SCHEDULES

Section 1(1).

SCHEDULE 1E+W+S Provisions to which section 1(1) refers

Prevention of damage by Pests Act 1949 (c. 55)E+W+S

1E+W+SSection 2 (power to direct keeping of records etc.)

2E+W+SSection 12 (directions)

Rag Flock and other Filling Materials Act 1951 (c. 63)E+W+S

3E+W+SSection 6 (appeals).

4E+W+SSection 7 (appeals)

5E+W+SSection 15 (regulations about fees for tests).

Food and Drugs Act 1955 (4 & 5 Eliz. 2) (c. 16)E+W+S

[F16E+W+SSection 99 (requirement to transmit copy of public analyst’s report to Minister).]

7E+W+SSection 109 (institution of proceedings).

Agriculture Act 1970 (c. 40)E+W+S

8E+W+SSection 67 (reports).

9E+W+SSection 80 (institution of prosecutions).

Local Government Act 1972 (c. 70)E+W+S

10E+W+SSection 138 (emergencies and disasters).

Slaughterhouses Act 1974 (c. 3)E+W+S

F211E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12E+W+SSection 12(1) (requirement to make byelaws).

F313E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1(2).

SCHEDULE 2E+W+S Relaxation of Controls Over Functions Relating to Clean Air and Pollution

Clean Air Act 1956 (c. 52)E+W+S

F41E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Clean Air Act 1968 (c. 62)E+W+S

F96E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of Pollution Act 1974 (c. 40)E+W+S

7E+W+SIn 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).

8E+W+SIn 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 make 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—E+W+S

(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 11(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[F10(1)The following subsections shall be substituted for subsection (1) of section 13 (dustbins etc.):—E+W+S

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

(c)the placing of receptacles for that purpose of highways;

(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 highways 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 cleaing) for subsection (2), substitute—E+W+S

“(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 if the relevant day specified in the notice, but without prejudice to the effect of the notice.”.

(2)Omit section 22(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 same meanings respectively assigned to them by sections 36(2)(a), 104(1) and 54 of the Road Traffic Regulation Act 1967.”.

12E+W+SIn section 27(1)(b) (interference with receptacles for waste) for “regulations made by virtue of section 13(7)" substitute “ a notice under section 13(1) or (5) ”.

13E+W+SIn section 28(1), (supplementary provisions relating to pipes), omit “in the prescribed form".

F11F1214E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15E+W+SOmit section 73(2)(a) (determination by Secretary of State of questions as to local authority area).

F1316E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17E+W+SIn section 90(2)(b) (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 ”.

F14F1518E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1(3)

SCHEDULE 3E+W+S Relaxion of Controls Over Functions Relating to Amenity Etc.

Commons Act 1876 (c. 56)E+W+S

1E+W+SOmit section 8 (surburban commons procedure).

Commons Act 1899 (c. 30)E+W+S

2(1)In section 2 (procedure for making schemes)—E+W+S

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

3E+W+SIn 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)E+W+S

4E+W+SOmit section 37 (power of Minister to expedite maps etc.).

5E+W+SIn section 61(3), omit paragraph (b) of the proviso (directions as to application of enactments).

F166E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7E+W+SFor section 69 substitute—

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

If, upon application made the the county planning authority by any person interested in land comprised in an access agreement or order, or by any other person appearing the 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.”.

8E+W+SOmit section 79 (access to woodlands).

9E+W+SIn 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)E+W+S

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. ”.E+W+S

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

London Government Act 1963 (c. 33)E+W+S

11E+W+SFor 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)E+W+S

12E+W+SOmit section 17 (access orders: agricultural land).

Caravan Sites Act 1968 (c. 52)E+W+S

13E+W+SFor section 9 substitute—

“9 Power 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)E+W+S

14E+W+SIn 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 perriod) omit “in the prescribed manner" and “in the prescribed manner and".

15E+W+SOmit 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).

16E+W+SIn section 6(2) (under which a local authority are not entitled to exercise their power too 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).

F17SCHEDULE 4E+W+S Relaxation of Controls Over Functions Relating to Weights and Measures and Trade

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

Section 1(5).

F18SCHEDULE 5E+W+S Allotments

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

Section 1(6).

SCHEDULE 6E+W+S Relaxation of Controls Over Charges and Rates of Interest Etc.

Town Police Clauses Act 1847 (c. 89)E+W+S

1E+W+SIn 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 fees as the commissioners may determine shall be paid ”.

F192, 3.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Health Act 1936 (c. 49)E+W+S

4E+W+SIn 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)E+W+S

5E+W+SIn 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)E+W+S

F206E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F217—9.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Libraries and Museums Act 1964 (c. 75)E+W+S

10E+W+SIn section 8(2) of the Public Libraries and Museums Act 1964 (charges for services) the words “noot 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)E+W+S

11E+W+SIn 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)E+W+S

12E+W+SIn 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 “ reaonable rate as the authority may determine ”.

Poisons Act 1972 (c. 66)E+W+S

(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)E+W+S

14E+W+SIn 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 will be inserted the words “ at such reasonable rate as the borough council may determine ”.

Breeding of Dogs Act 1973 (c. 60)E+W+S

F2215E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government (Scotland) Act 1973 (c. 65)E+W+S

16E+W+SIn 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".

F2317—20.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)E+W+S

21E+W+SIn 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 Local 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 7E+W+S

Part IE+W+S Highways

Relaxation of Ministerial controls over the provision of ferriesE+W+S

1(1)So much of section 53 of the M1National Parks and Access to the Countryside Act 1949 (ferries for purposes of long-distance routes)—E+W+S

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

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

shall cease to have effect.

(2)F24

Relaxation of Ministerial controls in respect of footpaths and bridlewaysE+W+S

(1)

2F25(2)In section 30 of that Act (which relates to the making up of new footpaths and bridleways)—E+W+S

(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), (4)

F25(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 authorisation) shall cease to have effect.

(6)In section 29(4) of the M2Countryside Act 1968 (by virtue of which a highway authority are required to consult the Minster of Agriculture, Fisheries and Food before refusing to make an order under that section relating to the making giid 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 expensesE+W+S

(1)

3F26(2)The proviso to section 211(3) of that Act (by virtue of which an order may fic the maximum amount to be charged under a charging order in respect of expenditure on street works) shall cease to have effect.E+W+S

(3)F26

Abolition of Ministerial powers in relation to toll highwaysE+W+S

4E+W+SIn 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.

F275E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of certain procedures for settlement of disputes by MinisterE+W+S

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

(2)The following subsection shall be substituted for section 5(3) of the M3Local 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 reasonable 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 M4Highways 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 eithholding 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)

F28(6)Section 29(3) of the M5Local 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.

Abolition of certain Ministerial controls relating to structures on and near highwayE+W+S

7E+W+SThe following provisions, namely—

(a)in the M6Highways 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 of Highway Acts and associated legislationE+W+S

8(1)Section 280(2), (3) and (4) of the Highways Act 1959 (which give powers ti prescribe the form of various notices, orders, advertisements, certificates and other documents and provise 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) shallcease to have effect.E+W+S

(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 applciation.

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

F299—13.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Traffic on bridges etc.E+W+S

14(1)The following enactments (which relate to the control of traffic on brisges and, amongst other things, give certak=in powers in relation to its control) shall cease to have effect—E+W+S

(a)section 6 of the M7Locomotive Act 1861;

(b)section 7 of the M8Locomotives Act 1898;

(c)section 11 of the M9Ministry of Transport Act 1919;

(d)section 17 of the M10Road Traffic Regulation Act 1967.

(2)Nothing in sub-paragraph (1) abvoe shall effect—

(a)any requirement to obtain consent under section 6 of the M11Locomotive Act 1861 which subsists at the passing of this Act by virtue of the placing of a notice on any bridge, or an yliability 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 M12Locomotives Act 1898 or section 11 of the M13Ministry 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 M14Locomotive 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 [F301984], 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 [F31section 142] of the Road Traffic Regulation Act [F301984]

MiscellaneousE+W+S

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 M15Road Traffic Act 1960) shall cease to have effect.E+W+S

(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.

F32SCHEDULE 8E+W Enactments Mentioned in Section 53(11)(c)

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

Section 55.

F33SCHEDULE 9E+W Domestic Rate Relief Grant

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

Section 63

F34SCHEDULE 10E+W Adjustment of Block Grant in Connection with Education etc.

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

F35SCHEDULE 11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F36SCHEDULE 12E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Section 81.

SCHEDULE 13E+W

F371—8.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F389E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3910E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40SCHEDULE 14E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Section 90.

SCHEDULE 15E+W

F411E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F422—15.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4316E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4417—20.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4521E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4622E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4723E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4824E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4925—28.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 93.

SCHEDULE 16E+W Bodies to whom Part X Applies

[F501AE+WA county borough council.]

[F511B.E+WA corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.]

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

2E+WA district council.

F523E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4E+WA London borough council.

5E+WThe Common Council of the City of London.

F53[F545AE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

5BE+WA joint authority established by Part IV of the Local Government Act 1985.

[F555BZAE+WAn economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.

5BZBE+WA combined authority established under section 103 of that Act.]

[F565BZBAE+WA combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.]

[F575BZC.EThe Greater London Authority.]

F585BAE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F595BBE+W[F60The London Fire and Emergency Planning Authority.]

[F60The London Fire Commissioner.]]

[F615BC.ETransport for London.]

[F625BDE+WA fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.]

[F635CE+WA police and crime commissioner.]

[F635CCE+WThe Mayor's Office for Policing and Crime.]

[F645CD.EThe British Transport Police.]

F655DE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F666E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7E+WA development corporation established under the M16[F67New Towns Act 1981]

8E+WAn urban development corporation established under this Act.

[F688AE+WA housing action trust established under Part III of the Housing Act 1988.]

[F699E+WThe Regulator of Social Housing.]

[F709aE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F7110E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11E+WThe Civil Aviation Authority.

F7212E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7313E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14E+W[F74The Coal Authority]

15E+WThe British Broadcasting Corporation.

F7516E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7617E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7717AE+WThe National Rivers Authority]

18E+WStatutory undertakers [F78other than Canal & River Trust].

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 F79, F80[F81or hydraulic power]

Section 101.

SCHEDULE 17U.K. Community Land Act

Part IU.K. Preliminary

1(1)In this Schedule “the 1975 Act” means the M17Community Land Act 1975.E+W+S

(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 M18Town and Country Planning Act 1971 and “the Scottish Act of 1972” means the M19Town and Country Planning (Scotland) Act 1972.

Part IIE+W+S Repeals

2E+W+SSubject 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:—E+W+S

• section 1 (authorities),

• section 2 (joint boards),

• in section 6, in subsection (1) the definitions of enactment, local authority and new town authority, and subsection (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 IIIU.K. Provisions Re-Enacted Etc.

F824E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5U.K.Each 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 IVE+W+S Savings and Supplementary

GeneralE+W+S

6E+W+SThis Part of this Schedule contains savings and supplementary provisions in respect of certain provisions of the 1975 Act repealed by this Act.

OffencesE+W+S

7E+W+SNo repeal by section 101 above and this Schedule affects liability for any offence committed before the repeal takes effect.

Suspension of planing permissionE+W+S

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

(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, 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 WalesE+W+S

F849E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

LandE+W+S

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.E+W+S

(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.E+W+S

(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 M20New Towns Act 1965, or in section 2 of the M21New 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 authoritiesE+W+S

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

(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 developmentE+W+S

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.E+W+S

(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 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 M22Local 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 III of Schedule 7 (transmission of information).

Disposal notification areasE+W+S

14E+W+SAny saving having effect immediately before the passing of this Act by virtue of pargraph 7 of Schedule 8 shall continue to have effect notwithstanding the repeal of that paragraph by this Act.

Direction to dispose of landE+W+S

15E+W+SThe repeal by this Act of section 45 does not affect a direction made under that section before the passing of this Act.

Section 102.

F85SCHEDULE 18E+W The Land Authority for Wales

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

Section 103.

F87SCHEDULE 19E+W Public Authorities

1E+WThe public authorities for the purposes of section 103(5) above are—

(a)a county council,

[F88(aa)a county borough council,

(ab)a joint planning board in Wales,]

(b)a district council,

(c)a community council,

(d)a Government department,

(e)the Welsh Development Agency,

F89(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F90(fa)a National Park authority;]

(g)a development corporation of a new town whose area (as designated by an order under section 1 of the M23New 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

(i)statutory undertakers.

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

Section 104.

F94SCHEDULE 20E+W Land Authority for Wales: Acquisition of Land

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

Section 106.

F108SCHEDULE 21E+W Land Authority for Wales: Further Provisions

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

Section 110.

F118SCHEDULE 22E+W+N.I. Supplementary Provisions (Wales)

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

Section 118.

SCHEDULE 23E+W+S Land : Miscellaneous Amendments

Part IS Amendments of Acquisition of Land (Authorisation Procedure) Act 1946

F1201S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W+S Amendments of National Parks and Access to the Countryside Act 1949

2(1)Subsection (4) of section 77 of the M38National 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.E+W+S

(2)Accordingly, in subsections (5) of that section, for the words from the beginning to “be" there shall be substituted the words “ The Secretary of State ”.

Part IIIE+W+S Amendments of Town and Country Planning Act 1959

3E+W+SThe following subsection shall be substituted for section 23(2) of the M39Town and Country Planning Act 1959:—

“(2)Before exercising any power of appropriation in relation to land which consists or forms part of 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.”.

F1214E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5E+W+SThe 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 form a part of a common or of a fuel or field garden allotment, an authority to which 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 circultaing in their area; and

(b)shall consider any objections to the proposed disposal which may be made to them.”.

F1226E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1237E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1248—11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VE+W+S Amendments of Local Government Act 1972

12(1)In section 122 of the M40Local Government Act 1972 (appropriation of land by principal councils) the words in subsection (2) following paragraph (b) shall cease to have effect.E+W+S

(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 Space 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.”.

F12513E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14E+W+SThe 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 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.”.

F12615E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16E+W+SSection 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.E+W+S

(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 objetions to the proposed appropriation which may be made to them.

(4B)Where land is 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.”.

F12718E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19E+W+SThe 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 inr elation 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).”.

20E+W+SThe 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 VIE+W+S Amendment of Local Government (Scotland) Act 1973

21E+W+SSection 74A of the M41Local 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 24E+W+S Land Compensation Acts as Amended

F128Part IE+W+S Section 17 of Land Compensation Act 1961

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

Part IIE+W+S Section 25 of M42Land Compensation (Scotland) Act 1963

Certification of appropriate alternative development.E+W+S

25(1)Where an interest in land is proposed to be acquired by an 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 Land 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 25E+W+S New Towns

F1291—6.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W+S Amendment of M43New Towns (Scotland) Act 1968

7E+W+SIn section 18(4) of the 1968 Act, after “disposal thereof by way of" insert “ sale ”.

Part IIIE+W+S Amendment of Land Compensation Act 1961

8(1)After paragraph 8 of Schedule 1 to the M44Land 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:E+W+S

“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 IVE+W+S Amendments of Land Compensation (Scotland) Act 1963

9(1)In Schedule 1 to the M45Land 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:—E+W+S

“Part IIE+W+S Special 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 applies 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.

[F130SCHEDULE 26U.K. Urban Development Corporations

MembersE+W+S

1E+W+SAn 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.E+W+S

(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.

3E+W+SSubject 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.

4E+W+SIf 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.

5E+W+SAny 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.

6E+W+SIf the Secretary of State is satisfied that a member of the corporation (including the chairman or deputy chairman)—

(a)has become bankrupt or [F131has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has] 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.

7E+W+SA member of the corporation who ceases to be a member or ceases to be chairman or deputy chairman shall be eligible for reappointment.

RemunerationE+W+S

8E+W+S The corporation may pay to each member such remuneration and allowances as the Secretary of State may determine [F132with the consent of the Minister for the Civil Service].

9E+W+S The 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 [F133with the consent of the Minister of the Civil Service].

10E+W+SWhere 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 [F134with the consent of the Minister for the Civil Service].

StaffE+W+S

11(1)A corporation may, with the approval of the Secretary of State, appoint such officers and servants as the corporation may determine.E+W+S

(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.E+W+S

(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 [F135with the consent of the Minister for the Civil Service]

Meetings and proceedingsE+W+S

13E+W+SThe 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.

14E+W+SThe validity of any proceedings 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.

[F136Delegation of planning functionsU.K.

14A(1)This paragraph applies in relation to any function conferred on the corporation by virtue of an order under section 149 above.U.K.

(2)The corporation may appoint committees and such committees may appoint sub-committees.

(3)Anything which is authorised or required to be done by the corporation—

(a)may be done by any member of the corporation or of its staff who is authorised for the purpose either generally or specifically;

(b)may be done by a committee or sub-committee which is so authorised.

(4)The corporation may—

(a)determine the quorum of a committee or sub-committee;

(b)make such arrangements as it thinks appropriate relating to the meetings and procedure of a committee or sub-committee.

(5)Anything done for the purposes of sub-paragraph (4) is subject to directions given by the Secretary of State.

(6)The validity of anything done by a committee or sub-committee is not affected by—

(a)any vacancy among its members;

(b)any defect in the appointment of any of its members.

(7)This paragraph does not extend to Scotland.

Delegation of planning functionsU.K.

14B(1)This paragraph has effect in relation to the membership of committees and sub-committees appointed under paragraph 14A.U.K.

(2)A committee may consist of—

(a)such members of the corporation as it appoints;

(b)such other persons as the corporation (with the consent of the Secretary of State) appoints.

(3)A sub-committee of a committee may consist of—

(a)such members of the committee as it appoints;

(b)such persons who are members of another committee of the corporation (whether or not they are members of the corporation) as the committee appoints;

(c)such other persons as the corporation (with the consent of the Secretary of State) appoints.

(4)The membership of a committee or sub-committee—

(a)must always include at least one person who is a member of the corporation;

(b)must not include any person who is a member of the staff of the corporation.]

Instruments, etc.E+W+S

15E+W+SThe 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.

16E+W+SAny 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.

17E+W+SAny 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 disqualificationU.K.

18U.K.In Part III of Schedule 1 to the M46House 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 27E+W+S Vesting of Land in Urban Development Corporations

1—8.F137E+W+S

9E+W+SThe M47Land 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.

10E+W+SReferences 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.

11E+W+SSection 17(2) shall be treated as if for the words “the [F138acquiring authority] have served a notice to treat [F139in respect of the interest] or an agreement has been made for the [F140sale of the interest] 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 ”.

12E+W+SIn 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)".

13E+W+SAny reference to a notice to treat in section 39(2) shall be treated as a reference to an order under section 141 above.

F14114E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W+S Modification of Enactments: Scotland

15E+W+SParagraphs 6 to 13 and 16 to 39 of [F142Schedule 15 to the Town and Country Planning (Scotland) Act 1997] shall have effect in relation to orders under section 141 above, subject to the modifications specified in paragraphs 16 to 20 below.

16E+W+SAny reference to a general vesting declaration shall be treated as a reference to an order under that section.

17E+W+SThe 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.

18E+W+SIn paragraph 6—

(a)the reference to every person on whom, under section 17 of the M48Lands 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.

19E+W+SThe 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.

20E+W+SIn 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.

21E+W+SThe M49Land 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.

22E+W+SReferences 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.

23E+W+SSection 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."

24E+W+SIn 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 “sub-section (2)(b)".

25E+W+SAny reference to a notice to treat in section 45(2) shall be treated as a reference to an order under section 141 above.

26E+W+SIn 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 28E+W+S Urban Development Corporations: Land

Part IE+W+S Modifications of [F1431981] and 1947 Acts

1E+W+SF144... 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 F144...

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—E+W+S

(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 sub-paragraph (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.

[F1453(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.E+W+S

(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 IIE+W+S Acquisition of Land by Agreement

4(1)The provisions of Part I of the M50Compulsory 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 M51Interpretation Act 1978.E+W+S

(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 M52Lands Clauses Consolidation (Scotland) Act 1845) and sections 6 and 70 of the M53Railways 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 M54Mines (Working Facilities and Support) Act 1923 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 M55Interpretation Act 1978.

Part IIIE+W+S Land: Supplementary

Extinguishment of rights over landE+W+S

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.E+W+S

(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 [F146or to any right conferred by or in accordance with [F147the electronic communications code] on the operator of [F148an electronic communications code network] or to any [F149electronic communications apparatus] kept installed for the purposes of any [F150such network]].

(3)In respect of any right or apparatus not falling within sub-paragraph (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 M56Land Compensation Act 1961 or the M57Land Compensation (Scotland) Act 1963.

Power to override easementsE+W+S

6(1)The erection, construction or carrying out, or maintenance, of any building or work on land [F151in Scotland] 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 by virtue of a contract.E+W+S

F152(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Nothing in sub-paragraph (1) F153... above shall authorise interference with an 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 [F154of a right conferred by or in accordance with [F155the electronic communications code] on the operator of [F156an electronic communications code network]].

(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) F157... above, compensation shall be payable under F158... section 61 of the M58Lands Clauses Consolidation (Scotland) Act 1845 and section 6 of the M59Railways 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 F159... 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 the 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 [F160at the instance] of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1) F161... 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 groundsE+W

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.E+W

(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 the 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 plannning 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 regulation 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 M60Burial 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 sub-paragraph (1) of sub-paragraph (5) above.

[F162(11)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.]

(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 ScotlandE+W+S

8..E+W+S[F163Section 197 of the 1997 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 spacesE+W+S

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.E+W+S

(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.

[F164(3)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.]

(4)In the application of this paragraph to Scotland, the words “or fuel or field garden allotment" shall be omitted.

Displacement of personsE+W+S

10[F165(1)]If 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 [F166an enactment mentioned in sub-paragraph (2)] shall prevent that corporation or authority from obtaining possession of the house.E+W+S

[F167(2)The enactments referred to in sub-paragraph (1) are—

(a)the Rent (Agriculture) Act 1976,

(b)the Rent Act 1977,

(c)the Housing Act 1988,

(d)the Rent (Scotland) Acts 1971 to 1975,

(e)the Rent (Scotland) Act 1984,

(f)the Housing (Scotland) Act 1988,

(g)the Private Housing (Tenancies) (Scotland) Act 2016.]

Extinguishment of public rights of wayE+W+S

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.E+W+S

(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 [F168or, in Wales, the local planning authority] (or in Scotland the planning authority [F169within the meaning of section 1 of the 1997 Act]) 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 2 of the M61Restriction 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 M62Trunks 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 [F170the universal service provider (within the meaning of [F171Part 3 of the Postal Services Act 2011]) who provides a universal postal service (within the meaning of [F172that Part]) for the area in which the land is situated].

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.E+W+S

(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 objectors 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 linesE+W+S

[F17313(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 any [F174electronic communications apparatus] was kept installed for the purposes of [F175an electronic communications code network] under, in, on, over, along or across the land over which the right of way subsisted—E+W+S

(a)the power of the operator of [F176the network] to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three 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 apparatus after the end of that period if before the end of that period the operator of [F176the network] has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be;

(b)the operator of [F176the network] may by notice given in that behalf to the corporation or authority not later than the end of the said period of three months abandon the [F174electronic communications apparatus] or any part of it;

(c)subject to paragraph (b), the operator of [F176the network] shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove;

(d)the operator of [F176the network] shall be entitled to recover from the corporation or authority the expense of providing, in substitution for the apparatus and any other [F174electronic communications apparatus] connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any [F174electronic communications apparatus] in such other place as the operator may require;

(e)where under the preceding provisions of this sub-paragraph the operator of [F176the network] has abandoned the whole or any part of any [F174electronic communications apparatus], that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of [F175an electronic communications code network].

(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 in relation to the operator of [F175an electronic communications code network], the Secretary of State shall give notice to the operator of the making of the order.]

Statutory undertakersE+W+S

14(1)Where any land has been acquired by an urban development corporation under section 142 above and—E+W+S

(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)[F177Sections 280 and 282 of the 1990 Act] or as the case may be [F178sections 233 and 235 of the 1997 Act] (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (5) above as they apply to compensation under [F177section 279(2) of the 1990 Act], or as the case may be [F178section 232(4) of the 1997 Act].

[F179(7)Except in a case in which paragraph 13 above has effect—

(a)the reference in paragraph (a) of sub-paragraph (1) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with [F180the electronic communications code] on the operator of [F181an electronic communications code network]; and

(b)the reference in paragraph (b) of that sub-paragraph to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to [F182electronic communications apparatus] kept installed for the purposes of any [F183such network];

and for the purposes of this sub-paragraph, in this paragraph (except the said paragraphs (a) and (b)) and in paragraph 15 below, references to statutory undertakers shall have effect as references to the operator of any [F183such network] and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.]

15(1)Before making an order under paragraph 14(4) above the Ministers proposing to make the order—E+W+S

(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 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 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, and 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—E+W+S

(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 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 sub-paragraph (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)[F184Sections 280 and 282 of the 1990 Act] or as the case may be [F185sections 233 and 235 of the 1997 Act] (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (7) above as they apply to compensation under [F184section 279(4) of the 1990 Act] or, as the case may be, [F185section 232(4) of the 1997 Act].

[F186(9)In sub-paragraph (1)(a) above, the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to [F187electronic communications apparatus] kept installed for the purposes of [F188an electronic communications code network]; and for the purposes of this sub-paragraph, in this paragraph references (except in the said sub-paragraph (1)(a) to statutory undertakers shall have effect as references to the operator of any [F189such network] and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.]

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—E+W+S

(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 his 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—E+W+S

(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 Minsiter, 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.E+W+S

(2)Sub-paragraph (1) above applies to the following acts and events:—

(a)the compulsory acquisition under the 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 his 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 affects 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—E+W+S

(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 an 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 IVE+W+S Acquisition of Rights

GeneralE+W+S

21(1)[F190The 1946 Act and] the M63Compulsory 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.E+W+S

(2)Without prejudice to the generality of sub-paragraph (1) above, in relation to the purchase of rights in pursuance of section 143(4) above—

(a)[F191Part 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.

F19222E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adaptation of Part I of 1965 ActE+W+S

23(1)In the M64Compulsory 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—E+W+S

“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 M65Land 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 ””.

[F193(2)Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—

“SCHEDULE 2AE+W+SCounter-notice requiring purchase of land

IntroductionE+W+S

1(1)This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.

(2)But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).

2In this Schedule “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of landE+W+S

3A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory.

4A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-noticeE+W+S

5On receiving a counter-notice the acquiring authority must decide whether to—

(a)withdraw the notice to treat,

(b)accept the counter-notice, or

(c)refer the counter-notice to the Upper Tribunal.

6The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

9If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory.

Determination by Upper TribunalE+W+S

10On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would—

(a)in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b)in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11In making its determination, the Upper Tribunal must take into account—

(a)the effect of the acquisition of the right,

(b)the proposed use of the right, and

(c)if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take.

13If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.

14(1)If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2)If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(3)Any dispute as to the compensation is to be determined by the Upper Tribunal.”]

(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 [F194enforcement officer's or 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 29E+W+S Planning Functions of Urban Development Corporations— England and Wales

Part IE+W+S

Enactments referred to in Section 149(3)(a)

[F195Sections [F196171C,] 172, 173, [F196173A,] 178, 183, 184, [F197187A,][F196 187B,] 188, [F196196A to 196C] 197, 198, 199, 201, 206, 207, 209, 211, 213 to 215, 219, 220 and 224 [F196324(1)(b) and (c) and (7)] of the 1990 Act.

Sections 3, 4, 8, 10, 11, 13 to 16, 20, 23 to 25, 38, 42, [F19844A,] 47, 48, 50, 53, 54, 60, 69 to 72, 74, 75 and 82 [F19888 and 88A] of the Planning (Listed Buildings and Conservation Areas) Act 1990.]

Part IIE+W+S Enactments 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:—

[F199“1Section 139 of the 1990 Act shall have effect as if after the word “undertakers" there were inserted—

(a)in paragraph (b) of subsection (1) the words “or an urban development corporation";

(b)in paragraph (c) of that subsection, the words “or any urban development corporation"; and

(c)in subsection (3), the words “or urban development corporation".

2Section 140(2)(d) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation".

3Section 141(4) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation".

4Section 143(1)(b) of that Act shall have effect as if—

(a)after the word “undertakers" in the first place where it occurs, there were inserted the words “or an urban development corporation"; and

(b)after that word, in the second place where it occurs, there were inserted the words “or that corporation".

5The definition of “relevant provisions" in section 148 of that Act shall have effect as if after the word “unndertaking" there were added the words “or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980.".

6Section 249 of that Act shall have effect as if—

(a)in subsection (1) after the word “applies" there were inserted the words “subject to subsection (1A)"; and

(b)the following subsection were inserted after that subsection—

"(1A)Any reference in this section and in section 250 to a local planning authority is to be construed as including a reference to an urban development corporation."

7Section 251 of that Act shall have effect as if–

(a)in subsection (1), for the word “Where" there were substituted the words “Subject to subsection (1A), where"; and

(b)the following subsection was 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, 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.".

8Section 258 of that Act shall have effect as if—

(a)in subsection (1), for the word “Where" there were substituted the words “Subject to subsection (1A), 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, then, subject to section 259, the urban development corporation may by order extinguish any public right of way across the land being a footpath or bridleway, if they are 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.".

9Section 330 of that Act shall have effect as if—

(a)after the words “local authority" in the first place where they occur in subsection (1), there were inserted the words “or an urban development corporation"; and

(b)after those words, in the second place where they occur in subsection (1) and in subsection (3), there were inserted the words “or corporation".

10Section 33 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall have effect as if—

(a)in subsection (1)(b) after the word “undertakers" there were inserted the words “or an urban development corporation";

(b)in subsection (1)(c), after the word “undertakers" there were inserted the words “or an urban development corporation";

(c)in subsection (3), after the word “undertakers" there were inserted the words “or corporation".

11Section 34(2)(d) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation".

12Section 35(6) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation".

13Section 36(4) of that Act shall have effect as if after the word “undertakers" in the first place where it occurs there were inserted the words “or an urban development corporation" and in the second place where it occurs there were inserted the words “or that corporation".

14Section 91(2) of that Act shall have effect as if the words “urban development corporation" were inserted at the appropriate place.”]

Section 149

SCHEDULE 30E+W+S Planning Functions of Urban Development Corporations–Scotland

Part IE+W+S Enactments Referred to in Section 149(8)(a)

[F200Sections 125, 127 to 129, 135, 140, 141, 147, 159 to 161, 163, 167, 168, 170, 172, 174, 175, 179, 182 and 186 of the 1997 Act.

Sections 3, 4, 7, 9, 12 to 14, 20 to 24, 34, 38, 42, 43, 45, 48(1), 49, 61 to 64, 66, 73(2) to (4) and 77 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.]

Part IIE+W+S Enactments 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:—

[F2011E+W+SSection 90 of the 1997 Act shall have effect as if after “undertakers" there were inserted—

(a)in subsection (1)(b), “or an urban development corporation";

(b)in subsection (1)(c), “or any urban development corporation"; and

(c)in subsection (3), “or urban development corporation".]

[F2022E+W+SSection 91(2)(c) of that Act shall have effect as if, after “undertakers", there were inserted “or an urban development corporation".]

[F2033E+W+SSection 92(4) of that Act shall have effect as if, after “undertakers" in the first and second places where it occurs, there were inserted respectively “or an urban development corporation" and “or that corporation".]

[F2044E+W+SSection 94(1)(b) of that Act shall have effect as if, after “undertakers" in the first and second places where it occurs, there were inserted respectively “or an urban development corporation" and “or that corporation".]

[F2055E+W+SThe definition of “relevant provisions” in section 99 of that Act shall have effect as if, after “undertaking", there were added “or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980".]

[F2066E+W+SSection 203 of that Act shall have effect as if—

(a)in subsection (1), after “applies" there were inserted “subject to subsection (1A)"; and

(b)the following subsection were inserted after that subsection—

"(1A)Any reference in this section and in section 203 to a competent authority is to be construed as including a reference to an urban development corporation."]

[F2077E+W+SSection 205 of that Act shall have effect as if, after “authorities", there were inserted “and, in an urban development area, the urban development corporation".]

[F2088E+W+SSection 206 of that Act shall have effect as if—

(a)in subsection (1), for “Where" there were substituted “Subject to subsection (1A), 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 paragraphs 4 and 5 of Schedule 16 to this Act, the urban development corporation may by order extinguish any such right over the land, being a footpath or bridleway, if they are so satisfied."]

[F2099E+W+SSection 272 of that Act shall have effect as if, in subsection (1), after “local authority" there were inserted “or an urban development corporation".]

F21010E+W+SSection 29 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 shall have effect as if—

(a)in subsection (1)(b) and (c), after “undertakers" there were inserted “or an urban development corporation"; and

(b)in subsection (3), after “undertakers" there were inserted “or corporation".

F21111E+W+SSection 30 of that Act shall have effect as if—

(a)in subsection (2)(c), after “undertakers" there were inserted “or an urban development corporation"; and

(b)in each of subsections (3), (4) and (5), after “undertakers" there were inserted “or corporation".

F21212E+W+SSection 31(6) of that Act shall have effect as if after “undertakers" there were inserted “or an urban development corporation".

F21313E+W+SSection 32(4) of that Act shall have effect as if after “undertakers" in the first and second places where it occurs there were inserted respectively “or an urban development corporation" and “or that corporation".

[F21414E+W+SSection 81(2) of that Act shall have effect as if “urban development corporation" were inserted in the appropriate place.]

Section 164.

SCHEDULE 31E+W+S Urban Development Corporations: Finance etc.

Part IE+W+S Preliminary

1(1)References in this Schedule to a corporation are to an urban development corporation.E+W+S

(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 IIE+W+S Finance

Financial dutiesE+W+S

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.E+W+S

(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 incidential or supplementary provisions;

(c)be varied by a subsequent determination.

Government grantsE+W+S

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.E+W+S

(2)The payment may be made on such terms as the Secretary of State (with the Treasury’s approval) provides.

BorrowingE+W+S

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—E+W+S

(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 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.

GuaranteesE+W+S

5(1)The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of [F215the payment of interest on and the discharge of any other financial obligation in connection with] any sums which a corporation borrows from a person or body other than the Secretary of State.E+W+S

(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 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.

[F216(3)Any sums required for fulfilling a guarantee under this paragraph shall be charged on and issued out of—

(a)the Consolidated Fund, if required by the Treasury, or

(b)the Welsh Consolidated Fund, if required by the Welsh Ministers.]

(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 sub-paragraph (4) above shall be paid into the Consolidated Fund.

Assumed debtE+W+S

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.E+W+S

(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 incidential 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 fundsE+W+S

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.E+W+S

(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 limitsE+W+S

[F2178(1)The aggregate amount of the sums mentioned in sub-paragraph (2) below shall not exceed £30 million or such greater sum not exceeding £100 million as the Secretary of State may by order made by statutory instrument specify.E+W+S

(2)The sums are—

(a)sums borrowed by all corporations under paragraph 4 above minus repayments made in respect of those sums; and

(b)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: accountsE+W+S

9(1)The Secretary of State shall prepare in respect of each financial year an account—E+W+S

(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 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 IIIE+W+S General Accounts etc.

AccountsE+W+S

10E+W+S–

(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 be 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.

F21810A.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AuditE+W+S

[F21910B.(1)The Ebbsfleet Development Corporation shall send a copy of its accounts and statement of accounts for each financial year ending on or after 31st March 2018 to the Comptroller and Auditor General as soon as reasonably practicable after the end of that year.E+W+S

(2)The Comptroller and Auditor General shall examine, certify and report on the accounts and statement received under sub-paragraph (1).]

11(1)[F220The accounts and statements of accounts of a corporation to which paragraph [F22110B] does not apply] shall be audited by an auditor to be appointed annually by the Secretary of State in relation to the corporation.E+W+S

[F222(2)A person shall not be appointed under sub-paragraph (1) unless he is eligible for appointment as a [F223statutory auditor under Part 42 of the Companies Act 2006].]

(3)A person shall not be qualified for appointment under sub-paragraph (1) above if the person is—

(a)a member, officer or servant of the corporation, [F224; or]

(b)a partner of, or employed by, a member, officer or servant of the corporation, or

[F225(c)a body corporate of which a member, officer or servant of the corporation is a director or officer.]

Transmission to Secretary of StateE+W+S

[F22612E+W+SAs soon as the accounts and statement of accounts of a corporation for any financial year have been audited under paragraph [F22710B(2)] or 11(1), the corporation shall send to the Secretary of State a copy of the statement, together with—

(a)if the accounts and statement have been audited under paragraph [F22710B(2)], a copy of the Comptroller and Auditor General’s report on the accounts and statement,

(b)if the accounts and statement have been audited under paragraph 11(1), a copy of any report made by the auditor on the accounts or on the statement.]

ReportsE+W+S

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 of that year.E+W+S

(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.

[F228(3)The Secretary of State shall lay before each House of Parliament—

(a)a copy of the report under this paragraph, and

(b)in the case of a corporation whose accounts and statement of accounts have been audited under paragraph [F22910B(2)], a copy of the report sent to him under paragraph 12(a).]

InformationE+W+S

14E+W+SWithout 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 32E+W+S Enterprise Zones

Part IE+W+S Designation of Zones

Invitation to prepare schemeE+W+S

1(1)The bodies which may be invited to prepare a scheme under this Schedule are, in relation to England and Wales:—E+W+S

(a)a district council;

[F230(aa)the council of a Welsh county or county borough;]

(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 [F231county, county borough], 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 [F232M66New Towns Act 1981] or section 1 of the M67New 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.

2(1)A body which receives an invitation may prepare a scheme in draft in accordance with the terms of the invitation.E+W+S

(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 F233... but outside Greater London, adequate publicity is given to its provisions in the county in which the area is situated;

[F234(iia)if the area for which the scheme is to be prepared is in Wales, adequate publicity is given to its provisions in the county or county borough 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 schemeE+W+S

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.E+W+S

(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 the 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 validityE+W+S

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.E+W+S

(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 zoneE+W+S

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 scheme relates as an enterprise zone.E+W+S

(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 proceedings 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 M68Interpretation 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)(b) above.

(7)

F235F236(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 designationE+W+S

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.E+W+S

(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 entryE+W+S

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.E+W+S

(2)In relation to England and Wales, [F237subsection (8) of section 324 and section 325 of the 1990 Act] (giving of notice, compensation for damage, etc.) shall apply in relation to sub-paragraph (1) above as they apply in relation [F237to section 324].

(3)In relation to Scotland, [F238subsection (6) of section 269 and section 270of the 1997 Act] (giving of notice, compensation for damage, etc.) shall apply in relation to sub-paragraph (1) above as they apply in relation [F238to section 269].

Acts referred to in Part IE+W+S

8E+W+SIn this Part of this Schedule—

• “ [F2391990] Act” means the Town and Country Planning Act [F2391990]

• “ [F2401997] Act” means the M69Town and Country Planning (Scotland) Act [F2401997];

• “1973 Act” means the M70Local Government (Scotland) Act 1973.

Part IIE+W+S Modification of Scheme, Etc.

Modification of schemeE+W+S

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.E+W+S

(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.E+W+S

(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.E+W+S

(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.E+W+S

(2)The advertisement shall contain—

(a)a statement that the Secretary of State has notified the authority of his approval of the modifictions; 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.

13E+W+SThe power to modify a scheme under the preceding provisions of this Part of this Schedule includes power wholly to replace a scheme.

14E+W+SIn 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 StateE+W+S

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.E+W+S

(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

F241(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 Treasury’s consent.

(5)The power to amend orders conferred by section 14 of the M71Interpretation 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 authorityE+W+S

16(1)This paragraph applies where—E+W+S

(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 M72 New Towns Order 1965 (or section 36 of the M73New 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 IIIE+W+S Planning

GeneralE+W+S

F24217E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of 1971 ActE+W+S

F24318E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of 1972 ActE+W+S

F24419E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enterprise zone authority as planning authorityE+W+S

(1)

20F245F246(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F24721E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24822E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Structure and local plansE+W+S

23F249E+W+S

Structure and local plansE+W+S

F25024E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RegulationsE+W+S

F25125E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

InterpretationE+W+S

26(1)In this part of this Schedule—E+W+S

• “planning enactment” means any provision of [F252the 1990 Act, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990] or of [F253the 1997Act, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or the Planning (Hazardous Substances) (Scotland) Act 1997] or of any instrument made under either of them;

• [F254 “the 1990 Act” means the Town and Country Planning Act 1990]

• [F255“the 1997 Act” means the Town and Country Planning (Scotland) Act 1997].

F256(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F2571990] Act; or

(b)in relation to Scotland, by the [F2531997] Act,

has, in relation to England and Wales or, as the case may be, in relation to Scotland, the meaning so assigned to it.

F258Part IVE+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VS Rates—Scotland

No rates on certain lands and heritagesS

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 in which the lands and heritages are situated is designated as an enterprise zone.S

[F259Provided that where the lands and heritages are situated only partially within any one enterprise zone their value shall, for the purpose of determining what rates (if any) are payable in respect of the lands and heritages, be apportioned between so much of them as lies within, and so much of them as lies outwith, that zone as if—

(i)the apportionment were by reason of their extending into two or more rating areas; and

(ii)the boundary of the enterprise zone were the boundary of such an area.]

(2)Lands and heritages are exempt lands and heritages for the purpose of this paragraph unless—

F260(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F261(b)the rateable values of the lands and heritages are prescribed under or determined by virtue of an order under section 6 of the Local Government (Scotland) Act 1975 (valuation by formula of certain lands and heritages),]

(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.

F262(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this paragraph—

• F263. . .

• F264. . .

• F265. . . [F266; and “rating area” means the area of a rating authority.]

Grants to Compensate Rating Authorities for Loss of RevenueS

34(1)[F267For the financial year 1995-96,]The Secretary of State shall make grants to rating authorities who lose revenue [F267in respect of the non-domestic sewerage rate] from exempt lands and heritages in consequence of the provisions of this Part of this Schedule.S

(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.

SupplementaryS

35SThis Part of this Schedule applies only to Scotland.

Section 193.

SCHEDULE 33E+W+S Minor and Consequential Amendments

Commissioners of Works Act 1894 (c. 23)E+W+S

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 M74Community Land Act 1975.E+W+S

(2)For subsection (1) of section 1 of the said Act of 1894 (which applies the Land Clauses Acts to acquisitions under the M75Commissioners of Works Act 1852), there shall in relation to England and Wales by substituted the following subsection—

“(1)For the purpose of 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, 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 by 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 Railway 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)E+W+S

2E+W+SThe following subsections 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 aggreived 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)E+W+S

F2683E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Landlord and Tenant Act 1954 (c. 56)E+W+S

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).E+W+S

(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)E+W+S

5(1)Sections F269... 19(3) of the M76Land Compensation Act 1961 shall continue to be amended as mentioned in this paragraph notiwithstanding the repeal by this Act of paragraph 4(1) to (3) and (5) of Schedule 10 to the M77Community Land Act 1975.E+W+S

F270(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F270(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) abvoe shall have effect only in relation to applications, or certificates issued in pursuance of applications made after 12 December 1975.

F2716E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land Compensation (Scotland) Act 1963 (c. 51)E+W+S

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 paragraph 5(1) to (3) and (5) of Schedule 10 to the M78Community Land Act 1975.E+W+S

(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 (b) of section 25 ” and for the words “subsection (3)(b)" the words “ subsection (3)(c) ”.

(5)Sub-paragrapphs (3) and (4) abvoe shall have effect only in relation to application to applications, or certificates isued 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.”.

F2728E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2739—11.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27412E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 1972 (c. 70)E+W+S

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 M79Community Land Act 1975.E+W+S

(2)In the said paragraph 55 (which makes provision as to the exercise of functions under section 17 of the M80Land 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. ”

Housing Act 1980 (c. 51)E+W+S

14E+W+SIn Schedule 5 to the Housing Act 1980 (application of M81Landlord 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 a 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 34U.K. Repeals

Part IE+W+S Repeals Consequential on Section 1(1)—Various Controls

Part IIE+W+S Repeals Consequential on Section 1(2)—Clean Air and Pollution

Part IIIE+W+S Repeals Consequential on Section 1(3)—Amenity Etc.

Part IVE+W+S Repeals Consequential on Section 1(4)—Weights and Measures and Trade

Part VE+W+S Repeals Consequential on Section 1(5)—Allotments

PART VIE+W+S Repeals Consequential on Section 1(6)—Charges and Rates of Interest Etc.

Part VIIE+W+S Repeals Consequential on Section 1(7)—Highways

Part VIIIE+W+S Repeals Consequential on Section 1(8)—Road Traffic

Part IXE+W+S Rates

Part XE+W+S Town and Country Planning

Part XIU.K. Community Land

Part XIIE+W+S Land Compensation

Part XIIIE+W+S Repeals Consequential on Section 118 England and Wales

Part XIVE+W+S Town Development

PART XVE+W+S New Towns

PART XVIE+W+S Miscellaneous