New Towns and Urban Development Corporations Act 1985
Sections 36 and 37 of the New Towns Act 1981 (which define the Commission’s basic function of holding and turning to account new town property transferred to it and its other powers) shall be amended as provided in subsections (2) to (4) below.
For section 36(1) and (2) there shall be substituted the following subsections—
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in paragraph (b), the words from " with the approval " to " Treasury " shall be omitted and for the words from " water " onwards there shall be substituted the following—; and
paragraph (d) shall be omitted.
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In section 44 of the New Towns Act 1981 (contents of schemes for the transfer of dwellings and associated property, etc., to district councils)—
in subsection (7), paragraphs (b) and (d) and the word “and" at the end of paragraph (c) shall be omitted; and
after subsection (7) there shall be inserted the following subsections—
In section 47(1) of that Act (statutory vesting of property, etc. and date thereof), in paragraph (a), for the words “1st April" there shall be substituted the words “1st January, 1st April, 1st July or 1st October".
In section 57 of that Act (definitions), after the definition of “dwelling of a new town", there shall be inserted the following— “ “Housing Act dwelling", with reference to a district council, means a dwelling provided (or treated by section 47(6) above as provided) by the council under Part V of the Housing Act 1957;".
After section 51 of the New Towns Act 1981 there shall be inserted the following section—
Except to the extent of the saving in subsection (2) below—
the obligation imposed on the Secretary of State by section 54(4) of the New Towns Act 1981 (duty to make staff compensation regulations) shall be treated as having ceased to have effect on 7th November 1984, and
the staff compensation regulations (which were made under section 24 of the Superannuation Act 1972 in pursuance of the obligation referred to in paragraph (a) above) shall be deemed to have been revoked for all purposes on that date.
Nothing in subsection (1) above shall affect the staff compensation regulations or the Secretary of State’s obligation to keep them in being as regards persons who are affected by transfer schemes approved before the date specified in subsection (1) above; and the Secretary of State may after that date amend the regulations under the said section 24 in their application to such persons
In this section—
" the staff compensation regulations" means the New Towns Transfer Schemes (Compensation) Regulations 1977;
“the staff compensation regulations” means the New Towns Transfer Schemes (Compensation) Regulations 1977;
" transfer scheme " means a scheme made under section 42 of the New Towns Act 1981 or under section 1 of the New Towns (Amendment) Act 1976.
“transfer scheme” means a scheme made under section 42 of the New Towns Act 1981 or under section 1 of the New Towns (Amendment) Act 1976.
After section 58 of the New Towns Act 1981 there shall be inserted the following section—
Section 60 of the New Towns Act 1981 (limit on borrowing, now standing at £5,000 million) shall be amended as follows.
For the words before and after paragraphs (a) to (d) there shall be substituted respectively the following words, that is to say—; shall not at any time exceed the limit imposed by or under subsections (2) to (4) below.
After subsection (1) there shall be inserted the following subsections—
After section 62 of the New Towns Act 1981 there shall be inserted the following—
In section 77 of that Act (regulations and orders)—
in subsection (3) (power to make orders under certain sections exercisable by statutory instrument etc.) for the words “and 60" in the first place where those words occur there shall be substituted the words “60, 62A and 62B"; and
in subsection (4)(b) (statutory instruments under certain sections subject to negative procedure) for “or section 42" there shall be substituted “42 or 62B(1)".
Section 67 of the New Towns Act 1981 (accounts of development corporations and Commission) shall be amended as follows—
in subsection (1) (form of accounts), for paragraph (b) there shall be substituted the following— and
in subsection (2) (the financial year), for the words after “1st April" there shall be substituted the words “but, if the Secretary of State, with the approval of the Treasury, so directs in a case where a development corporation or the Commission is to be dissolved, the final financial year of the corporation or the Commission shall be such period as is specified in the direction, and references in this Act to a financial year in relation to a development corporation or the Commission shall be construed accordingly.".
After section 1 of the New Towns (Scotland) Act 1968 there shall be inserted the following section—
The Schedule set out in Schedule 1 to this Act shall be inserted after Schedule 1 to that Act.
Any administrative expenses of any Minister of the Crown under or in consequences of this Act shall be paid out of money provided by Parliament.
The amendments contained in Schedule 3 to this Act shall have effect, being minor amendments or amendments consequential on the foregoing provisions of this Act.
The enactments mentioned in Schedule 4 to this Act are repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the New Towns and Urban Development Corporations Act 1985.
This Act, except section 5 and paragraph 7 of Schedule 3, shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
Except that— this Act extends to England and Wales only.
the following provisions extend to Scotland, that is to say: sections 7 and 12 and this section, in Schedule 3, paragraphs 9, 12 so far as it relates to section 60 of the New Towns Act 1981 and 14 and, in Schedule 4, the repeals in sections 63, 66 and 82 of that Act, and
section 10, Schedule 1 and paragraph 1 of Schedule 3 extend to Scotland only,
Schedule to be Inserted after Schedule 1 to the New Towns (Scotland) Act 1968
Section 11.
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In section 56 of the New Towns Act 1981 (application to the Development Board for Rural Wales of the housing transfer provisions)—
subsection (3) shall be omitted; and
in subsection (4), for the words “The Board’s right under subsection (3) above" there shall be substituted the words “Where, under section 44(7A)(a) above, a transfer scheme confers on the Board a right to nominate tenants, that right".
Section 14(1).
After section 18 of the New Towns (Scotland) Act 1968 (disposal of land by development corporation) there shall be inserted the following sections—
In section 17 of the New Towns Act 1981 (disposal of land by development corporations)—
in subsection (2) (disposals requiring Secretary of State’s consent) there shall be added at the end the wordsor ; and
for subsection (4) there shall be substituted the following subsection—
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In section 36(4) of that Act (transactions not to be invalidated by non-compliance with subsection (2), etc.), for the words “subsection (2) above" there shall be substituted the words “the obligation to have regard to the considerations specified in subsection (2) above".
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in subsection (2) (which requires the Secretary of State, in giving directions, to have regard to the provisions of section 36(2)), for the words " provisions of " there shall be substituted the words " Commission's obligation to have regard to the considerations specified in " ;
for subsection (4) there shall be substituted the following subsection—; and
in subsection (6)(a) (provision in favour of person claiming under Commission where authority for disposal is not obtained) for the words " subsection (3)(a) " there shall be substituted the words " subsection (3)(e) above ".
In section 39 of that Act (power to transfer undertakings)—
in subsection (5) (Parliamentary control of order reducing liabilities) for the words from “by an order" to “shall apply" there shall be substituted the words “with the Treasury’s consent, by order", and
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Section 50 of that Act (district council to fund so much of the corporation’s or Commission’s debt as is attributable to transferred or managed property) shall have effect and be deemed since its original enactment on 15th November 1976 to have had effect with the substitution, for subsection (2), of the following—; and with the insertion in subsection (7), after the words “In this section", of the words—; and paragraphs (a) and (b) of the definition of "the relevant portion of the corporation’s total capital loan debt’ shall accordingly be sub-paragraphs (i) and (ii) of that definition. In the said section 50, after subsection (2A), there shall be inserted the following subsection—
In section 58 of that Act (capital expenditure and revenue account advances)— and in section 61(1) the following words (to the same effect), that is to say, the words from “at a rate of interest" to the end shall be omitted.
in subsections (1) and (5), for the words “and on such terms" there shall be substituted the words “, carrying interest at such rates and on such other terms"; and
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Sections 63, 64 and 66 (payments to Secretary of State) shall cease to extend to Scotland (being re-enacted for Scotland in paragraph 1 above).
In section 64 of that Act (disposals by development corporations or the Commission to meet a debt imposed under section 63)—
in subsection (1) the words “or Commission” shall be omitted;
in subsection (2), for the words after “notwithstanding" there shall be substituted the words “section 17(1) above and any implied restriction in Part I of this Act on the circumstances in which property of a development corporation may be disposed of, but otherwise must be exercised in accordance with the said Part I except that before giving the corporation directions under section 5(2), the Secretary of State shall consult the corporation (unless he is satisfied that, on account of urgency, such consultation is impracticable)"; and
subsections (3) to (8) shall be omitted.
In section 74(3) of that Act (local inquiries) for paragraphs (a) to (c) there shall be substituted the words “sections 37, 40 and 41 and Schedule 10".
In section 77 of that Act (regulations and orders) in subsection (3) (power to make orders under certain sections exercisable by statutory instrument, etc.)— After that subsection there shall be inserted the following subsection— In subsection (4) of that section (negative procedure)—
In section 80(1) of that Act (definitions), at the appropriate places, there shall be inserted the following definitions— “financial year”, in relation to a development corporation or the Commission, shall be construed in accordance with section 67(2) above;
In section 82(2) of that Act (application to Scotland) in paragraph (a) for “(5)" there shall be substituted “(3A)".
In Schedule 2 to that Act, in paragraph 1 (disposal of land when area becomes excluded from the new town)—
in sub-paragraph (2) (which prohibits certain forms of disposal), the word “gift” shall be omitted; and
in sub-paragraph (3) (disposals requiring Secretary of State’s consent), there shall be added at the end the wordsor
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Section 14(2). Chapter Short title Extent of repeal 1981 c. 64. The New Towns Act 1981. In section 1(5), the words after “charge". In section 5(2), the words from “This subsection" to the end. In section 36, in subsection (3)(b) the words from “with the approval" to “Treasury" and paragraph (d) and subsection (5). Section 37(7). In section 44(7), paragraphs (b) and (d) and the word “and" at the end of paragraph (c). Section 48. Section 54(4). Section 56(3). Section 58(2) and (4). In section 61(1) the words from “at a rate" to the end. In section 63, in subsection (3), the words from “(or, inScotland" to “1963)" and subsection (4). In section 64, in subsection (1) the words “or Commission" and subsections (3) to (8). In section 66(1), the words from “In the application" to “1968". In section 77, in subsection (3) the words from “and the power" to the end and subsection (5). In section 82(2), paragraph (b). In Schedule 2, in paragraph 1, in sub-paragraph (2) the word “gift" and sub-paragraph (7). 1982 c. 7. The New Towns Act 1982. The whole Act.