Statement

If the Secretary of State is satisfied, after consultation with any local authorities who appear to him to be concerned, that it is expedient in the national interest that any area of land should be developed as a new town by a corporation established under this Act, he may make an order designating that area as the site of the proposed new town.

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

An order under this section— and references in this Act to a new town or proposed new town are to be construed accordingly.

Before making an order under this section designating an area of land in England as the site of a proposed new town, the Secretary of State must consult the following persons (as well as the local authorities mentioned in subsection (1))—

Schedule 1 to this Act has effect with respect to the procedure to be followed in connection with the making of orders under this section designating areas of land in Wales and with respect to the validity and date of operation of such orders.

An order under this section shall, when operative, be a local land charge . . .

This section applies where the Secretary of State is considering designating an area of land in England as the site of a proposed new town in an order under section 1.

The Secretary of State may, in an order under section 1, appoint one or more local authorities to oversee the development of the area as a new town.

But a local authority may only be appointed if the area of land mentioned in subsection (1) is wholly or partly within the area of the local authority.

The Secretary of State may by regulations make provision about how a local authority is to oversee the development of an area as a new town.

Regulations under subsection (4) may, for example—

In subsection (5)(a) the reference to “functions” does not include a power to make regulations or other instruments of a legislative character.

Where two or more local authorities are appointed in an order containing provision by virtue of subsection (2), the Secretary of State may in that order provide—

In this section—

The Secretary of State may make an order excluding any land specified in the order from the area of a new town if, after consulting— he is satisfied that it is expedient to make the order.

Subject to subsections (3) and (4) below, on the coming into force of an order under subsection (1) above—

The Secretary of State may in an order under this section make such provision by way of savings and transitional provisions (including provisions amending provisions made by or under an enactment) as he thinks fit, and subsection (2) above applies subject to any such savings and transitional provisions.

Schedule 2 to this Act applies with respect to the effect of an order made under this section.

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

The Secretary of State shall by order establish a corporation, in this Act called a development corporation, for the purposes of the development of each new town the site of which is designated under section 1 above . . .

A single development corporation may be established for the purposes of the development of more than one new town in England if the Secretary of State considers that having a single development corporation would facilitate efficient development.

A development corporation shall be a body corporate by such name as may be prescribed by the order, and shall consist of—

Schedule 3 to this Act has effect with respect to the constitution and proceedings of a development corporation.

In the case of a development corporation established by an order under this section made by the Welsh Ministers—

Nothing in this Act (except the express provision relating to stamp duty in section 72(1) below) shall be construed as exempting a development corporation from liability for any tax, duty, rate, levy or other charge whatsoever, whether general or local.

In the case of a locally-led development corporation, the number of members other than the chairman and deputy chairman must be prescribed by the order.

Before making an order under this section in relation to a site in England, the Secretary of State must consult the following persons—

The objects of a development corporation established for the purposes of a new town shall be to secure the laying out and development of the new town in accordance with proposals approved in that behalf under this Act.

In pursuing those objects a development corporation that is established for the purposes of a new town in England must aim to contribute to—

To secure such laying out and development every development corporation established for the purposes of a new town in Wales shall have power (subject to section 5 below)— and generally to do anything necessary or expedient for the purposes or incidental purposes of the new town.

For the purposes of subsection (1A) a development corporation must (in particular) have regard to the desirability of good design.

In relation to subsections (1C) and (2) above—

To secure such laying out and development every development corporation established for the purposes of a new town in England has the power (subject to section 5)— and generally to do anything necessary or expedient for the purposes or incidental purposes of the new town. (See also section 4A (powers in relation to infrastructure).)

A development corporation (without prejudice to the generality of the powers conferred on development corporations by this Act)—

A transaction between a person and a development corporation shall not be invalidated by reason of any failure by the corporation to observe— but (it being declared for the avoidance of doubt) nothing in this section shall be construed as authorising the disregard by a development corporation of any enactment or rule of law.

A development corporation established for the purposes of a new town in England may, to secure the laying out and development referred to in section 4(1), provide or facilitate the provision of infrastructure.

In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way).

In this section “infrastructure” means—

Section 4(5) applies in relation to subsection (1) as it applies in relation to section 4(2).

A development corporation does not have power to borrow money except in accordance with sections 58 to 60 below.

The Secretary of State may give directions to any development corporation— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Before giving any directions to a development corporation under subsection (2) above, the Secretary of State shall— unless he is satisfied that, on account of urgency, such consultation is impracticable.

A transaction between— shall not be void by reason only that it was carried out in contravention of a direction given by the Secretary of State under subsection (2) above, and such person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with.

Nothing in this Act shall be construed as authorising a development corporation to carry on— except under the authority of an enactment not contained in this Act specifically authorising them to do so or, in the case of a trolley vehicle undertaking in Wales, under the authority of such an enactment or of an order under section 32 below.

If, in the case of the area of any new town—

An order under this section— may modify the name and constitution of that corporation in such manner as appears to the Secretary of State to be expedient; and for the purposes of this Act that corporation shall be treated as having been established for the purposes of each of those new towns. This subsection is without prejudice to the other provisions of this Act with respect to the variation of orders.

Before making an order under this section— the Secretary of State shall consult with that corporation.

In relation to a new town—

A special development order made by the Secretary of State under section 59 of the Town and Country Planning Act 1990 with respect to the area of a new town— This subsection is without prejudice to the generality of the powers conferred by sections 59 to 61 of that Act of 1990.

In this section the references to a district planning authority shall, in relation to proposals for development of land in Wales or in a metropolitan county, be construed as references to the local planning authority; and in relation to proposals for any development which is a county matter as defined in paragraph 1 of Schedule 1 to the Town and Country Planning Act 1990 and which is of land in a non-metropolitan county, be construed as references to the county planning authority.

This section applies in relation to a development corporation established for the purposes of a new town in England.

The Secretary of State may provide by order for the corporation to be the local planning authority for the specified area—

An order under subsection (2) may provide—

The Secretary of State may provide by order—

An order under subsection (4) may provide—

The Secretary of State may, if the corporation is not a locally-led development corporation, provide by order for the corporation to be the minerals and waste planning authority for the specified area for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004.

The Secretary of State may provide by order that the corporation is to have, in the specified area, the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act.

The area specified under any of the preceding subsections must be the whole, or part, of the area of the new town.

An order under this section may include supplementary or transitional provision or savings.

In this section “specified” means specified in an order under this section.

Subsection (2) applies in relation to any function that a development corporation has by virtue of an order under section 7A(2)(a).

The corporation may make arrangements for the discharge of the function by the council (if any) which would have the function but for the order.

Where arrangements are in force under subsection (2) for the discharge of a function by a council—

Arrangements under subsection (2) for the discharge of a function do not prevent the development corporation from exercising the function.

Subsection (6) applies in relation to any function that a development corporation has by virtue of an order under section 7A(2)(b) or (6).

The corporation may seek assistance in connection with the discharge of the function from the council (if any) which would have the function but for the order; and that council may give such assistance.

In this section, “council” means a county council, district council or London borough council.

In the case of land— a local highway authority or the Secretary of State may enter into an agreement with any owner of the land imposing on the land, so far as that owner’s interest in the land enables him to bind it, restrictions for controlling the development of the land.

Any restrictions imposed by an agreement under subsection (1) above may be enforced by the local highway authority or the Secretary of State, as the case may be, against the owner referred to in that subsection and any person deriving title under him in the like manner and to the like extent—

A development corporation may, with the Secretary of State’s consent, acquire by agreement, or may, by means of an order made by the corporation and submitted to and confirmed by the Secretary of State in accordance with Part I of Schedule 4 to this Act, be authorised to acquire compulsorily—

A compulsory purchase order under this section shall, in so far as it relates to land— be subject to the special provisions of Part IV of Schedule 4.

Where a development corporation have been authorised under subsection (1) above to acquire compulsorily land forming part of a common, open space or fuel or field garden allotment, they may be authorised under that subsection to acquire compulsorily, or may, with the Secretary of State’s consent, acquire by agreement, land for giving in exchange for the land acquired.

Part V of Schedule 4 has effect with respect to the validity and date of operation of compulsory purchase orders under this section.

In relation to operational land of statutory undertakers this section has effect subject to section 13 below.

If the Secretary of State— he may be authorised, by means of an order made by him in accordance with Part III of Schedule 4, to acquire compulsorily any land as to which he is satisfied that its acquisition by him in requisite as mentioned in subsection (1)(i) or (ii).

A compulsory purchase order under this section shall, in so far as it relates to land— be subject to the special provisions of Part IV of Schedule 4.

Where an acquiring authority have been authorised under subsection (1) or subsection (2) above to acquire compulsorily land forming part of a common, open space or fuel or field garden allotment, that authority may be authorised under the same subsection to acquire compulsorily land for giving in exchange for the land acquired.

Part V of Schedule 4 has effect with respect to the validity and date of operation of compulsory purchase orders under this section.

A local highway authority may, with the Secretary of State’s consent, acquire by agreement any land which they could be authorised under subsection (1) to acquire compulsorily.

In relation to operational land of statutory undertakers the foregoing provisions of this section have effect subject to section 13 below.

In the case of operational land of statutory undertakers— and in relation to a compulsory purchase order made as provided in paragraph (a) or paragraph (b) above Parts IV and V of Schedule 4 to this Act shall apply accordingly, subject in the case of Part V to the modifications set out in Part III of Schedule 5.

If— then, unless that objection is withdrawn, any order made on the application or proposal shall be subject to special parliamentary procedure.

Where it is proposed to make an order under section 1 above, any statutory undertakers may, with respect to any land within the area to be designated by the order as the site of the proposed new town, make to the appropriate Minister, in the prescribed form and within the time allowed for making objections to the order, a representation that that land is operational land.

Where a representation is made under subsection (4) above with respect to any land, the Secretary of State and the appropriate Minister may make an order, which shall be subject to special parliamentary procedure, declaring that it is expedient that that land should be subject to compulsory acquisition.

Where, in the case of a compulsory purchase order under section 10, any land to which the order relates is within the area of a new town and is land in relation to which, apart from this subsection, subsection (3) above would apply, then subsection (3) shall not apply in relation to that land—

Part I of the Compulsory Purchase Act 1965 applies in relation to the acquisition of land under this Act subject to any necessary adaptations and to Part I of Schedule 6 to this Act.

The Land Compensation Act 1961, in its application for the purposes of this Act, has effect subject to any necessary adaptations and to Part II of Schedule 6.

A compulsory purchase order may provide for the incorporation with this Act of section 77 of the Railway Clauses Consolidation Act 1845 (which relates to the exception of minerals from purchases) and sections 78 to 85 of that Act (which relate to restrictions on the working of minerals) as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923, or of that section 77 only.

The provision referred to in subsection (3) above— and for the purposes of any such incorporation of those sections, this Act and the compulsory purchase order shall be deemed to be the special Act.

Where statutory undertakers are entitled to compensation in respect of a compulsory acquisition under this Act of operational land, Schedule 7 to this Act shall have effect as regards the assessment of the amount of that compensation.

In this section “compensation in respect of a compulsory acquisition” includes—

Subject to the provisions of this section, upon the completion by the acquiring authority of a compulsory acquisition of land under 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 acquiring authority.

Subsection (1) above shall not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking or to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network or to any electronic communications apparatus kept installed for the purposes of any such network.

In respect of any right or apparatus not falling within subsection (2) above, subsection (1) shall have effect subject—

Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this section shall be entitled to compensation from the acquiring authority.

Any compensation payable under this section shall be determined in accordance with the Land Compensation Act 1961.

A relevant transport authority must—

If the Secretary of State considers that a relevant transport authority has failed to comply with the duty in subsection (1), the Secretary of State may direct the authority to exercise its functions in such a way as to comply with that duty.

If a relevant transport authority fails to comply with a direction under subsection (2), the Secretary of State may by regulations provide for any function of the transport authority that has an effect on the area of the new town for which the development corporation was established to be exercisable by the development corporation.

Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation either generally or subject to such conditions or limitations as may be specified in the regulations.

Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation—

Regulations under subsection (3) may—

The Secretary of State may, in connection with regulations under subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 9B (transfer schemes: general provisions)).

In this section—

A development corporation has no power, except with the Secretary of State’s consent (given generally or specially)—

Where a development corporation purports to dispose of land by virtue of this section, then—

A development corporation has no power to dispose of land by way of mortgage or charge.

In relation to land acquired by a development corporation under this Act, if persons who were living or carrying on business or other activities on land so acquired— the corporation’s powers with respect to the disposal of that land shall be exercised as provided in subsection (2) below.

The corporation’s powers referred to in subsection (1) above shall be so exercised as to secure, so far as practicable, that those persons have an opportunity to obtain such accommodation suitable to their reasonable requirements, on terms settled with due regard to the price at which such land has been acquired from them.

In the case of a person who was carrying on a business of selling alcohol (within the meaning of section 191 of the Licensing Act 2003) by retail on land acquired by a development corporation under this Act, the corporation is not under any duty to afford him an opportunity of obtaining alternative accommodation for such a business.

In this section “transfer scheme” means a scheme under section 1(3ZD) or 9A(7).

The things that may be transferred under a transfer scheme include—

A transfer scheme may—

A transfer scheme may provide—

In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

For the purposes of this section—

The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired by a development corporation or local highway' authority for the purposes of this Act, whether done by the corporation or authority or by any other person, is authorised by virtue of this section if it is done in accordance with planning permission, notwithstanding—

Nothing in subsection (1) above authorises interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.

This section applies to the following interests and rights, that is to say, any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

In respect of any interference or breach in pursuance of subsection (1), compensation shall be payable under section 7 or section 10 of the Compulsory Purchase Act 1965, 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—

Where a person other than the development corporation or local highway authority by whom the land in question was acquired is liable to pay compensation by virtue of subsection (4) above, and fails to discharge that liability, the liability shall be enforceable against that corporation or authority.

Nothing in subsection (5) above shall be construed as affecting any agreement between that corporation or authority and any other person for indemnifying the corporation or authority against any liability under that subsection.

Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in subsection (1).

Nothing in this section shall be construed as authorising any act or omission on the part of a development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the corporation, authority or body.

Any consecrated land, whether including a building or not, which has been acquired for the purposes of this Act by a development corporation or local highway authority, or which has been acquired under this Act by the Secretary of State, may, subject to this section— notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land. This subsection does not apply to land which consists or forms part of a burial ground.

Any use of consecrated land authorised by subsection (1) above— and the use of any land, not being consecrated land, acquired as mentioned in subsection (1), which at the time of acquisition included a church or other building used or formerly used for religious worship, or its site, shall be subject to compliance with the requirements mentioned in paragraph (a) above.

Any regulations made for the purposes of subsection (2) above—

Any land consisting of a burial ground or part of a burial ground, which has been acquired as mentioned in subsection (1) may— 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.

Subsection (4) above does 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 and upon the land have been complied with.

Provision shall be made by any regulations for the purposes of subsections (2) and (5) above—

Subject to any such regulations, no faculty shall be required— and section 25 of the Burial Act 1857 (which prohibits the removal of human remains without the Secretary of State’s licence except in certain cases) does not apply to a removal carried out in accordance with the regulations.

Any power conferred by this section to use land in the manner so provided 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.

Nothing in this section 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 subsection (1) or subsection (4).

Nothing in this section shall be construed as authorising any act or omission on the part of a development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the corporation, authority or body.

In this section—

Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been acquired for the purposes of this Act by a development corporation or local highway authority, or which has been acquired under this Act by the Secretary of State, may— notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.

Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment as is mentioned in subsection (1) above.

Nothing in this section shall be construed as authorising any act or omission on the part of a development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the corporation, authority or body.

Where any land— the Secretary of State may by order extinguish any public right of way over the land.

Where an objection to a proposal to make an order under this section is duly made and is not withdrawn, Schedule 8 to this Act shall have effect in relation to the proposal.

For the purposes of this section an objection to such a proposal shall not be treated as duly made unless—

Where— the order may provide for the payment by the development corporation to that authority, in respect of the compensation so paid, of such sums as the Secretary of State, with the Treasury’s consent, may determine.

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 section of a public right of way, section 11 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.

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

Where an order under section 23 of this Act extinguishing a public right of way is made on the application of a development corporation or local highway authority, and at the time of the publication of the notice required by subsection (2) of that section any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, over, along or across the land over which the right of way subsisted—

Where the Secretary of State makes an order under section 23 above in circumstances in which subsection (1) above applies in relation to the operator of an electronic communications code network, the Secretary of State shall send a copy of the order to the operator.

This section applies to land—

Where, in the case of any land to which this section applies— the acquiring authority may serve on the statutory undertakers a notice stating that, at the end of such period as may be specified in the notice, the right will be extinguished, or requiring that, before the end of such period as may be so specified, the apparatus shall be removed.

The statutory undertakers on whom a notice is served under subsection (2) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the acquiring authority stating that they object to all or any of the provisions of the notice, and specifying the grounds of their objection.

If no counter-notice is served under subsection (3) above—

If a counter-notice is served under subsection (3) on a development corporation or local highway authority, the corporation or authority— and if such an application is made the Secretary of State and the appropriate Minister may make an order under this section accordingly.

If a counter-notice is served under subsection (3) on the Secretary of State, he may withdraw the notice (without prejudice to the service of a further notice) or he and the appropriate Minister may make an order under this section embodying the provisions of the notice, with or without modification.

Where, by virtue of this section— those undertakers shall be entitled to compensation from the acquiring authority at whose instance the right was extinguished or the requirement imposed; and Schedule 7 to this Act has effect as regards the assessment of the amount of that compensation.

Except in a case in which section 24 above has effect— and for the purposes of this subsection, in this section (except in the said paragraphs ( a ) and ( b ) ) and in Schedule 7 to this Act and section 27 below, references to statutory undertakers shall have effect as references to the operator of any such network, references, in relation to such an operator, to the carrying on of his undertaking shall have effect as references to the provision of the electronic communications code network in question and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.

Where the Secretary of State and the appropriate Minister propose to make an order under section 26(6) above, they shall prepare a draft of the order.

Before making an order under section 26(5) or (6), the Ministers proposing to make the order— and may then, if they think fit, make the order in accordance with the application or in accordance with the draft order, as the case may be, either with or without modification.

Where an objection to an order under section 26 is duly made and is not withdrawn before the making of the order, the order shall be subject to special parliamentary procedure.

Subject to subsection (3) above, where an order is made under section 26—

The powers conferred by this section 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—

Those acts and events are—

The powers conferred by this section shall also be exercisable where, on a representation made by a 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— for the purposes of a new town under this Act.

Where the powers conferred by this section 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— as the case may be.

Without prejudice to the generality of subsection (4) above, an order under this section may provide—

Orders under section 28 shall be subject to special parliamentary procedure.

Where—

Subsection (1) above applies to the following acts and events—

As soon as may be after making a representation to the appropriate Minister under subsection (1), the statutory undertakers shall, as may be directed by the appropriate Minister, either—

If any objection to the making of an order under this section is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.

As soon as may be after an order has been made under this section the appropriate Minister shall publish in such form and manner as he thinks fit a notice stating that the order has been made.

The provisions of Part V of Schedule 4 to this Act as to the validity and date of operation of compulsory purchase orders have effect in relation to an order under this section with—

For the purposes of sections 28 and 30 above an objection to the making of an order under those sections shall not be treated as duly made unless—

Where an objection to the making of such an order is duly made in accordance with subsection (1) above and is not withdrawn, Schedule 8 to this Act has effect in relation to the objection.

A development corporation may by means of an order made by the Secretary of State be authorised to operate trolley vehicle services for the purposes of the corporation’s new town.

An order under this section may impose such conditions as appear to the Secretary of State to be required in the interests of the public safety, and may contain such incidental and consequential provisions as appear to him to be necessary or expedient for the purposes of the order, including provisions—

An order under this section shall be subject to special parliamentary procedure.

The Secretary of State— may by order authorise that development corporation to exercise, for the purpose of the sewerage of the area of the new town, any powers exercisable by a water authority under section 15 of the Public Health Act 1936 (construction of sewers and sewage disposal works).

An order under this section may provide for the transfer to the development corporation of any sewers or sewage disposal works vested in the sewerage authority for any district which comprises the area of the new town or any part of that area. This subsection is without prejudice to the provisions of this Act with respect to the acquisition of land by development corporations.

An order under this section may include a direction that such of the provisions of the Public Health Acts 1936 and 1937 or of the Public Health Act 1961 relating to sewerage and sewage disposal, or to sewers, drains, cesspools and sanitary conveniences as may be specified in the order shall apply in relation to the area of the new town, subject to such modifications as may be so specified— The references in this subsection to the provisions Of those Acts of 1936 and 1961 include the provisions of those Acts relating to the payment of compensation, the breaking up of streets and the power to enter on land.

Where, in pursuance of an order under this section, sewers or sewage disposal works are constructed by or vested in a development corporation for the purposes of the sewerage of any part of the district of a sewerage authority within the meaning of the Public Health Act 1936, that authority shall contribute as provided in subsection (5) below towards the expenses of the development corporation in the construction or maintenance of the sewers or sewage disposal works.

The contributions referred to in subsection (4) above shall be of such amount and subject to such conditions— and the payment of any such contributions shall be a purpose for which the sewerage authority may borrow money.

Any order under this section which provides for the transfer to a development corporation of sewers or sewage disposal works vested in a sewerage authority may provide for the payment by the corporation to the authority, in consideration of the transfer, of such sum—

The body corporate established by the name of the Commission for the New Towns (in this Act referred to as the Commission) continues in being.

In relation to the Commission— and nothing in this Act, except the express provision relating to stamp duty in section 72(1), shall be construed as exempting the Commission from liability to any tax, duty, rate, levy or other charge whatsoever, whether local or general.

Part V of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which provides for the making to service men of payments to make up their civil remuneration) has effect as if in Part I of Schedule 2 to that Act the capacities specified in the first column included that of employee of the Commission, and the Commission were specified as respects that capacity in the second column.

Schedule 9 to this Act has effect with respect to—

The Welsh Ministers may—

In exercising their functions under subsection (1), the Welsh Ministers must have regard to the considerations specified in subsection (2).

Those considerations, in relation to any new town or urban development area, are—

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

A transaction between a person and the Welsh Ministers shall not be invalidated by reason of any non-compliance by the Welsh Ministers with the obligation to have regard to the considerations specified in subsection (2) above ...

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

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

In this section “urban development area” means land which is or was, or is or was part of, an urban development area (within the meaning of Part XVI of the Local Government, Planning and Land Act 1980) and—

The Commission does not have power to borrow money except in accordance with sections 58 to 60 below.

The Commission in discharging their functions shall comply with such directions as may be given to them by the Secretary of State, but in giving any such direction he shall have regard to the provisions of section 36(2) above.

The Commission shall not without the authority given generally or specially of the Secretary of State—

The Commission shall not have power to dispose by way of gift, mortgage or charge of any land or, except as provided by section 36(3)(b), of any other property.

A transaction between a person and the Commission shall not be invalidated by reason of any failure by the Commission to comply with directions given by the Secretary of State under subsection (2) above, and such a person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with.

Where the Commission purports to dispose of land by virtue of section 36, then—

References in this section to disposing of land, or of property, shall be construed as including references to granting any interest in or rights over it.

The council of a county or district in which the whole or any part of the area of a new town is situated may, at the request of the Commission and for such consideration and on such other terms and conditions as may be agreed between the council and the Commission—

This section applies in relation to a joint board discharging functions of any such council as mentioned above as it applies in relation to the council.

Subject to the provisions of this section, a development corporation may, by an agreement made with any local authority or any statutory undertakers and approved by the appropriate national authority with the concurrence of the Treasury— upon such terms as may be prescribed by the agreement. The foregoing provision is without prejudice to the powers of development corporations under this Act to dispose of any of their property, including any trade or business carried on by them.

Before approving an agreement under this section the appropriate national authority shall consult with the council of every county and of every district in which the whole or any part of the area of the new town is situated, except, in the case of an agreement made with such a council, the council with whom it is made.

Subsection (2) above shall have effect in the case of a development corporation established by the Welsh Ministers as if for “and of every district” there were substituted or county borough.

Before approving an agreement under this section for the transfer of a statutory undertaking, the appropriate national authority shall publish in the London Gazette, and in one or more newspapers circulating in the area in which the new town is situated, a notice stating that the agreement has been submitted for approval, and describing the general effect of the agreement.

In a case in which the appropriate national authority is the appropriate national authority, if within 28 days from the publication of the notice in the London Gazette in accordance with subsection (3) above any objection to the agreement is made by any statutory undertakers— subsection (1) above shall apply in relation to the agreement as if for the reference to the Secretary of State there were substituted a reference to the Secretary of State and the appropriate Minister.

If the appropriate national authority is satisfied that it is expedient, having regard to any agreement made or proposed to be made under this section, that the liability of the development corporation in respect of advances made to them under the following provisions of this Act should be reduced, the authority may, with the Treasury’s consent, by order, reduce that liability to such extent as may be specified in the order.

The payment of any sums payable by a local authority for the purposes of an agreement under this section shall be a purpose for which that authority may borrow money.

No order shall be made under subsection (5) above—

This section shall have effect as if references to statutory undertakers included references to the operator of an electronic communications code network and as if for this purpose—

A development corporation for a new town who have, in pursuance of an order under section 34 above, been carrying on a sewerage or sewage disposal undertaking may— transfer the whole or any part of the undertaking to that authority.

An order made by the Secretary of State—

The terms on which the whole or any part of an undertaking is transferred by an order under this section— but the total of the sums so paid shall not exceed the total capital cost of the undertaking less depreciation written off.

Before making an order under this section the Secretary of State shall consult with the water authority and with any other authority appearing to him to be concerned.

The Secretary of State shall give notice of any order which he proposes to make under this section— and if within 28 days after he has given such notice either of them gives notice to him that they object to the proposal, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

Where, after consultation with the council of every county and of every district in which the whole or any part of the area of a new town is situated, the appropriate national authority is satisfied that the purposes for which the development corporation is established under this Act have been substantially achieved, the authority shall by order direct—

Subsection (1) above shall have effect in the case of a development corporation established by the Welsh Ministers as if for “and of every district” there were substituted “or county borough”.

With respect to the transfer to the relevant transferee by an order under this section of the property of a development corporation and with respect to matters arising out of the transfer or out of the dissolution of the corporation—

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

Where by virtue of an order under section 6 above a development corporation discharges functions in relation to more than one new town, the appropriate national authority may make an order under subsection (1) above in relation— as if the corporation were not concerned with the other or others, but without providing for the dissolution of the corporation.

In the case of any such order, Schedule 10 shall apply subject to such modifications as may be provided by the order for the purpose in particular of determining what part of the corporation’s property, rights, liabilities and obligations is to be transferred to the relevant transferee.

A scheme may be made in accordance with and subject to this Part of this Act providing for the transfer from a new town corporation of their interest in any dwellings of a new town and any of their associated property, rights, liabilities and obligations to the council of the district in which the dwellings are situated or any adjoining district.

In this Part, except where the context otherwise requires— and cognate expressions shall be construed accordingly.

The following property, rights, liabilities and obligations of a new town corporation shall be treated for the purposes of this Part as associated with any transferred dwellings in which they have or had an interest—

Those conditions are—

Where— the new town corporation or the council of any district within which any part of the area of the town is situated may request the other and the Secretary of State to enter into consultations with a view to a transfer scheme being made in respect of the new town by the corporation and the council.

The corporation and the council and the Secretary of State shall then enter into such consultations—

If after any consultations under section 43 above with respect to a new town it appears to the Secretary of State that it is expedient for the new town corporation and a district council to whom directions have been given or by or to whom a request has been made under that section to make a transfer scheme, he may, subject to the following provisions of this Part of this Act, give directions as provided in subsection (2) below.

The Secretary of State may accordingly direct the corporation and the council to make and submit to him within a specified time—

In determining what land should or should not be transferred by a transfer scheme the Secretary of State and the parties making the scheme shall have regard to the need for facilitating proper estate management, after the vesting of the transferred land, both of that land and of any other land in its vicinity.

Directions under this section shall, unless they state that in the Secretary of State's opinion it is not appropriate for the corporation and the council concerned to enter into management arrangements with respect to any land in the new town, require the corporation and council to include in the scheme management arrangements, that is, arrangements for the management by the council—

The parties may exclude any dwelling from management arrangements if in their opinion it is unlikely that the dwelling will be transferred by a subsequent transfer scheme or there are other special reasons for its exclusion.

Directions under this section may—

A transfer scheme shall—

A transfer scheme may include such incidental, consequential, transitional or supplemental provisions as may appear to the parties making tie scheme to be necessary or proper.

A new town corporation and any district council to whom directions have been given under section 44 above to make a transfer scheme shall, subject to subsection (2) below, endeavour within the time specified in the directions to agree with each other on the provisions to be included in the proposed scheme and to prepare it and submit it to the Secretary of State.

The Secretary of State may on the application of the new town corporation or any district council to whom directions have been so given extend the time so specified.

Where a proposed transfer scheme is submitted to the Secretary of State by a new town corporation and a district council in pursuance of directions under section 44, then—

Where on consideration of any such scheme so submitted the Secretary of State approves the scheme without modifications or rejects it, he shall notify the corporation and council concerned of his decision.

Where on consideration of any such scheme so submitted the Secretary of State proposes to approve it with modifications, he shall notify the corporation and council concerned of the modifications which he proposes to make and shall give them an opportunity to comment on the proposed modifications and send them a copy of the scheme as finally approved.

If— he may, instead of approving the scheme (where he has power to do so) or rejecting it, with the Treasury's consent, refer it back to the corporation and council concerned and give them directions under section 44 to make and submit the scheme to him again within a specified time without any management arrangements.

If— he may exercise his power of making a transfer scheme under subsection (6) above without including any management arrangements.

A transfer scheme shall—

A transfer scheme approved or made by the Secretary of State shall— and may be enforced accordingly, but, subject to subsection (3) below, may only be varied with the Secretary of State's approval.

The Secretary of State may, on or at any time after notifying the corporation or council concerned of his approval of a transfer scheme without modifications or, as the case may be, sending them a copy of the scheme as finally approved, give directions with the Treasury's consent that the corporation and council may vary the scheme in a specified manner, or vary any specified provisions or any specified description of provisions of the scheme, without his approval.

Any power of varying a transfer scheme does not include power—

Where any proposed variations of a transfer scheme are submitted to the Secretary of State for his approval under subsection (2) above, he may, with the Treasury's consent, approve them with or without modifications or he may reject them, and shall in any event notify the corporation and council concerned of his decision.

Where an interest in buildings or other land is vested by a transfer scheme in a district council or buildings are or other land is managed by such a council in pursuance of management arrangements included in such a scheme, the buildings or other land shall be treated as having been provided or, as the case may be, acquired or appropriated under Part V of the Housing Act 1957, but—

Where an interest in land is so vested, any installations on other land which are transferred by the scheme and are of a kind which could have been provided under Part V of the Housing Act 1957 shall, unless the Secretary of State otherwise directs, be treated as having been so provided.

Without prejudice to subsection (6) above, where land is managed by a district council in pursuance of management arrangements, the council shall have all the powers, rights, liabilities and obligations of the new town corporation relating to the land, except—

Where a person enters into a transaction with a district council relating to a power, right, liability or obligation certified by the corporation concerned under subsection (8)(c) above and with reasonable cause believes that the council have that power, right, liability or obligation, then—

As soon as reasonably practicable after being notified that a transfer scheme has been approved or made by the Secretary of State, the corporation and council concerned shall—

A new town corporation's right of nominating tenants under a transfer scheme shall, subject to subsection (2) below, be such right as may be agreed between the parties to the scheme, or (in the case of a scheme made by the Secretary of State under section 46(6) above) as may be determined by him, to nominate tenants for a number or proportion of the dwellings provided (or treated by section 47(6) above as provided) by the district council concerned under Part V of the Housing Act 1957.

Subject to subsection (3) below, the corporation's right of nominating tenants shall be exercisable during the following period or periods—

The Commission and the district council concerned may, with the Secretary of State's consent, agree to substitute a less period for the period of 5 years specified in paragraph (b) or, as the case may be, (c) of subsection (2) above.

The following provisions of this section shall have effect where the interest of a new town corporation in any land is vested by a transfer scheme in a district council or land in which such a corporation have an interest is managed in pursuance of management arrangements included in such a scheme.

In each financial year the council shall pay the corporation a sum determined in accordance with a method specified in the scheme to be equal as nearly as practicable to the aggregate of the amounts payable by the corporation by way of repayment of capital and payment of interest in that year in respect of the relevant portion (for the time being determined) of the corporation's total capital loan debt (so determined).

For the purposes of paragraph 3(1)(a) of Schedule 1 to the Housing Finance Act 1972 (debits to Housing Revenue Account to include certain loan charges) the housing element of any sum paid in any financial year by the council under subsection (2) above shall be treated as a loan charge which they are liable to pay for that year in respect of money borrowed by them for the purpose of providing housing accommodation under Part V of the Housing Act 1957.

For the purposes of paragraph 2(1) of Schedule 1 to the Housing Rents and Subsidies Act 1975 (new capital costs element of housing subsidy) the housing element of the relevant portion of the corporation's total capital loan debt shall be treated as capital costs incurred by the district council.

The Secretary of State—

Any amount paid to the council by virtue of subsection (5) above shall be such as appears to the Secretary of State to be appropriate; and if in any financial year the council receives any amount by way of basic element or of an increase in that element by virtue of that subsection, they shall be entitled, subject to paragraph 8 of Schedule 1 to that Act of 1975 (Secretary of State's power to reduce or discontinue a council's basic element), to receive that amount for each later financial year.

In this section "the relevant portion of the corporation's total capital loan debt" means such portion of that debt as the Secretary of State determines— and " housing element", in relation to any sum or any portion of a debt, means so much of the sum or portion as is determined by the Secretary of State to relate to anything treated by virtue of section 47(6) or (7) above as having been provided, acquired or appropriated under Part V of the Housing Act 1957. In this subsection "services" means roads, electricity, gas, water, sewerage and other services.

The power conferred by virtue of sections 152(3) and 153(4) of the Housing Act 1980 to bring into operation Schedule 26 to that Act (repeals) has effect as if that Schedule included references to subsections (4) to (6) above (which correspond to subsections (4) to (6) of section 9 of the New Towns (Amendment) Act 1976). This subsection is without prejudice to section 17 of the Interpretation Act 1978.

Where it appears to the Secretary of State— imposes or will impose a financial burden on the council, he may for the purpose of relieving that burden (whether wholly or partly) make grants to the council of amounts and for a period determined by him with the Treasury's consent.

The council shall carry any such grants to the credit of their Housing Revenue Account.

A new town corporation shall, as soon as practicable after directions have been given to them under section 44 above to make a transfer scheme, take such steps as they consider appropriate for drawing the attention of occupiers of buildings and other land in any area which is likely to be affected by the scheme to the possibility of the scheme and the way in which the scheme is likely to affect them.

As soon as practicable after a transfer scheme is approved or made by the Secretary of State the new town corporation whose land is transferred by the scheme or is the subject of management arrangements included in the scheme shall take such steps as they consider appropriate to secure that all occupiers of the land are informed of the way in which they are affected by the scheme or arrangements.

As soon as practicable after a transfer scheme is approved or made by the Secretary of State any district council to whom land is transferred by the scheme or by whom any land is to be managed in pursuance of management arrangements included in the scheme shall publish in at least one local newspaper circulating in the area of the new town a notice which—

The Secretary of State shall make regulations containing such provisions as appear to him to be appropriate for the protection of the interests of any person who, on or after the approval or, as the case may be, making of a transfer scheme is in any employment with the new town corporation or district council concerned (the old employment) and is affected by the scheme.

As regards a person who as a result of a transfer scheme is, after the scheme comes into force, in new employment, that is, employment (whether with another of the parties to the scheme or the same employer) which is different from his old employment, regulations under this section shall include provision—

Regulations under this section may include provision for the determination of questions arising under the regulations.

The Secretary of State shall make regulations under section 24 of the Superannuation Act 1972 (compensation for loss of office, etc., for persons in local government service, etc.) with respect to all persons to whom subsection (1) above applies and who suffer loss of employment, or loss or diminution of emoluments, as a result of a transfer scheme.

For the purposes of Schedule 13 to the Employment Protection (Consolidation) Act 1978 (as it applies for the purposes of computing an employee's period and continuity of employment for the purposes of that Act and any other enactment) in its application to a person who as a result of a transfer scheme is, after the scheme comes into force, in new employment with a different employer—

For the purposes of section 94 of the Employment Protection (Consolidation) Act 1978 (change of ownership of business), in its application to such a person, the transfer of any land by a transfer scheme or the inclusion in such a scheme of management arrangements for any land shall (if it would not otherwise be so treated) be treated as a change occurring in the ownership of a business.

The New Towns Staff Commission continues in being for the purpose of considering the general effect of transfer schemes on staff employed by new town corporations or district councils and advising the Secretary of State on the arrangements necessary to safeguard the interests of any such staff likely to be affected by such schemes.

If the Secretary of State accepts any advice given to him by the New Towns Staff Commission under this section which he thinks should be brought to the attention of all the relevant authorities (that is, every new town corporation and the council of every district within which any part of the area of a new town is situated) or of one or some of those authorities, he shall notify that Commission of his acceptance and shall direct them to take such steps as they consider appropriate to bring the advice and its acceptance to the attention of all the relevant authorities or, as the case may be, such of them as may be specified in the direction.

The Secretary of State may—

This Part of this Act applies in relation to the Development Board for Rural Wales (" the Board ") and any new town within the area for which the Board is responsible under the Development of Rural Wales Act 1976 as it applies to a new town corporation for any new town and that town, subject to the modifications specified in this section.

A dwelling is a " dwelling of a new town " if it is—

A transfer scheme shall, in addition to specifying under section 44(7)(b) above the number or proportion of dwellings in respect of which the right to nominate tenants is conferred by the scheme, specify the period for which the right is to be exercisable.

The Board's right under subsection (3) above shall only be exercisable during the period of 5 years beginning with the date on which the Board's interests in the transferred dwellings vest in the district council or such less period as may, with the Secretary of State's consent, be agreed between the Board and the council.

In relation to section 47 above—

For the purpose of enabling a development corporation— the Secretary of State may (subject to section 60 below) make to the corporation advances repayable over such periods , carrying interest at such rates and on such other terms as may be approved by the Treasury.

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

It shall be a condition of the making of advances to a development corporation under subsection (1) above that the proposals for development submitted to the Secretary of State under section 7 above shall be approved by the Secretary of State with the Treasury’s concurrence as being likely to secure for the corporation a return which is reasonable, having regard to all the circumstances, when compared with the cost of carrying out those proposals.

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

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

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

For the purpose of enabling a development corporation— the Secretary of State may, out of money provided by Parliament, make grants to the corporation of such amount as may be approved by the Treasury.

The facilities referred to in subsection (1) above are the following—

For the purpose of enabling a development corporation to meet expenditure properly chargeable to revenue account the Secretary of State may, out of money provided by Parliament, make grants to the corporation of such amount as may be approved by the Treasury.

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

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

A development corporation ... may borrow temporarily, by way of overdraft or otherwise, either— such sums as the development corporation may require for meeting its obligations or performing its functions.

With the consent of the Secretary of State and the Treasury’s approval, a development corporation ... may borrow, otherwise than by way of temporary loan— such sums as it may require for enabling it to meet expenditure properly chargeable to capital account (including the provision of working capital), or to make good to revenue account sums applied in meeting liabilities so chargeable.

The aggregate of the amounts outstanding in respect of the principal of the following sums (save as excepted by subsection (1A))— shall not at any time exceed the limit imposed by or under subsection (2) and (3) below.