for statutory undertakers) and sections 227 to 229 of the 1972 Act (which make similar provision for Scotland) shall apply in respect of a compulsory acquisition which is effected by a compulsory purchase order which by virtue of this paragraph is confirmed without a certificate.

PART IIAcquisition of Land by Agreement

4(1)The provisions of Part I of the [1965 c. 56.] Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under section 142 above ; and in the said Part I as so applied " land " shall have the meaning given by the [1978 c. 30.] Interpretation Act 1978.

(2)For the purpose of the acquisition by agreement of land in Scotland under section 142 of this Act, the Lands Clauses Acts (except the provisions relating to the purchase of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845) and sections 6 and 70 of the [1845 c. 33.] Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act, as originally enacted and not as amended for certain purposes by section 15 of the [1923 c. 20.] Mines (Working Facilities and Support) Act 1932 shall be incorporated with section 142 of this Act, and in construing those Acts for the purpose of that section, that section shall be deemed to be the special Act, and the urban development corporation to be promoters of the undertaking or company, as the case may require ; and in those Acts as so incorporated " land " shall have the meaning given by the Interpretation Act 1978.

PART IIILand: Supplementary

Extinguishment of rights over land

5(1)Subject to this paragraph, on an order under section 141 above coming into force or the completion by an urban development corporation or local highway authority of a compulsory acquisition of land under this Part of this Act, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and any such apparatus shall vest in the corporation or (as the case may be) authority.

(2)Sub-paragraph (1) above does not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of carrying on their undertaking.

(3)In respect of any right or apparatus not falling within subparagraph (2) above, sub-paragraph (1) above shall have effect subject—

(a)to any direction given by the Secretary of State before the coming into force of the order (or, as the case may be, by the corporation before the completion of the acquisition) that sub-paragraph (1) above shall not apply to any right or apparatus specified in the direction, and

(b)to any agreement which may be made (whether before or after the coming into force of the order or completion of the acquisition) between the Secretary of State (or corporation) and the person in or to whom the right or apparatus in question is vested or belongs.

(4)Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the corporation.

(5)Any compensation payable under this paragraph shall be determined in accordance with the [1961 c. 33.] Land Compensation Act 1961 or the [1963 c. 51.] Land Compensation (Scotland) Act 1963.

Power to override easements

6(1)The erection, construction or carrying out, or maintenance, of any building or work on land which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act, whether done by the corporation or authority or by any other person, is authorised by virtue of this paragraph if it is done in accordance with planning permission, notwithstanding that it involves interference with an interest or right to which this paragraph applies, or involves a breach of a restriction as to the user of land arising by virtue of a contract

(2)Nothing in sub-paragraph (1) above shall authorise interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.

(3)This paragraph applies to the following interests and rights, that is to say, any easement, servitude, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

(4)In respect of any interference or breach in pursuance of sub-paragraph (1) above, compensation shall be payable under section 7 or 10 of the [1965 c. 56.] Compulsory Purchase Act 1965 (or section 61 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845 and section 6 of the [1845 c. 33.] Railways Clauses Consolidation (Scotland) Act 1845), to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase by an urban development corporation or local highway authority or the injury arises from the execution of works on land acquired by such a corporation or authority.

(5)Where a person other than the urban development corporation or local highway authority by or in whom the land in question was acquired or vested is liable to pay compensation by virtue of sub-paragraph (4) above, and fails to discharge that liability, the liability shall (subject to sub-paragraph (6) below) be enforceable against the corporation or authority.

(6)Nothing in sub-paragraph (5) above shall be construed as affecting any agreement between that corporation or authority and any other person for indemnifying the corporation or authority against any liability under that sub-paragraph.

(7)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit (or in Scotland at the instance) of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1) above.

(8)Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.

Consecrated land and burial grounds

7(1)Any consecrated land, whether including a building or not, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may (subject to the following provisions of this paragraph) be used by the corporation or authority, or by any other person, in any manner in accordance with planning permission, notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.

(2)Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground.

(3)Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land, not being consecrated land, vested or acquired as mentioned in that sub-paragraph which at the time of acquisition included a church or other building used or formerly used for religious worship or the site thereof, shall be subject to compliance with the prescribed requirements with respect to the removal and reinterment of any human remains, and the disposal of monuments and fixtures and furnishings; and, in the case of consecrated land, shall be subject to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land.

(4)Any regulations made for the purposes of sub-paragraph (3) above—

(a)shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;

(b)shall contain requirements relating to the disposal of any such land as is mentioned in sub-paragraph (3) above such as appear to the Secretary of State requisite for securing that tie provisions of that sub-paragraph shall be complied with in relation to the use of the land ; and

(c)may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear to the Secretary of State to be expedient for the purposes of the regulations.

(5)Any land consisting of a burial ground or part of a burial ground, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may be used by the corporation or authority in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.

(6)Sub-paragraph (5) above shall not have effect in respect of any land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains, and the disposal of monuments, in or upon the land have been complied with.

(7)Provision shall be made by any regulations made for the purposes of sub-paragraph (3) above and sub-paragraph (6) above—

(a)for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments ;

(b)for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and reinterment of the remains of the deceased, and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, reinterment and disposal, not exceeding such amount as may be prescribed ;

(c)for requiring compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal, and the place and manner of reinterment of any human remains, and the disposal of any monuments, and with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains.

(8)Subject to the provisions of any such regulations, no faculty shall be required for the removal and reinterment in accordance with the regulations of any human remains, or for the removal or disposal of any monuments, and the provisions of section 25 of the [1857 c. 81.] Burial Act 1857 (which prohibits the removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the regulations.

(9)Any power conferred by this paragraph to use land in a manner therein mentioned shall be construed as a power so to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not

(10)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in subparagraph (1) or sub-paragraph (5) above.

(11)Sub-paragraph (8) of paragraph 6 above shall apply in relation to this paragraph as it applies in relation to that.

(12)In this paragraph " burial ground" includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and " monument" includes a tombstone or other memorial.

(13)In this paragraph " prescribed" means prescribed by regulations made by the Secretary of State.

(14)The power to make regulations under this paragraph shall be exercisable by statutory instrument; and any statutory instrument containing regulations made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(15)This paragraph shall not apply to Scotland.

Churches and burial grounds in Scotland

8Section 118 of the 1972 Act shall have effect in relation to land in Scotland which is required by an urban development corporation or a local highway authority for the purposes of this Part of this Act as it has in relation to land acquired by a planning authority as mentioned in subsection (1) of that section.

Open spaces

9(1)Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may be used by the corporation or authority, or by any other person, in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.

(2)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit (or in Scotland at the instance) of any person on any grounds other than contravention of any such enactment as is mentioned in sub-paragraph (1) above.

(3)Sub-section (8) of paragraph 6 above shall apply in relation to this paragraph as it applies in relation to that.

(4)In the application of this paragraph to Scotland, the words " or fuel or field garden allotment" shall be omitted.

Displacement of persons

10If the Secretary of State certifies that possession of a house which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this part of this Act and is for the time being held by that corporation or authority for the purposes for which it was acquired, is immediately required for those purposes, nothing in the [1976 c. 80.] Rent (Agriculture) Act 1976 or the [1977 c. 42.] Rent Act 1977 or the Rent (Scotland) Acts 1971 to 1975 shall prevent that corporation or authority from obtaining possession of the house.

Extinguishment of public rights of way

11(1)Where any land has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act and is for the time being held by that corporation or authority for those purposes, the Secretary of State may by order extinguish any public right of way over the land.

(2)Where the Secretary of State proposes to make an order under this paragraph, he shall publish in such manner as appears to him to be requisite a notice—

(a)stating the effect of the order, and

(b)specifying the time (not being less than 28 days from the publication of the notice) within which, and the manner in which, objections to the proposal may be made,

and shall serve a like notice—

(i)on the district planning authority (or in Scotland the planning authority exercising district planning functions within the meaning of section 172 of the [1973 c. 65.] Local Government (Scotland) Act 1973) in whose area the land is situated, and

(ii)on the relevant highway authority.

In this sub-paragraph "the relevant highway authority" means any authority which is a highway authority in relation to the right of way proposed to be extinguished by the order, other than an authority which has applied for the order to be made.

(3)Where an objection to a proposal to make an order under this paragraph is duly made and is not withdrawn, the provisions of paragraph 12 below shall have effect in relation to the proposal.

(4)For the purposes of this paragraph an objection to such a proposal shall not be treated as duly made unless—

(a)it is made within the time and in the manner specified in the notice required by this paragraph, and

(b)a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

(5)Where it is proposed to make an order under this paragraph extinguishing a public right of way over a road on land acquired for the purposes of this Act by an urban development corporation, and compensation in respect of restrictions imposed under section 1 or section 2 of the [1935 c. 47.] Restriction of Ribbon Development Act 1935 in respect of that road has been paid by the highway authority (or, in the case of a trunk road, by the authority which, when the compensation was paid, was the authority for the purposes of section 4 of the [1936 c. 5 (1 Edw. 8 & 1 Geo. 6).] Trunk Roads Act 1936), the order may provide for the payment by the urban development corporation to that authority, in respect of the compensation so paid, of such sums as the Secretary of State, with the consent of the Treasury, may determine.

(6)Where the Secretary of State is satisfied that the construction or improvement of a road is or will be needed in consequence of the extinguishment under this paragraph of a public right of way, section 143 above shall apply as it applies where the Secretary of State is satisfied that the construction or improvement of a road is needed as mentioned in subsection (1) of that section.

(7)Where the Secretary of State makes an order under this paragraph on the application of an urban development corporation or local highway authority, he shall send a copy of it to the Post Office.

12(1)In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification, if any, ought to be made.

(2)Unless the Secretary of State decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the Secretary of State shall, before making a final decision, consider the grounds of the objection as set out in the statement comprised in or submitted with the objection, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

(3)In so far as the Secretary of State, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the Secretary of State may treat the objection as irrelevant for the purpose of making a final decision.

(4)If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the Secretary of State is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the Secretary of State may make a final decision without further investigation as to those matters.

(5)Subject to sub-paragraphs (3) and (4) above, the Secretary of State, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State ; and if the objector avails himself of that opportunity, the Secretary of State shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, urban development corporation or other person, if any, on whose representation the order is proposed to be made, and to any other persons to whom it appears to the Secretary of State to be expedient to afford such an opportunity.

(6)Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the Secretary of State that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held ; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.

Telegraphic lines

13(1)Where an order under paragraph 11 above extinguishing a public right of way is made on the application of an urban development corporation or local highway authority, and at the time of the publication of the notice required by sub-paragraph (2) of that paragraph there was under, in, on, over, along or across the land over which the right of way subsisted a telegraphic line belonging to or used by the Post Office—

(a)the power of the Post Office to remove the line shall, not withstanding the making of the order, be exercisable at any time not later than the end of the period of 3 months from the date on which the right of way is extinguished, and shall be exercisable in respect of the whole or any part of the line after the end of that period if before the end of that period the Post Office has given notice to the corporation or authority of its intention to remove the line or that part of it, as the case may be ;

(b)the Post Office may by notice given in that behalf to the corporation or authority not later than the end of the said period of 3 months abandon the telegraphic line or any part of it;

(c)subject to paragraph (b), the Post Office shall be deemed at the end of that period to have abandoned any part of the line which it has then neither removed nor given notice of its intention to remove ;

(d)the Post Office shall be entitled to recover from the corporation or authority the expense of providing, in substitution for the line and any telegraphic line connected with it which is rendered useless in consequence of the removal or abandonment of the line, a telegraphic line in such other place as the Post Office may require ;

(e)where under the preceding provisions of this sub-paragraph the Post Office has abandoned the whole or any part of a telegraphic line, it shall vest in the corporation or authority, and the provisions of the Telegraph Acts 1863 to 1962 shall not apply in relation to the line or that part of it with respect to anything done or omitted after the abandonment.

(2)As soon as practicable after the making of an order under paragraph 11 above extinguishing a public right of way in circumstances in which sub-paragraph (1) above applies, the Secretary of State shall give notice to the Post Office of the making of the order.

(3)In this paragraph "telegraphic line" has the same meaning as in the [1878 c. 76.] Telegraph Act 1878.

Statutory undertakers

14(1)Where any land has been acquired by an urban development corporation under section 142 above and—

(a)there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over that land ; or

(b)there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking,

the corporation, if satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice stating that, at the end of the period of 28 days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of that period, the apparatus shall be removed.

(2)The statutory undertakers on whom a notice is served under sub-paragraph (1) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the corporation stating that they object to all or any provisions of the notice and specifying the grounds of their objection.

(3)If no counter-notice is served under sub-paragraph (2) above—

(a)any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice ; and

(b)if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the corporation may remove the apparatus and dispose of it in any way it may think fit.

(4)If a counter-notice is served under sub-paragraph (2) above on a corporation, the corporation may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph embodying the provisions of the notice with or without modification.

(5)Where by virtue of this paragraph any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the corporation.

(6)Sections 238 and 240 of the 1971 Act or as the case may be sections 227 and 229 of the 1972 Act (measure of compensation for statutory undertakers) shall apply to compensation under subparagraph (5) above as they apply to compensation under section 237(2) of the 1971 Act, or as the case may be section 226(2) of the 1972 Act.

(7)This paragraph shall not have effect, so far as regards a right of the Post Office with respect to a telegraphic line and so far as regards a telegraphic line of the Post Office, in a case in which paragraph 13 above has effect.

(8)In this paragraph " telegraphic line " has the same meaning as in the [1878 c. 76.] Telegraph Act 1878.

15(1)Before making an order under paragraph 14(4) above the Ministers proposing to make the order—

(a)shall afford to the statutory undertakers on whom notice was served under paragraph 14(1) above an opportunity of objecting to the application for the order; and

(b)if any objection is made, shall consider the objection and afford to those statutory undertakers and to the corporation on whom the counter-notice was served, an opportunity of apparatus, any requirement of the order as to the removal by the Secretary of State and the appropriate Minister for the purpose,

and may then, if they think fit, make the order in accordance with the application either with or without modification.

(2)Where an order is made under paragraph 14(4) above—

(a)any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and

(b)if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the corporation may remove the apparatus and dispose of it in any way it may think fit.

16(1)Subject to this paragraph, where any land has been acquired by an urban development corporation under section 142 above and—

(c)there is on, under or over the land apparatus vested in or belonging to statutory undertakers ; and

(b)the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,

the undertakers may serve on the corporation a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

(2)Where, after the land has been acquired as mentioned in subparagraph (1) above, development of the land is begun to be carried out, no notice under this paragraph shall be served later than 21 days after the beginning of the development.

(3)Where a notice is served under this paragraph, the corporation on which it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice stating that it objects to all or any of the provisions of the notice and specifying the grounds of its objection.

(4)If no counter-notice is served under sub-paragraph (3) above, the statutory undertakers shall, after the end of the said period of 28 days, have the rights claimed in their notice.

(5)If a counter-notice is served under sub-paragraph (3) above, the statutory undertakers who served the notice under this paragraph may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.

(6)Where by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the corporation for the works to be carried out by the corporation, under the superintendence of the undertakers, instead of by the undertakers themselves.

(7)Where works are carried out for the removal or re-siting of statutory undertakers' apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the corporation.

(8)Sections 238 and 240 of the 1971 Act, or as the case may be sections 227 and 229 of the 1972 Act (measure of compensation for statutory undertakers) shall apply to" compensation under subparagraph (7) above as they apply to compensation under section 237(3) of the 1971 Act, or, as the case may be, section 226(3) of the 1972 Act.

17(1)The powers conferred by this paragraph shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order—

(a)to secure the provision for an urban development area of services which would not otherwise be provided, or which would not otherwise be satisfactorily provided, or

(b)to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in sub-paragraph (2) below.

(2)The said acts and events are—

(a)the acquisition under this Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question;

(b)the extinguishment of a right or the imposition of any requirements by virtue of paragraph 14 above.

(3)The powers conferred by this paragraph shall also be exercisable where, on a representation made by an urban development corporation, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified, in order to secure the provision of new services, or the extension of existing services, for the purposes of an urban development area under this Part of this Act.

(4)Where the powers conferred by this paragraph are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order to secure the provision of the services in question, as mentioned in sub-paragraph (1)(a) or (3) above, or to secure the adjustment in question, as mentioned in sub-paragraph (1)(b) above, as the case may be.

(5)Without prejudice to the generality of sub-paragraph (4) above, an order under this paragraph may make provision—

(a)for empowering the statutory undertakers to acquire (whether compulsorily or by agreement) any land specified in the order, and to erect or construct any buildings or works so specified ;

(b)for applying, in relation to the acquisition of any such land or the construction of any such works, enactments relating to the acquisition of land and the construction of works;

(c)where it has been represented that the making of the order is expedient for the purposes mentioned in sub-paragraph (1)(a) or (3) above, for giving effect to such financial arrangements between the urban development corporation and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;

(d)for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.

18(1)As soon as may be after making such a representation as is mentioned in sub-paragraph (1) or (3) of paragraph 17 above—

(a)the statutory undertakers, in a case falling within sub-paragraph (1); or

(b)the urban development corporation, in a case falling within sub-paragraph (3),

shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Secretary of State and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.

(2)Orders under paragraph 17 above shall be subject to special parliamentary procedure.

19(1)Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligations incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this sub-paragraph applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.

(2)Sub-paragraph (1) above applies to the following acts and events: —

(a)the compulsory acquisition under this Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers ;

(b)the extinguishment of a right or the imposition of any requirement by virtue of paragraph 14 above.

(3)As soon as may be after making a representation to the appropriate Minister under sub-paragraph (1) above, the appropriate statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices.

(4)If any objection to the making of an order under this paragraph is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.

(5)Immediately after an order is made under this paragraph by the appropriate Minister, he shall publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and shall serve a like notice—

(a)on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this sub-paragraph, specifying an address for service ; and

(b)on such other persons (if any) as the appropriate Minister thinks fit

(6)Subject to the following provisions of this paragraph, an order under this paragraph shall become operative on the date on which the notice required by sub-paragraph (5) above is first published.

(7)Where in accordance with sub-paragraph (4) above the order is subject to special parliamentary procedure, sub-paragraph (6) above shall not apply.

(8)If any person aggrieved by an order under this paragraph wishes to question the validity of the order on the ground that it is not within the powers conferred by this paragraph, or that any requirement of this paragraph has not been complied with in relation to the order, he may, within six weeks from the date on which the notice required by sub-paragraph (5) above is first published, make an application to the High Court (or in Scotland the Court of Session) under this paragraph.

(9)On any application under sub-paragraph (8) above the High Court (or the Court of Session)—

(a)may by interim order wholly or in part suspend the operation of the order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;

(b)if satisfied that the order is wholly or to any extent outside the powers conferred by this paragraph, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of this paragraph, may wholly or in part quash the order, either generally or in so far as it effects any property of the applicant.

(10)Subject to sub-paragraph (8) above, the validity of an order under this paragraph shall not be questioned in any legal proceedings whatsoever, either before or after the order has been made.

20(1)For the purposes of paragraphs 17 and 19 above, an objection to the making of an order thereunder shall not be treated as duly made unless—

(a)the objection is made within the time and in the manner specified in the notice required by paragraph 18 or (as the case may be) 19 above ; and

(b)a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

(2)Where an objection to the making of such an order is duly made in accordance with sub-paragraph (1) above and is not withdrawn, the following provisions of this paragraph shall have effect in relation thereto ; but, in the application of those provisions to an order under paragraph 17 above, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.

(3)Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision, shall consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

(4)In so far as the appropriate Minister, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.

(5)If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters.

(6)Subject to sub-paragraphs (4) and (5) above, the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, local authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.

(7)Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held ; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.

(8)In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.

PART IVAcquisition of Rights

General

21(1)The 1946 Act and the [1965 c. 56.] Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make them apply to the compulsory purchase of rights by virtue of section 142(4) above as they apply to the compulsory purchase of land so that, in appropriate contexts, references in those Acts to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context.

(2)Without prejudice to the generality of sub-paragraph (1) above, in relation to the purchase of rights in pursuance of section 142(4) above-

(a)Part III of Schedule 1 to the 1946 Act (which provides for special parliamentary procedure in the case of the purchase of land of certain descriptions) shall have effect with the adaptations specified in paragraph 22 below ;

(b)Part I of the said Act of 1965 (which relates to compulsory purchases under the 1946 Act) shall have effect with the modifications specified in paragraph 23 below; and

(c)the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.

Adaptation of Part III of Schedule I to 1946 Act

22(1)In paragraph 9 of Schedule 1 to the 1946 Act (which as amended by section 120(2) above relates to land belonging to the National Trust), for references to the purchase of land there shall be substituted references to the purchase of rights over land.

(2)In paragraph 10 of that Schedule (which relates to land belonging to statutory undertakers)—

(a)for the words " comprised in " there shall be substituted the words " over which a right is to be acquired by virtue of ";

(b)after the words "purchase of" there shall be inserted the words " a right over ";

(c)for the words " it can be purchased and not replaced " there shall be substituted the words " the right can be purchased " ; and

(d)for sub-paragraph (ii) there shall be substituted the following—

(ii)that any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them.

(3)In paragraph 11 of that Schedule (which relates to land forming part of a common, open space or allotment) for sub-paragraph (1) there shall be substituted the following—

(1)In so far as a compulsory purchase order authorises the purchase of a right over land forming part of a common, open space or fuel or field garden allotment, it shall be subject to special parliamentary procedure unless the Secretary of State is satisfied—

(a)that the land, when burdened with that right, will be no less advantageous to those persons in whom it is vested and to the persons, if any, entitled to rights of common or other rights, and to the public, than it was before; or

(b)that there has been or will be given in exchange for the right additional land which will, as respects the persons in whom there is vested the land over which the right is to be purchased, the persons, if any, entitled to rights of common or other rights over that land and the public, be adequate to compensate them for the disadvantages which result from the purchase of the right, and that the additional land has been or will be vested in the persons in whom there is vested the land over which the right is to be purchased and subject to the like rights, trusts and incidents as attach to that land apart from the compulsory purchase order ; or

(c)that the land affected by the right to be purchased does not exceed 250 square yards in extent and that the giving of other land in exchange for the right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public,

and certifies accordingly.

(4)In sub-paragraph (3) of the said paragraph 11, after the words " the land " there shall be inserted the words " over which any right is to be " and at the end of the sub-paragraph there shall be inserted the words " so far as their continuance would be inconsistent with the exercise of that right ".

(5)In paragraph 12 of that Schedule (which among other things relates to ancient monuments), after the words " purchase of " there shall be inserted the words " rights over ".

Adaptation of Part I of 1965 Act

23(1)In the [1965 c. 56.] Compulsory Purchase Act 1965 (hereafter in this Part of this Schedule referred to as " the Act") for section 7 (which relates to compensation) there shall be substituted the following—

7(1)In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent, if any, to which the value of the land over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.

(2)The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words " land is acquired or taken " there shall be substituted the words " a right over land is purchased " and for the words " acquired or taken from him" there shall be substituted the words "over which the right is exercisable ".

(2)For section 8 of the Act (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following—

8(1)Where in consequence of the service on a person in pursuance of section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (hereafter in this subsection referred to as " the relevant land ")—

(a)a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal (hereafter in this section referred to as " the Tribunal"); and

(b)before the Tribunal has determined that question the person satisfies the Tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and—

(i)where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land, or

(ii)where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,

the compulsory purchase order to which the notice to treat relates shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person's interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the Tribunal directs.

(2)Any question as to the extent of the land in which a compulsory purchase order is deemed to authorise the purchase of an interest by virtue of the preceding subsection shall be determined by the Tribunal.

(3)Where in consequence of a determination of the Tribunal that it is satisfied as mentioned in subsection (1) of this section a compulsory purchase order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

(4)The modifications subject to which subsection (1) of section 58 of the Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to the duty of the Tribunal in determining whether it is satisfied as mentioned in subsection (1) of this section, are that at the beginning of paragraphs (a) and (b) there shall be inserted the words " a right over ",

for the word " severance " there shall be substituted the words " right on the whole of the house, building or manufactory or of the house and the park or garden " and for the words " part proposed" and " part is" there shall be substituted respectively the words " right proposed " and " right is ".

(3)The following provisions of the Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), namely—

• section 9(4) (failure of owners to convey);

• paragraph 10(3) of Schedule 1 (owners under incapacity);

• paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• paragraphs 2(3) and 7(2) of Schedule 4 (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overriden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.

(4)Section 11 of the Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff's warrant in the event of obstruction) of the Act shall be modified correspondingly.

(5)Section 20 of the Act (compensation for short-term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.

(6)Section 22 of the Act (protection of acquiring authority's possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation.

Section 149.

SCHEDULE 29Planning Functions of Urban Development Corporations— England and Wales

PART IEnactments Referred to in Section 149(3)(a)

• Section 55 (control of works of demolition, alteration or extension of listed buildings).

• Section 58 (building preservation notice in respect of building not listed).

• Section 59 (planning permission to include appropriate provision for preservation and planting of trees).

• Section 60 (tree preservation orders).

• Section 61 (provisional tree preservation orders).

• Section 61A (trees in conservation areas).

• Section 62 (replacement of trees).

• Section 63 (control of advertisements).

• Section 65 (proper maintenance of waste land).

• Section 87 (power to serve enforcement notice).

• Section 90 (stop notices).

• Section 91 (execution and cost of works required by enforcement notice).

• Section 96 (power to serve listed building enforcement notice).

• Section 99 (execution and cost of works required by listed building enforcement notice).

• Section 101 (urgent works for preservation of certain unoccupied buildings).

• Section 103 (enforcement of duties as to replacement of trees).

• Section 107 (execution and cost of works required by notice as to waste land).

• Section 109 (enforcement of control as to advertisements).

• Section 114 (compulsory acquisition of listed building in need of repair).

• Section 115 (repairs notice as preliminary to compulsory acquisition under s. 114).

• Section 117 (minimum compensation in case of listed building deliberately left derelict).

• Section 126 (management etc. of listed buildings acquired by local authority or Secretary of State).

• Section 271 (application to local planning authorities of provisions as to listed buildings).

• Section 277 (designation of conservation area).

• Section 277A (control of demolition in conservation area).

• Section 277B (formulation and publication of proposals for preservation and enhancement of conservation area).

• Schedule 11 (control of works for demolition, alteration or extension of listed buildings).

PART IIEnactments Referred to in Section 149(3)(b)

An order made by virtue of section 149(3)(b) may make the following modifications in relation to the urban development corporation specified in the order and to land in that corporation's area: —

1Section 181 (action by council on whom purchase notice is served) shall have effect as if—

(a)after " undertakers "there were inserted—

(i)in paragraph (b) of subsection (1), "or an urban development corporation ";

(ii)in paragraph (c) of that subsection, " or any urban development corporation " ; and

(iii)in subsection (2), " or urban development corporation "; and

(b)at the end of subsection (4), there were added " or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980, and " urban development corporation" means a corporation established by an order under section 135 of that Act".

2Section 182 (procedure on reference to purchase notice to Secretary of State) shall have effect as if—

(a)in subsection (2)(d)—

(i)after " undertakers", in the first place where it occurs, there were inserted " or an urban development corporation " ; and

(ii)after that word, in the second place where it occurs, there were inserted " or that corporation " ; and

(b)there were added after subsection (4): —

“(5)In subsection (3) and (4) of this section any reference to persons, authorities or statutory undertakers includes a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.”.

3Section 183 (action by Secretary of State in relation to purchase notice) shall have effect as if after " undertakers ", in subsection (4), there were inserted " or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980. ".

4Section 186 (effect of Secretary of State's action in relation to purchase notice) shall have effect as if—

(a)in subsection (1)—

(i)after " undertakers", in the first place where it occurs, there were inserted " or an urban development corporation " ; and

(ii)after that word, in the second place where it occurs, there were inserted " or that corporation " ; and

(b)the following subsection were inserted after that subsection : —

“(1A)In subsection (1) of this section ' urban development corporation' means an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.”.

5Section 212 (order extinguishing right to use vehicles on high way) shall have effect as if—

(a)in subsection (1), for " The provisions " there were substituted " Subject to subsection (1A) of this section, the provision " ; and

(b)the following subsection were inserted after that sub section : —

“(1A)Any reference in this section to a local planning authority is to be construed as a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.”.

6Section 213 (provision of amenity for highway reserved to pedestrians) shall have effect as if after " boroughs " in subsection (5)(b) there were inserted “and

(c)in an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the urban development corporation established for that area by an order under section 135 of that Act;”.

7Section 214 (extinguishment of public rights of way over land held for planning purposes) shall have effect as if—

(a)in subsection (1), for " Where " there were substituted " Subject to subsection (1 A) of this section, where " ; and

(b)the following subsection were inserted after that subsection:—

“(1A)Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area—

(a)the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required ;

(b)subject to section 217 of this Act, the urban development corporation may by order extinguish any such right over the land being a footpath or bridleway, if they are satisfied as aforesaid.”; and

(c)at the end of subsection (2) there were added " and any reference to an urban development corporation is a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980. ".

8Section 284 (power to require information as to interests in land) shall have effect as if in subsection (1)—

(a)after the words " local authority ", in the first place where they occur, there were inserted " or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 " ; and

(b)after those words, in the second and third places where they occur, there were inserted " or corporation ".

9Schedule 19 (proceedings on listed building purchase notice) shall have effect as if—

(a)in paragraph 1

(i)in sub-paragraph (1)(b). after " undertakers " there were inserted " or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 ";

(ii)in sub-paragraph (1)(c), after " undertakers " there were inserted " or an urban development corporation ";

(iii)in sub-paragraph (2), after "undertakers", there were inserted " or corporation ";

(b)in paragraph 2(7), after "undertakers " there were inserted " or an urban development corporation " ; and

(c)in paragraph 3(1)—

(i)after " undertakers", in the first place where it occurs, there were inserted " or an urban development corporation ";

(ii)after that word, in the second place where it occurs, there were inserted " or that corporation ".

Section 149.

SCHEDULE 30Planning Functions of Urban Development Corporations—Scotland

PART IEnactments Referred to in Section 149(8)(a)

• Section 53 (control of works for demolition, alteration or extension of listed buildings).

• Section 56 (building preservation notice in respect of building not listed).

• Section 57 (planning permission to include appropriate provision for preservation and planting of trees).

• Section 58 (tree preservation orders).

• Section 59 (provisional tree preservation orders).

• Section 59A (trees in conservation areas).

• Section 60 (replacement of trees).

• Section 61 (control of advertisements).

• Section 63 (proper maintenance of waste land).

• Section 84 (power to serve enforcement notice).

• Section 87 (stop notices).

• Section 88 (execution and cost of works required by enforcement notice).

• Section 92 (power to serve listed building enforcement notice).

• Section 95 (execution and cost of works required by listed building enforcement notice).

• Section 97 (urgent works for preservation of certain unoccupied buildings).

• Section 99 (enforcement of duties as to replacement of trees).

• Section 101 (enforcement of control as to advertisements).

• Section 104 (compulsory acquisition of listed buildings in need of repair).

• Section 105 (repairs notice as preliminary to compulsory acquisition under s. 104).

• Section 107 (minimum compensation in case of listed building deliberately left derelict).

• Section 116 (management etc. of listed buildings. acquired by local authority or Secretary of State).

• Section 257 (application to local planning authorities of provisions as to listed buildings).

• Section 262 (designation of conservation area).

• Section 262A (control of demolition in conservation area).

• Section 262B (formulation and publication of proposals for preservation and enhancement of conservation area).

• Schedule 10 (control of works for demolition, alteration or extension of listed buildings).

PART IIEnactments Referred to in Section 149(8)(b)

An order made by virtue of section 149(7)(b) may make the following modifications in relation to the urban development corporation specified in the order and to land in that corporation's area: —

1Section 170 (action by planning authority on whom purchase notice is served) shall have effect as if—

(a)after " undertakers ", there were inserted

(i)in paragraph (b) of subsection (i), "or an urban development corporation ";

(ii)in paragraph (c) of that subsection, " or any urban development corporation " ; and

(iii)in subsection (2) " or urban development corporation "; and

(b)at the end of subsection (5), there were added " or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980, and " urban development corporation" means a corporation established by an order under section 135 of that Act".

2Section 171 (procedure on reference of purchase notice to Secretary of State) shall have effect as if—

(a)in subsection (2)(c)—

(i)after " undertakers", in the first place where it occurs, there were inserted " or an urban development corporation " ; and

(ii)after that word, in the second place where is occurs, there were inserted " or that corporation " ; and

(b)there were added after subsection (4): —

“(5)In subsections (3) and (4) of this section any reference to persons, authorities or statutory undertakers includes a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980.”.

3Section 172 (action by Secretary of State in relation to purchase notice) shall have effect as if—

(a)after " undertakers", in the first place where it occurs in subsection (4), there were inserted " or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 " ; and

(b)after that word in the second place where it occurs in that subsection there were inserted " or that corporation ".

4Section 175 (effect of Secretary of State's action in relation to purchase notice) shall have effect as if—

(a)in subsection (1)—

(i)after " undertakers", in the first place where it occurs, there were inserted " or an urban development corporation " ; and

(ii)after that word in the second place where it occurs, there were inserted " or that corporation " ; and

(b)the following subsection were inserted after that subsection : —

“(1A)In subsection (1) of this section ' urban development corporation' means an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980”.

5Section 201 (order extinguishing right to use vehicles on highway) shall have effect as if in subsection (9)—

(a)after " councils" there were inserted " and in an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the urban development corporation established for that area by an order under section 135 of that Act, " ; and

(b)after " that authority" there were inserted " or do not themselves exercise these functions ".

6Section 202 (provision of amenity for highway reserved to pedestrians) shall have effect as if in subsection (5)—

(a)after " councils" there were inserted " and in an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the urban development corporation established for that area by an order under section 135 of that Act, " ; and

(b)after " that authority " there were inserted " or do not themselves exercise those functions ".

7Section 203 (extinguishment of public rights of way over land held for planning purposes) shall have effect as if—

(a)in subsection (1), for " Where " there were substituted " Subject to subsection (1A) of this section, where " ; and

(b)the following subsection were inserted after that subsection : —

“(1A)Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area—

(a)the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provisions of an alternative right of way is not required ;

(b)subject to section 206 of this Act, the urban development corporation may by order extinguish any such right over the land, being a footpath or bridleway, if they are satisfied as aforesaid.”; and

(c)at the end of subsection (2) there were added " and any reference to an urban development corporation is a reference to an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980. ".

8Section 270 (power to require information as to interests in land) shall have effect as if in subsection (1) after the words " local authority ", there were inserted " or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 ".

9Schedule 17 (proceedings on listed building purchase notice) shall have effect as if—

(a)in paragraph 1—

(i)in sub-paragraph (1)(b), after " undertakers " there were inserted " or an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 ";

(ii)in sub-paragraph (1)(c), after " undertakers" there were inserted " or an urban development corporation ";

(iii)in sub-paragraph (2), after " undertakers", there were inserted " or corporation ";

(b)in paragraph 2(7), after " undertakers " there were inserted " or an urban development corporation " ; and

(c)in paragraph 3(1)—

(i)after " undertakers", in the first place where it occurs, there were inserted " or an urban development corporation " ; and

(ii)after that word, in the second place where it occurs, there were inserted " or that corporation ".

Section 164.

SCHEDULE 31Urban Development Corporations: Finance etc.

PART IPreliminary

1(1)References in this Schedule to a corporation are to an urban development corporation.

(2)The financial year of a corporation shall begin with 1 April and references to a financial year in relation to a corporation shall be construed accordingly.

PART IIFinance

Financial duties

2(1)After consultation with a corporation, the Secretary of State may, with the Treasury's approval, determine the financial duties of the corporation, and different determinations may be made in relation to different corporations or for different functions and activities of the same corporation.

(2)The Secretary of State shall give the corporation notice of every determination, and a determination may—

(a)relate to a period beginning before the date on which it is made ;

(b)contain incidental or supplementary provisions;

(c)be varied by a subsequent determination.

Government grants

3(1)The Secretary of State may (out of money provided by Parliament and with the Treasury's consent) pay to a corporation, in respect of the exercise of its functions and in respect of its administrative expenses, such sums as he may (with the Treasury's approval) determine.

(2)The payment may be made on such terms as the Secretary of State (with the Treasury's approval) provides.

Borrowing

4(1)A corporation may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions—

(a)in sterling from the Secretary of State, or

(b)with the consent of the Secretary of State, or in accordance with any general authority given by the Secretary of State, either in sterling or in a currency other than sterling from a person other than the Secretary of State.

(2)A corporation may borrow otherwise than by way of temporary loan such sums as the corporation may require—

(a)in sterling from the Secretary of State, or

(b)with the consent of the Secretary of State, in a currency other than sterling from a person other than the Secretary of State,

(3)The Secretary of State may lend to a corporation any sums it has power to borrow from him under sub-paragraph (1) or (2) above.

(4)The Treasury may issue to the Secretary of State out of the National Loans Fund any sums necessary to enable him to make loans under sub-paragraph (3) above.

(5)Loans made under sub-paragraph (3) above shall be repaid to the Secretary of State at such times and by such methods, and interest on the loans shall be paid to him at such times and at such rates, as he may determine.

(6)All sums received by the Secretary of State under sub-paragraph (5) above shall be paid into the National Loans Fund.

(7)References in this paragraph to the Secretary of State are references to him acting with the Treasury's approval.

Guarantees

5(1)The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of and the payment of interest on any sums which a corporation borrows from a person or body other than the Secretary of State.

(2)Immediately after a guarantee is given under this paragraph, the Treasury shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling a guarantee so given, the Treasury shall lay before each House of Parliament a statement relating to that sum, as soon as possible after the end of each financial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.

(3)Any sums required by the Treasury for fulfilling a guarantee under this paragraph shall be charged on and issued out of the Consolidated Fund.

(4)If any sums are issued in fulfilment of a guarantee given under this paragraph, the corporation shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rates as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.

(5)Any sums received by the Treasury in pursuance of subparagraph (4) above shall be paid into the Consolidated Fund.

Assumed debt

6(1)On any acquisition to which this paragraph applies, a corporation shall assume a debt to the Secretary of State of such amount as may be notified to the corporation in writing by him, with the Treasury's approval.

(2)This paragraph applies to any acquisition by the corporation of property held—

(a)by or on behalf of the Crown, or

(b)by a company all of whose shares are held by or on behalf of the Crown or by a wholly owned subsidiary of such a company.

(3)Subject to sub-paragraph (4) below, the amount to be notified is the aggregate of the following: —

(a)the consideration given when the property was first brought into public ownership, and

(b)the costs and expenses of and incidental to its being brought into public ownership.

(4)If it appears to the Secretary of State that there has been such a change in circumstances since the property was first brought into public ownership that its true value would not be reflected by reference to the consideration mentioned in sub-paragraph (3) above, the Secretary of State, with the Treasury's approval, shall determine the amount to be notified.

(5)The rate of interest payable on the debt assumed by a corporation under this paragraph, and the date from which interest is to begin to accrue, the arrangements for paying off the principal, and the other terms of the debt shall be such as the Secretary of State, with the Treasury's approval, may from time to time determine.

(6)Different rates and dates may be determined under sub-paragraph (5) above with respect to different portions of the debt.

(7)Any sums received by the Secretary of State under sub-paragraph (5) above shall be paid into the National Loans Fund.

Surplus funds

7(1)Where it appears to the Secretary of State, after consultation with the Treasury and the corporation, that a corporation has a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for its future requirements, the corporation shall, if the Secretary of State with the approval of the Treasury and after consultation with the corporation so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction.

(2)Any sum received by the Secretary of State under this paragraph shall, subject to sub-paragraph (4) below, be paid into the Consolidated Fund.

(3)The whole or part of any payment made to the Secretary of State by a corporation under sub-paragraph (1) above shall, if the Secretary of State with the Treasury's approval so determines, be treated as made by way of repayment of such part of the principal of loans under paragraph 4(3) above, and as made in respect of the repayments due at such times, as may be so determined.

(4)Any sum treated under sub-paragraph (3) above as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.

Financial limits

8(1)The aggregate amount of the sums mentioned in sub-paragraph (2) below shall not exceed £200 million or such greater sum not exceeding £400 million as the Secretary of State may by order made by statutory instrument specify.

(2)The sums are—

(a)sums paid to all corporations under paragraph 3 above ;

(b)sums borrowed by all corporations under paragraph 4(1) above minus repayments made in respect of the sums;

(c)sums borrowed by all corporations under paragraph 4(2) above (ignoring repayments made in respect of the sums);

(d)sums issued by the Treasury in fulfilment of guarantees under paragraph 5 above of debts of all corporations.

(3)No order under sub-paragraph (1) above shall have effect until approved by a resolution of the House of Commons.

Grants and loans: accounts

9(1)The Secretary of State shall prepare in respect of each financial year an account—

(a)of the sums paid to corporations under paragraph 3 above,

(b)of the sums issued to him under paragraph 4(4) above and the sums received by him under paragraph 4(5) above and of the disposal by him of those sums, and

(c)of the sums paid into the Consolidated Fund or National Loans Fund under paragraph 7 above.

(2)The Secretary of State shall send the account to the Comptroller and Auditor General before the end of the month of November next following the end of that year.

(3)The Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it and of his report before each House of Parliament.

(4)The form of the account and the manner of preparing it shall be such as the Treasury may direct.

PART IIIGeneral Accounts etc.

Accounts

10(1)A corporation shall keep proper accounts and other records in relation to them,

(2)The accounts and records shall show, in respect of the financial year to which they relate, a true and fair view of the corporation's activities.

(3)A corporation shall prepare in respect of each financial year a statement of accounts complying with any requirement which the Secretary of State has (with the Treasury's consent) notified in writing to the corporation relating to—

(a)the information to be contained in the statement;

(b)the manner in which the information is to be presented ; and

(c)the methods and principles according to which the statement is to be prepared.

(4)Subject to any requirement notified to the corporation under sub-paragraph (3) above, in preparing any statement of accounts in accordance with that sub-paragraph the corporation shall follow, with respect to each of the matters specified in paragraphs (a) to (c) of that sub-paragraph, such course as may for the time being be approved by the Secretary of State with the Treasury's consent.

Audit

11(1)The corporation's accounts and statements of accounts shall be audited by an auditor to be appointed annually by the Secretary of State in relation to the corporation.

(2)A person shall not be qualified for appointment under subparagraph (1) above unless he is qualified for appointment as auditor of a company under section 161 of the [1948 c. 38.] Companies Act 1948.

(3)A person shall not be qualified for appointment under subparagraph (1) above if the person is—

(a)a member, officer or servant of the corporation,

(b)a partner of, or employed by, a member, officer or servant of the corporation, or

(c)a body corporate.

Transmission to Secretary of State

12As soon as the accounts and statement of accounts of the corporation for any financial year have been audited, the corporation shall send to the Secretary of State a copy of the statement, together with a copy of any report made by the auditor on the statement or on the accounts.

Reports

13(1)As soon as possible after the end of each financial year, a corporation shall make to the Secretary of State a report dealing generally with the corporation's operations during the year, and shall include in the report a copy of its audited statement of accounts for that year.

(2)Without prejudice to the generality of sub-paragraph (1) above, a report under this paragraph shall deal with the operation during the year of the corporation's arrangements for consultation about the exercise of its powers with local authorities the whole or any part of whose area is included in the urban development area.

(3)The Secretary of State shall lay a copy of the report before each House of Parliament.

Information

14Without prejudice to paragraph 13 above, a corporation shall provide the Secretary of State with such information relating to its undertaking as he may require, and for that purpose shall permit any person authorised by the Secretary of State to inspect and make copies of the accounts, books, documents or papers of the corporation and shall afford such explanation of them as that person or the Secretary of State may reasonably require.

Section 179.

SCHEDULE 32Enterprise Zones

PART IDesignation of Zones

Invitation to prepare scheme

1(1)The bodies which may be invited to prepare a scheme under this Schedule are, in relation to England and Wales: —

(a)a district council;

(b)a London borough council;

(c)a new town corporation ;

(d)an urban development corporation.

(2)The bodies which may be invited to prepare a scheme under this Schedule are, in relation to Scotland: —

(a)a district or general planning authority within the meaning of section 172(4) of the 1973 Act;

(b)a new town corporation ;

(c)an urban development corporation.

(3)The Secretary of State may invite any of the bodies to prepare a scheme relating to the development of an area falling within the district, borough, district or general planning authority area, new town area or urban development area (as the case may be) and send the scheme to him in accordance with this Schedule.

(4)The invitation shall be made with a view to the designation as an enterprise zone of the area for which the scheme may be prepared.

(5)The invitation-

(a)shall specify the area for which the scheme may be prepared ;

(b)may contain directions as to the drawing up of the scheme (in particular, as to its form or content or any consultations to be made).

(6)The invitation may specify an area in which publicity is to be given under paragraph 2(2)(b) below.

(7)In this paragraph—

• " new town area " means an area designated as the site of a new town by an order under section 1 of the [1965 c. 59.] New Towns Act 1965 or section 1 of the [1968 c. 16.] New Towns (Scotland) Act 1968 ;

• " new town corporation " means a development corporation established under either of those Acts ;

• " urban development area " means an area designated as such under this Act;

• " urban development corporation " means a corporation established as such under this Act.

Preparation of draft scheme

2(1)A body which receives an invitation may prepare a scheme in draft in accordance with the terms of the invitation.

(2)If it prepares a scheme under sub-paragraph (1) above, it shall take such steps as will in its opinion secure—

(a)that—

(i)if the area for which the scheme is to be prepared is within Greater London, adequate publicity is given to its provisions in Greater London ;

(ii)if the area for which the scheme is to be prepared is in England or Wales but outside Greater London, adequate publicity is given to its provisions in the county in which the area is situated ; and

(iii)if the area for which the scheme is to be prepared is in Scotland, adequate publicity is given to its provisions in the region in which the area is situated ; and

(b)that adequate publicity is also given to the provisions of the scheme in any area specified under paragraph 1(6) above;

(c)that persons who may be expected to want to make representations to the body with respect to the provisions are made aware that they are entitled to do so ; and

(d)that such persons are given an adequate opportunity of making such representations within a period specified by the body (the specified period).

(3)The body shall consider any representation—

(a)which is made to it within the specified period, and

(b)which is made on the ground that all or part of the development specified in the scheme should not be granted planning permission in accordance with the terms of the scheme.

Adoption of scheme

3(1)After the expiry of the specified period or, if any representations falling within paragraph 2(3) above have been made, after considering them, the body may adopt the scheme by resolution.

(2)The scheme adopted may be the scheme prepared in draft or, subject to sub-paragraph (3) below, that scheme as modified to take account of any such representation or any matter arising out of the representation.

(3)A scheme may not be modified in any way inconsistent with the Secretary of State's invitation under paragraph 1 above.

(4)As soon as practicable after adopting a scheme under this Schedule, the body shall—

(a)send a copy of the scheme to the Secretary of State,

(b)deposit a copy of the scheme at its principal office, and

(c)publish an advertisement in accordance with sub-paragraphs (7) and (8) below.

(5)Any member of the public may inspect the copy so deposited, and make copies of or extracts from it, at any reasonable time without payment.

(6)The body shall make available copies of the scheme, at a reasonable cost, to any member of the public.

(7)The advertisement shall contain—

(a)a statement that the scheme has been adopted ;

(b)a statement that a copy of the scheme can be inspected without payment;

(c)a statement of the address where and times when it can be inspected ; and

(d)a statement that, if the Secretary of State makes an order designating die area to which the scheme relates as an enterprise zone, the order will have effect to grant planning permission in accordance with the scheme.

(8)The advertisement shall be published—

(a)in the London Gazette or, if the scheme relates to an area in Scotland, the Edinburgh Gazette ; and

(b)on at least two occasions, in a newspaper circulating in the area to which the scheme relates.

Questioning scheme's validity

4(1)If a person is aggrieved by a scheme adopted by a body under this Schedule and he wishes to question its validity on the ground that it is not within the powers conferred by this Schedule, or that any requirement of this Schedule has not been complied with, he may within the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above make an application under this paragraph to the High Court or, if the scheme relates to an area in Scotland, the Court of Session.

(2)On such an application the High Court or the Court of Session, if satisfied—

(a)that the scheme is wholly or to any extent outside the powers conferred by this Schedule, or

(b)that the interests of the applicant would be substantially prejudiced by the failure to comply with any requirement of this Schedule if an order were made under this Schedule designating the area to which the scheme relates as an enterprise zone,

may order that the Secretary of State shall not make an order under this Schedule designating the area as an enterprise zone in pursuance of the scheme, but (in a case where sub-paragraph (b) above applies) may further order that, if steps are taken to comply with the requirement concerned, an order may be made designating the area.

(3)No order made by the Court under sub-paragraph (2) above prejudices the making of an order under this Schedule designating the area as an enterprise zone in pursuance of another scheme (so long as this Schedule is complied with).

(4)Except as provided by this paragraph, the validity of a scheme adopted under this Schedule shall not be questioned in any legal proceedings whatsoever.

Designation of enterprise zone

5(1)If a body adopts a scheme under this Schedule, the Secretary of State may (if he thinks it expedient to do so) by order designate the area to which the scheme relates as an enterprise zone.

(2)No order may be made until—

(a)the expiry of the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above, or

(b)if an application in relation to the scheme is made under paragraph 4(1) above, the time at which any proceeedings arising out of the application are disposed of,

whichever is the later.

(3)The power to make the order shall be exercisable—

(a)by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)only with the Treasury's consent.

(4)The order shall—

(a)specify the date of the designation taking effect (the effective date);

(b)specify the period for which the area is to remain an enterprise zone;

(c)define the boundaries of the zone by means of a plan or map;

(d)designate as the enterprise zone authority the body which was invited to prepare the scheme.

(5)The power to amend orders conferred by section 14 of the [1978 c. 30.] Interpretation Act 1978 does not include power to amend an order made under this paragraph.

(6)The power to revoke orders conferred by that section does not include power to revoke an order made under this paragraph before the expiry of the period mentioned in sub-paragraph (4)(6) above.

(7)In relation to England and Wales, the order may provide that the enterprise zone authority shall be the local planning authority for the zone for such purposes of the 1971 Act, and in relation to such kinds of development, as may be prescribed in the order.

(8)In relation to Scotland, the order may provide that the enterprise zone authority shall be the planning authority exercising district planning functions (within the meaning of section 172 of the 1973 Act) for the zone for such purposes of the 1972 Act, and m relation to such kinds of development, as may be prescribed in the order.

(9)In the following provisions of this Schedule references to a scheme are, in relation to an area designated as an enterprise zone under this paragraph, to the scheme adopted for the area under paragraph 3(1) above.

Publicity of designation

6(1)As soon as practicable after the making of an order under paragraph 5 above, the body which adopted the scheme shall publish an advertisement in accordance with sub-paragraphs (2) and (3) below.

(2)The advertisement shall contain—

(a)a statement that the order has been made and will have effect to make the area an enterprise zone ; and

(b)a statement that a copy of the scheme can be inspected without payment and a statement of the address where and times when it can be inspected.

(3)The advertisement shall be published—

(a)in the London Gazette or, if the scheme relates to an area in Scotland, the Edinburgh Gazette; and

(b)on at least two occasions, in a newspaper circulating in the area to which the scheme relates.

Right of entry

7(1)Any person duly authorised in writing by a body which has been invited to prepare a scheme under this Schedule may at any reasonable time enter any land in the area to which the scheme relates (or could relate) for the purpose of surveying the land in connection with the preparation or adoption of a scheme under this Schedule.

(2)In relation to England and Wales, subsection (9) of section 280 and subsections (1) to (6) of section 281 of the 1971 Act (giving of notice, compensation for damage, etc.) shall apply in relation to sub-paragraph (1) above as they apply in relation to section 280.

(3)In relation to Scotland, subsection (8) of section 265 and subsections (1) to (6) of section 266 of the 1972 Act (giving of notice, compensation for damage, etc.) shall apply in relation to subparagraph (1) above as they apply in relation to section 265.

Acts referred to in Part 1

8In this Part of this Schedule—

• " 1971 Act " means the [1971 c. 78.] Town and Country Planning Act 1971;

• " 1972 Act " means the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

• " 1973 Act " means the [1973 c. 56.] Local Government (Scotland) Act 1973.

PART IIModification of Scheme, Etc

Modification of scheme

9(1)Where an order has been made under paragraph 5 above, the Secretary of State may invite the enterprise zone authority to prepare modifications to the scheme.

(2)The invitation may contain directions as to the drawing up of the modifications (in particular, as to their form or content or any consultations to be made).

10(1)The enterprise zone authority may prepare modifications to a scheme in draft in accordance with the terms of the invitation.

(2)Paragraphs 2(2) and (3), 3 and 4 above shall apply in relation to modifications to a scheme as they apply in relation to a scheme.

11(1)If an enterprise zone authority adopts modifications to a scheme, the Secretary of State may (if he thinks it expedient to do so) notify the authority of his approval of them.

(2)No such notification may be given until—

(a)the expiry of the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above (as applied by paragraph 10 above); or

(b)if an application in relation to the scheme is made under paragraph 4(1) above (as so applied), the time at which any proceedings arising out of the application are disposed of,

whichever is the later.

(3)The notification shall specify the date of the modifications taking effect (the effective date of modification).

12(1)As soon as practicable after the date of the notification, the enterprise zone authority shall publish an advertisement in accordance with sub-paragraphs (2) and (3) below.

(2)The advertisement shall contain—

(a)a statement that the Secretary of State has notified the authority of his approval of the modifications; and

(b)a statement that a copy of the modifications can be inspected without payment; and

(c)a statement of the address where and times when they can be inspected.

(3)The advertisement shall be published—

(a)in the London Gazette or, if the scheme relates to an enterprise zone in Scotland, the Edinburgh Gazette ; and

(b)on at least two occasions, in a newspaper circulating in the enterprise zone.

13The power to modify a scheme under the preceding provisions of this Part of this Schedule includes power wholly to replace a scheme.

14In the following provisions of this Schedule references to a modified scheme are references to a scheme modified under this Part of this Schedule.

Modification of orders by Secretary of State

15(1)Subject to sub-paragraph (3) below, the Secretary of State may (if he thinks it expedient to do so) by order modify any order made under paragraph 5 above.

(2)Without prejudice to the generality of sub-paragraph (1) above, an order under this paragraph—

(a)may extend the period for which the zone is to remain an enterprise zone ; and

(b)may provide—

(i)if the enterprise zone is in England or Wales, that the enterprise zone authority shall be the local planning authority for the zone for different purposes of the 1971 Act, or in relation to different kinds of development; and

(ii)if the enterprise zone is in Scotland, that the enterprise zone authority shall be the planning authority exercising district planning functions (within the meaning of section 172 of the 1973 Act) for the zone for different purposes of the 1972 Act, or in relation to different kinds of development.

(3)The power conferred by sub-paragraph (1) above does not include—

(a)power to alter the boundaries of an enterprise zone ;

(b)power to designate a different enterprise zone authority for the zone ; or

(c)power to reduce the period for which the zone is to remain an enterprise zone.

(4)The power to make an order under this paragraph shall be exercisable—

(a)by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)only with the Treasury's consent.

(5)The power to amend orders conferred by section 14 of the [1978 c. 30.] Interpretation Act 1978 does not include power to amend an order made under this paragraph.

(6)The power to revoke orders conferred by that section does not include power to revoke any order made under this paragraph which extends the period for which a zone is to remain an enterprise zone before the expiry of the extended period.

Change of enterprise zone authority

16(1)This paragraph applies where—

(a)the body designated as an enterprise zone authority is a new town corporation or an urban development corporation; and

(b)the Secretary of State intends to make an order dissolving that body under section 41 of the [1965 c. 59.] New Towns Act 1965 or section 36 of the [1968 c. 16.] New Towns (Scotland) Act 1968 or under section 166 above.

(2)Where this paragraph applies, the Secretary of State may by order made by statutory instrument designate as the enterprise zone authority for the zone any body which he could have invited to prepare a scheme for the area comprised in the zone under paragraph 1 above.

(3)An order under this paragraph shall specify the date on which the body is to become the enterprise zone authority.

PART IIIPlanning

General

17(1)An order designating an enterprise zone under this Schedule shall (without more) have effect on the effective date to grant planning permission for development specified in the scheme or for development of any class so specified.

(2)The approval of a modified scheme under paragraph 11 above shall (without more) have effect on the effective date of modification to grant planning permission for development specified in the modified scheme or for development of any class so specified.

(3)Planning permission so granted shall be subject to such conditions or limitations as may be specified in the scheme or modified scheme or (if none are specified) unconditional.

(4)Subject to sub-paragraph (5) below, where planning permission is so granted for any development or class of development, the enterprise zone authority may direct that the permission shall not apply in relation—

(a)to a specified development; or

(b)to a specified class of development; or

(c)to a specified class of development in a specified area within the enterprise zone.

(5)An enterprise zone authority shall not give a direction under sub-paragraph (4) above unless they have submitted it to the Secretary of State and he has notified them that he approves of their giving it.

(6)If the scheme or the modified scheme specifies matters, in relation to any development it permits, which will require approval by the enterprise zone authority, the permission shall have effect accordingly.

(7)Notwithstanding sub-paragraphs (1) to (6) above, planning permission may be granted under the 1971 Act or the 1972 Act in relation to land in an enterprise zone (whether the permission is granted in pursuance of an application made under Part III of the 1971 Act or Part III of the 1972 Act or by a development order).

(8)Nothing in this Part of this Schedule prejudices the right of any person to carry out development apart from this Part.

Amendments of 1971 Act

18(1)This paragraph amends the 1971 Act in consequence of paragraph 17 above.

(2)In section 41(3) (exceptions to provisions about limit of duration of planning permission) insert after paragraph (a)—

“(aa)to any planning permission granted by an enterprise zone scheme ;”.

(3)In section 53(1) (application to determine whether planning permission required, having regard to development order) after " development order " insert " and of any enterprise zone scheme ".

(4)In section 209(1) (stopping up or diversion of highway) insert after " Part III of this Act " the words " or by virtue of Schedule 32 to the Local Government, Planning and Land Act 1980 ".

(5)In section 290(1) (interpretation) insert at the appropriate place in alphabetical order—

• “' enterprise zone scheme ' means a scheme or modified scheme having effect to grant planning permission by virtue of Schedule 32 to the Local Government, Planning and Land Act 1980 ;”.

Amendments of 1972 Act

19(1)This paragraph amends the 1972 Act in consequence of paragraph 17 above.

(2)In section 38(3) (exceptions to provisions about limit of duration of planning permission) insert after paragraph (a)—

“(aa)to any planning permission granted by an enterprise zone scheme ;”.

(3)In section 51(1) (applications to determine whether planning permission required) after " development of the land " insert—

“and, if so, whether an application for planning permission in respect thereof is required under this Part of this Act, having regard to the provisions of the development order and of any enterprise zone scheme”.

(4)In section 198(1) (stopping up or diversion of highway) insert after " Part III of this Act " the words " or by virtue of Schedule 32 to the Local Government, Planning and Land Act 1980 ".

(5)In section 275(1) (interpretation) insert at the appropriate place in alphabetical order—

• “' enterprise zone scheme ' means a scheme or modified scheme having effect to grant planning permission by virtue of Schedule 32 to the Local Government, Planning and Land Act 1980;”.

Enterprise zone authority as planning authority

20(1)Where under paragraph 5(7) above an order designating an enterprise zone provides that the enterprise zone authority shall be the local planning authority for the zone, then while the zone subsists, the enterprise zone authority shall be, to the extent mentioned in the order and to the extent that it is not already, the local planning authority for the zone in place of any authority which would otherwise be the local planning authority for the zone.

(2)Where under paragraph 5(8) above an order designating an enterprise zone provides that the enterprise zone authority shall be the planning authority exercising district planning functions for the zone, then, while the zone subsists, the enterprise zone authority shall be, to the extent mentioned in the order and to the extent that it is not already, the planning authority for the zone in place of any authority which would otherwise be the planning authority for the zone.

Saving where scheme is modified

21Nothing in a modified scheme shall prevent the carrying on of operations started before the effective date of modification in accordance with the scheme as it had effect before that date.

Termination of enterprise zone

22(1)This paragraph has effect where an area ceases to be an enterprise zone, and in this paragraph a reference to the termination date is to the date when the area so ceases.

(2)The scheme does not authorise the carrying out of operations after the termination date, even if they started to be carried out before that date in accordance with the scheme.

Structure and local plans

23(1)As soon as practicable after an order has been made under paragraph 5 above or a notification has been given under paragraph 11 above—

(a)any county planning authority for an area in which the enterprise zone is wholly or partly situated shall review any structure plan for their area or for part of it which relates to the whole or part of the zone in the light of the provisions of the scheme or modified scheme ; and

(b)any local planning authority for an area in which the enterprise zone is wholly or partly situated shall review any local plan prepared by it which relates to any land in the zone.

(2)A county planning authority shall submit to the Secretary of State proposals for any alterations to a structure plan which they consider necessary to take account of the scheme or the modified scheme.

(3)Where an enterprise zone is wholly or partly situated in Greater London, sub-paragraphs (1) and (2) above shall have effect as if the references to the county planning authority were references to the Greater London Council and the references to the structure plan were accordingly references to the Greater London development plan.

(4)A local planning authority shall make proposals for any alterations to such a local plan as is mentioned in sub-paragraph (1)(6) above which they consider necessary to take account of the scheme or the modified scheme, or for the repeal or replacement of any of those plans whose repeal or replacement they consider necessary for that purpose.

(5)This paragraph shall apply only to England and Wales.

24(1)As soon as practicable after an order has been made under paragraph 5 above or a notification has been made under paragraph 11 above—

(a)any planning authority exercising regional planning functions for an area in which the enterprise zone is wholly or partly situated shall review any structure plan for their area or for part of it which relates to the whole or part of the zone in the light of the provisions of the scheme or modified scheme ; and

(b)any planning authority exercising district planning functions in an area in which the enterprise zone is wholly or partly situated shall review any local plan prepared by it which relates to any land situated in the zone.

(2)A planning authority exercising regional planning functions shall submit to the Secretary of State proposals for any alterations to a structure plan which they consider necessary to take account of the scheme or the modified scheme.

(3)A planning authority exercising district planning functions shall make proposals for any alterations to such a local plan as is mentioned in sub-paragraph (1)(b) above which they consider necessary to take account of the scheme or modified scheme, or for the repeal or replacement of any of those plans whose repeal or replacement they consider necessary for that purpose.

(4)In this paragraph " regional planning functions " and " district planning functions" have the meanings assigned to them by section 172 of the [1973 c. 65.] Local Government (Scotland) Act 1973.

(5)This paragraph shall apply only to Scotland.

Regulations

25(1)The Secretary of State may by regulations made by statutory instrument-

(a)make provision as to the procedure for giving a direction under paragraph 17(4) above;

(b)make provision as to the method and procedure relating to the approval of matters specified in a scheme or modified scheme as mentioned in paragraph 17(6) above ;

(c)make transitional and supplementary provision in relation to any provision mentioned in paragraph 20 above of an order designating an enterprise zone.

(2)Regulations under sub-paragraph (1) above may modify any planning enactment or may apply any planning enactment (with or without modification) in making any provision mentioned in that sub-paragraph.

Interpretation

26(1)In this Part of this Schedule—

• " planning enactment " means any provision of the 1971 Act or of the 1972 Act or of any instrument made under either of them ;

• " the 1971 Act " means the [1971 c. 78.] Town and Country Planning Act 1971 ;

• " the 1972 Act " means the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.

(2)Any expression used in this Part of this Schedule and to which a meaning is assigned—

(a)in relation to England and Wales, by the 1971 Act; or

(b)in relation to Scotland, by the 1972 Act,

has, in relation to England and Wales or, as the case may be, in relation to Scotland, the meaning so assigned to it.

PART IVRates—England and Wales

No rates on certain hereditaments

27(1)No person shall be liable to pay rates in respect of an exempt hereditament as regards any period during which the area in which the hereditament is situated is designated as an enterprise zone.

(2)Sub-paragraph (1) above does not affect any duty arising under the 1967 Act to insert particulars in a valuation list with respect to the hereditament and its value.

(3)A hereditament is an exempt hereditament for the purposes of this paragraph unless—

(a)it is a dwelling-house, a private garage or private storage premises, or

(b)it is specified in Schedule 3 to the 1974 Act (hereditaments of certain public utilities etc), or

(c)it is a hereditament which is occupied by a public utility undertaking and of which the value falls to be ascertained on the profits basis.

(4)For the purposes of this paragraph a hereditament that is not in use shall nevertheless be treated as a dwelling-house, a private garage or private storage premises if it appears that, when next in use, it will be a hereditament of that description.

Mixed hereditaments

28(1)As regards any period during which the area in which a mixed hereditament is situated is designated as an enterprise zone, the valuation officer shall determine the portion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private dwelling or private dwellings.

(2)Where a determination in respect of a hereditament has been made under sub-paragraph (1) above, the amount of any rates payable in respect of the hereditament shall be the amount which would be payable in respect of it if it were a dwelling of a rateable value equal to the portion of the rateable value which was determined under that sub-paragraph.

(3)Subsection (6) of section 48 of the 1967 Act (which confers power to make regulations about the determination of questions relating to domestic rate relief and which is amended by section 33(7) above) shall have effect as if—

(a)the reference to the proportion mentioned in subsection (5) of that section included a reference to the portion mentioned in sub-paragraph (1) above ; and

(b)the reference to the view taken by the rating authority included a reference to the view taken by the Valuation Officer; and

(c)the reference to a previous determination made by virtue of that subsection included a reference to a previous determination made by virtue of this paragraph,

and the references to determinations in paragraphs (a) and (b) of that subsection shall accordingly include references to determinations made by virtue of this paragraph.

Grants

29(1)The Secretary of State shall make grants to rating authorities who lose revenue from exempt hereditaments in consequence of the provisions of this Part of this Schedule.

(2)Such grants shall be paid out of money provided by Parliament

(3)Such grants shall be paid at such times as the Secretary of State may, with the consent of the Treasury, determine.

30(1)Subject to sub-paragraph (2) below, a grant to a rating authority under paragraph 29 above shall be of such an amount as will fully compensate the authority for the lost revenue mentioned in sub-paragraph (1) of that paragraph.

(2)Where the specified proportion, as defined in paragraph 1(2A) of Schedule 1 to the 1967 Act (rating of unoccupied property) differs in different parts of a rating area, the Secretary of State need only nav the rating authority, in respect of loss of rates on property rateable by virtue of section 17 of that Act, an amount which will compensate them for such proportion as he thinks fit of the revenue lost by them in consequence of the provisions of this Part of this Schedule.

31In section 1(2) of the 1974 Act (amount available for grants to local authorities) after the words "or section 69 of the Local Government, Planning and Land Act 1980" (inserted by section 69(3) above), in each place where they occur, there shall be inserted the words " or paragraph 29 of Schedule 32 to that Act ".

Supplementary

32(1)In this Part of this Schedule " dwelling-house ", " profit basis " and " valuation officer " have the meanings assigned to them by section 115 of the 1967 Act and—

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

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

• " the 1967 Act " means the [1967 c. 9.] General Rate Act 1967 ; and

• " the 1974 Act " means the [1974 c. 7.] Local Government Act 1974.

(2)This Part of this Schedule applies to England and Wales only.

PART VRates—Scotland

No rates on certain lands and heritages

33(1)No person shall be liable to pay rates in respect of exempt lands and heritages as regards any period during which the area m which the lands and heritages are situated is designated as an enterprise zone.

(2)Lands and heritages are exempt lands and heritages for the purpose of this paragraph unless—

(a)they comprise a dwelling-house, a private garage or private storage premises, or

(b)they are specified in Schedule 1 to the [1975 c. 30.] Local Government (Scotland) Act 1975 (lands and heritages valued by formula), or

(c)they are occupied by a public utility undertaking and the value of such lands and heritages falls to be ascertained by reference to the profits of the undertaking carried on therein.

(3)For the purposes of this paragraph lands and heritages that are not in use shall nevertheless be treated as a dwelling-house, a private garage or private storage premises if it appears that, when next in use, they will be lands and heritages of that description.

(4)In this paragraph—

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

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

• " rates " do not include domestic water rate.

Grants to Compensate Rating Authorities for Loss of Revenue

34(1)The Secretary of State shall make grants to rating authorities who lose revenue from exempt lands and heritages in consequence of the provisions of this Part of this Schedule.

(2)Such grants shall be paid out of money provided by Parliament.

(3)Such grants shall be paid at such times as the Secretary of State may, with consent of the Treasury, determine.

(4)A grant to a rating authority under this paragraph shall be of such an amount as will fully compensate the authority for the lost revenue mentioned in sub-paragraph (1) above.

Supplementary

35This Part of this Schedule applies only to Scotland.

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.”

Section 194.

SCHEDULE 34Repeals

PART IRepeals consequential on section 1(1)—Various Controls

PART IIRepeals consequential on section 1(2)—Clean Air and Pollution

PART IIIRepeals consequential on section 1(3)—Amenity Etc

PART IVRepeals consequential on section 1(4)—Weights and Measures and Trade

PART VRepeals consequential on section 1(5)—Allotments

PART VIRepeals consequential on section 1(6)—Charges and Rates of Interest Etc

PART VIIRepeals consequential on section 1(7)—Highways

PART VIIIRepeals consequential on section 1(8)—Road Traffic

PART IXRates

PART XTown and Country Planning

PART XICommunity Land

PART XIILand Compensation

PART XIIIRepeals Consequential on Section 118England and Wales

PART XIVTown Development

PART XVNew Towns

PART XVIMiscellaneous