New Towns (Scotland) Act 1968

• “acquiring authority”, in relation to the acquisition under or for the purposes of this Act of any land (whether compulsorily or by agreement) or to a proposal so to acquire any land, means the development corporation, local roads authority or Minister of the Crown by whom the land is, or is proposed to be, acquired;

• “the Act of 1845” means the Lands Clauses Consolidation (Scotland) Act 1845;

• “alcohol” has the meaning given by section 2 of the Licensing (Scotland) Act 2005 (asp 16);

• “ the appropriate Minister ” means— in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour or pier undertaking, the Secretary of State for Transport;in relation to statutory undertakers carrying on an undertaking for the supply of gas or hydraulic power, the Secretary of State for Energy;in relation to the British Airports Authority or the Civil Aviation Authority or statutory undertakers carrying on any lighthouse undertaking, the Secretary of State for Trade;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in relation to statutory undertakers carrying on an undertaking for the supply of . . . water, the Secretary of State for Scotland; andin relation to any other statutory undertakers, the Secretary of State for the Environment.

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the arbiter” or “the official arbiter” means the official arbiter appointed under section 2 of the Land Compensation (Scotland) Act 1963;

• “common” includes any town or village green;

• “compulsory purchase order” means an order under section 7(1), 8(1) or 8(2) of this Act;

• “development” includes re-development and “develop” shall be construed accordingly;

• “development corporation” has the meaning assigned by section 2 of this Act;

• “enactment” includes an enactment in any local or private Act of Parliament, and an order, byelaw or scheme made under an Act of Parliament;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 22 of the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935;

• “land” includes land covered with water and any interest in land and any servitude or right in or over land;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “ local roads authority ” has the same meaning as in the Roads (Scotland) Act 1984;

• “. . . planning authority” means the . . . planning authority for the purposes of the Town and Country Planning (Scotland) Act 1972;

• “National Trust” means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935;

• “open space” means any land laid out as a public garden, or used for purposes of public recreation, or any disused burial ground;

• “operational land”, in relation to statutory undertakers, means land which is used for the purpose of the carying on of their undertaking and land in which an interest is held for that purpose, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings:

• “owner”, in relation to any buildings or land, includes any person who under the Lands Clauses Acts would be enabled to sell and convey the building or land to the promoters of an undertaking, and includes also a lessee under a lease or agreement the unexpired period of which exceeds three years;

• “planning permission” means planning permission under Part III of the Town and Country Planning (Scotland) Act 1972;

• “prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

• “ regional planning authority ” and “ district planning authority ” have the meanings assigned to them by Part IX of the Local Government (Scotland) Act 1973;

• “ roads authority ” has the same meaning as in the Roads (Scotland) Act 1984;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “statutory undertakers” means persons authorised by any enactment to construct, work or carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . , . . . , hydraulic power or water, and “statutory undertaking” shall be construed accordingly;

• “ transfer order ” means an order under section 36D(1) of this Act;

• “trolley vehicle” means a mechanically propelled vehicle adapted for use on roads without rails and moved by power transmitted to it from some external source;

• “Valuation Office” means the Valuation Office of the Inland Revenue Department;

• “valuation roll” means the valuation roll for the year current at the time when the notice is served, or, if the notice is served after 15th May and before 1st October in any year, the valuation roll for the preceding year.

• “ winding up order ” means an order under section 36(1) of this Act;

• (2) Any reference in this Act to the area of a new town is a reference to the area designated as the site of that new town by an order under section 1 of this Act.

• (3) Any reference in this Act to the Secretary of State and the appropriate Minister shall, in a case where the Secretary of State for Scotland is the appropriate Minister, be construed as a reference to that Secretary of State and, in any other case, be construed as a reference to the Secretary of State for Scotland and the appropriate Minister.

• (4) If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury; and if, in relation to the authorisation under this act of a compulsory acquistion of land, any question arises whether land of statutory undertakers is operational land, that question shall be determined by the Secretary of State and the appropriate Minister.

• (5) As from the coming into operation of Part II of the Land Compensation (Scotland) Act 1963,—

• (a) for any reference in this Act to the arbiter or the official arbiter there shall be substituted a reference to the Lands Tribunal for Scotland or, as the case may require, a member of that Tribunal; and

• (b) for any reference in this Act to any provision contained in section 2, 3 or 5 of the said Act of 1963 there shall be substituted a reference to the corresponding provision contained respectively in section 8, 9 or 11 of that Act.

• (6) A development corporation established for the purposes of an order under section 1 of this Act shall have power to act as the agents of a local authority . . . to carry out any function relating to the provision of water, sewerage or other services for the area designated by that order; and a local authority shall have power to act as the agents of a development corporation to carry out any of the functions of the corporation.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

• (9) References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.

Saving and transitional provisions, consequential amendments and repeals

48

• (1) The saving and transitional provisions contained in Schedule 9 to this Act shall have effect.

• (2) The enactments specified in Schedule 10 to this Act shall have effect subject to the amendments therein specified, being amendments consequential on the repeals specified in Schedule 11 to this Act.

• (3) The enactments specified in Schedule 11 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent

49

• (1) This Act may be cited as the New Towns (Scotland) Act 1968.

• (2) This Act shall come into operation on 1st April 1968.

• (3) This Act shall extend to Scotland only.

SCHEDULE 1

Making of orders under section 1

1

• (1) Where the Secretary of State proposes to make an order under section 1 of this Act, he shall prepare a draft of the order, describing the area to be designated as the site of the proposed new town by reference to a map, either with or without descriptive matter, together with such statement as he considers necessary for indicating the size and general character of the proposed new town.

• (2) In the case of any discrepancy between the map and any such descriptive matter, the descriptive matter shall prevail except in so far as may be otherwise provided by the draft order.

2

Before making the order the Secretary of State shall publish in the Edinburgh Gazette, in one or more newspapers circulating in the locality in which the proposed new town will be situated, and in such other newspapers, if any, as he considers appropriate in the circumstances, a notice—

• (a) describing the area to be designated as the site of the proposed new town;

• (b) stating that the draft of an order under section 1 of this Act has been prepared by the Secretary of State in relation to that area and is about to be considered by him;

• (c) naming a place within that area where a copy of the draft order (including any map or descriptive matter annexed thereto) and of the statement required by paragraph 1 above may be seen at any reasonable hour; and

• (d) specifying the time (not being less than 28 days from the publication of the notice in the Gazette) within which, and the manner in which, objections to the proposed order may be made;

and shall, not later than the date on which the notice is published in the Gazette, serve a like notice on the local authority in whose area the land, or any part of the land, to which the order relates is situated, and on any other local authority who appear to him to be concerned with the order.

3

If any objection is duly made to the proposed order and is not withdrawn, the Secretary of State shall, before making the order, cause a public local inquiry to be held with respect to the objection, and shall consider the report of the person by whom the inquiry was held.

4

Subject to the provisions of paragraph 3 above, the Secretary of State may make the order either in terms of the draft or subject to such modifications as he thinks fit:

Provided that, except with the consent of all persons interested, the Secretary of State shall not make the order subject to a modification including in the area designated as the site of the proposed new town any land not so designated in the draft order.

5

As soon as may be after an order has been made as aforesaid, the Secretary of State shall publish in the Edinburgh Gazette, in one or more newspapers circulating in the locality in which the proposed new town will be situated, and in such other newspapers, if any, as he considers appropriate in the circumstances, a notice stating that the order has been made and naming a place within the area designated by the order as the site of the proposed new town where a copy of the order may be seen at any reasonable hour, and shall serve a like notice—

• (a) on any local authority on whom notice of the proposed order was served under paragraph 2 above; and

• (b) on any other person who has duly made an objection to the proposed order and, at the time of making it or thereafter, has sent to the Secretary of State a request in writing to serve him with the notice required by this paragraph, giving an address for service.

Validity and date of operation of orders under section 1

6

If any person aggrieved by an order under section 1 of this Act desires to question the validity thereof, or of any provision contained therein, on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with in relation to the order, he may, within six weeks from the date on which notice of the making of the order is first published in accordance with the provisions of this Schedule in that behalf, make an application to the Court of Session: and on any such application the Court—

• (a) may by interim order suspend the operation of the order or any provision contained therein, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

• (b) if satisfied that the order or any provision contained therein is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order or any provision contained therein, either generally or in so far as it affects any property of the applicant.

7

Subject to the provisions of paragraph 6 above, an order under section 1 of this Act shall not, either before or after it has been made, be questioned in any legal proceedings whatsoever, and shall become operative on the date on which notice is first published as mentioned in that paragraph.

SCHEDULE 2

Appointment of members and tenure of office

1

• (1) The members of a development corporation (in this Schedule referred to as “the corporation”) shall be appointed by the Secretary of State after consultation with such local authorities as appear to him to be concerned with the development of the new town, and in appointing members of the corporation the Secretary of State shall have regard to the desirability of securing the services of one or more persons resident in or having special knowledge of the locality in which the new town will be situated.

• (2) The Secretary of State shall appoint two of the members to be respectively chairman and deputy chairman of the corporation.

2

Subject 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.

3

If the chairman or deputy chairman of the corporation ceases to be a member of the corporation, he shall also cease to be chairman or deputy chairman, as the case may be.

4

Any 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.

5

If the Secretary of State is satisfied that a member of the corporation—

• (a) has become bankrupt or made an arrangement with his creditors; or

• (b) is incapacitated by physical or mental illness; or

• (c) has been absent from meetings of the corporation for a period longer than three 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 as a member of the corporation.

6

A member of the corporation who ceases to be a member or ceases to be chairman or deputy chairman shall be eligible for reappointment.

Remuneration

7

The corporation shall pay to their members, in respect of their office as such, such remuneration and such reasonable allowances in respect of expenses properly incurred in the performance of their duties as may be determined by the Secretary of State with the consent of the Treasury, and shall pay to the chairman and deputy chairman, in respect of their office as such, such additional remuneration as may be so determined.

Meetings and proceedings

8

The quorum of the corporation and the arrangements relating to their meetings shall, subject to any directions given by the Secretary of State, be such as the corporation may determine.

9

The validity of any proceeding of the corporation shall not be affected by any vacancy among their members or by any defect in the appointment of any of their members.

Instruments, etc.

10

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

11

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

SCHEDULE 3

Part I

Acquisitions by development corporations and local highway authorities

1

• (1) A compulsory purchase order made under this Act by a development corporation or local roads authority—

• (a) shall designate the land to which it relates by reference to a map or maps annexed thereto, either with or without descriptive matter, and

• (b) subject to that, shall be in such form as may be prescribed.

• (2) In the case of any discrepancy between the map or maps and any such descriptive matter, the descriptive matter shall prevail except in so far as may be otherwise provided by the order.

2

• (1) After submitting the order to the Secretary of State, the acquiring authority—

• (a) shall publish a notice in the prescribed form describing the land, stating that an order authorising the compulsory acquisition thereof has been submitted to the Secretary of State, naming a place where a copy of the order and of the map or maps and any descriptive matter annexed thereto may be seen at any reasonable hour, and specifying the time (not being less than 28 days from the first local advertisement) within which, and the manner in which, objections to the order may be made; and

• (b) shall serve on every person appearing from the valuation roll to have an interest in any of the land to which the order relates and on such other persons as the Secretary of State may specify, whether individually or as members of a class of persons, a notice to the like effect as the notice required to be published under head (a) above;

Provided that head (b) above shall not apply if the order relates only to land within the area of a new town.

• (2) The notice required to be published by sub-paragraph (1)(a) above shall be published in the Edinburgh Gazette and, in each of two successive weeks, in one or more newspapers circulating in the locality in which the land to which the order relates is situated, and by affixing a copy of the notice, addressed to “the owners and any occupiers” of the land (describing it), to some conspicuous object or objects on the land.

• (3) Publication and, if applicable, service in accordance with the foregoing provisions of this paragraph shall be effected—

• (a) in the case of an order relating only to land within the area of a new town, as soon as may be after the order has been submitted;

• (b) in any other case, as soon as may be after the order has been submitted and service as aforesaid has been effected.

• (4) In this paragraph “the first local advertisement”, in relation to a notice, means the first publication of the notice in a newspaper circulating in the locality where the land to which the notice relates is situated, and includes, in relation to a notice so published once only, the publication thereof.

3

Subject to the provisions of paragraph 4 below in any case in which those provisions have effect, the Secretary of State may confirm the order with or without modification, but shall not, unless all persons interested consent, so modify it as to extend it to any land which was not designated by the order as submitted.

4

• (1) If any objection is duly made to the order and is not withdrawn, the following provisions of this paragraph shall have effect.

For the purposes of this Schedule an objection 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 paragraph 2 above, and

• (b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

• (2) Unless the Secretary of State decides apart from the objection not to confirm 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, 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 any such further statement, is satisfied—

• (a) that the objection relates to a matter which can be dealt with by the official arbiter in assessing compensation, or

• (b) in the case of an order relating to land within the area of a new town, that the objection is made on the ground that the acquisition is unnecessary or inexpedient,

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 any such further statement, the Secretary of State is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the Secretary of State may make a final decision without further investigation as to those matters.

• (5) Subject to sub-paragraphs (3) and (4) above, the Secretary of State, before making a final decision, shall afford to the objector an opportunity of appearing before and being heard by a person appointed for the purpose by the Secretary of State; and if the objector avails himself of that opportunity, the Secretary of State shall afford an opportunity of appearing and being heard on the same occasion to the acquiring authority and to any other persons to whom it appears to the Secretary of State to be expedient to afford it.

• (6) Notwithstanding anything in the foregoing 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 when he so determines shall be dispensed with.

• (7) In this paragraph any reference to making a final decision, in relation to an order, is a reference to deciding whether to confirm the order or what modification, if any, ought to be made.

5

As soon as may be after the order has been confirmed the acquiring authority shall publish in one or more newspapers circulating in the locality in which the land thereby designated is situated a notice in the prescribed form describing the land, stating that the order has been confirmed and naming a place where a copy of the order and of the map or maps and any descriptive matter annexed thereto may be seen at any reasonable hour, and shall serve a like notice on—

• (a) any owner or occupier of any of the land thereby designated who, at any time after the publication of the notice of the order as submitted, has sent to the acquiring authority a request in writing to serve him with the notice required by this paragraph giving an address for service and the prescribed particulars of his interest;

• (b) any person who has duly made an objection to the order and at the time of making it or thereafter has sent to the acquiring authority such a request as aforesaid; and

• (c) such other persons, if any, as the Secretary of State may specify, whether individually or as members of a class of persons.

6

The Secretary of State may by regulations make provisions for enabling proceedings required to be taken for the purposes of paragraphs 1, 2 and 4 above in relation to an order authorising a compulsory acquisition of land in an area proposed to be designated as the site of a new town by an order a draft of which has been published in accordance with Schedule 1 to this Act, to be taken, so far as may be practicable, contemporaneously with the proceedings on the last-mentioned order.

Part II

Special provisions applying to acquisitions by local highway authorities

7

• (1) Subject to this paragraph, where a compulsory purchase order under section 8(1) of this Act is submitted to the Secretary of State, the notice required to be published under paragraph 2 above shall be published not only as mentioned in that paragraph but also by being exhibited at such places in the locality to which the order relates as appear to the acquiring authority to be suitable for bringing it to the attention of all persons concerned.

• (2) Sub-paragraph (1) above shall not apply in any case where the Secretary of State is satisfied that the land to which the compulsory purchase order relates is required for the purpose of a project—

• (a) which was adequately set out in a statement prepared for the purposes of an order under section 1 of this Act which has been made, or

• (b) which has been the subject of an inquiry for the purposes of section 5 or 15 of the Roads (Scotland) Act 1984, or of either of the following enactments no longer in force—

• (i) section 1 of the Trunk Roads Act 1946 (additional trunk roads and reorganisation of trunk road system);

• (ii) section 14(1) of the Special Roads Act 1949 (amendments of law relating to trunk roads).

8

Where there is submitted to the Secretary of State a compulsory purchase order under section 8(1) of this Act authorising the acquisition of any land forming a frontage to, or abutting on or adjacent to, a road, and the Secretary of State is satisfied as respects the whole or any part of the land—

• (a) that the acquisition would be requisite only for the purpose of controlling development, and

• (b) that every owner has entered, or is willing to enter, into such an agreement with the local roads authority or the Secretary of State as is provided for by section 6(4) of this Act, or is bound by such an agreement, and that the agreement or proposed agreement is satisfactory for the said purpose.

the order shall not be confirmed so as to authorise the acquisition of any part of the land as to which the Secretary of State is satisfied as aforesaid.

Part III

Acquisitions by Secretary of State

9

• (1) A compulsory purchase order made under section 8(2) of this Act by the Secretary of State—

• (a) shall designate the land to which it relates by reference to a map or maps annexed thereto, either with or without descriptive matter, and

• (b) subject to that, shall be in such form as the Secretary of State may determine.

• (2) In the case of any discrepancy between the map or maps and any such descriptive matter, the descriptive matter shall prevail except in so far as may be otherwise provided by the order.

10

Where the Secretary of State proposes to make such an order, he shall prepare a draft thereof, and as soon as may be thereafter shall—

• (a) publish in the manner mentioned in paragraph 2 above, and

• (b) serve on every person appearing from the valuation roll to have an interest in any of the land to which the draft relates and on any other persons on whom he may think it proper to effect such service,

a notice, in such form as he may determine, similar, with requisite adaptations, to the notice mentioned in paragraph 2(1) above.

11

Paragraphs 3, 4, 5, 7 and 8 above shall have effect in relation to such an order—

• (a) with the substitution, for references to the acquiring authority, of references to the Secretary of State;

• (b) with the substitution, for references to an order as submitted and to the confirmation of an order, of references respectively to an order as prepared in draft and to the making of an order;

• (c) with the omission, in paragraph 4(5), of the reference to the acquiring authority;

• (d) with the substitution, for the references to a compulsory purchase order under section 8(1) of this Act and to the notice required by paragraph 2 above, of references respectively to a compulsory purchase order under section 8(2) of this Act and to the notice required by paragraph 10 above; and

• (e) with the substitution, in paragraph 8, of the words “the Secretary of State proposes to make” for the words “there is submitted to the Secretary of State”.

Part IV

Special provisions as to certain descriptions of land

12

In so far as a compulsory purchase order authorises the acquisition of land which is the property of a local authority, or of land belonging to the National Trust which is held by the Trust inalienably, the order shall be subject to special parliamentary procedure in any case where an objection to the order has been duly made by the local authority or the National Trust, as the case may be, and has not been withdrawn.

13

• (1) In so far as a compulsory purchase order authorises the acquisition of any land forming part of any common or open space, the order shall be subject to special parliamentary procedure unless the Secretary of State is satisfied—

• (a) that there has been or will be given in exchange for such land other land, not being less in area (unless the persons in whom the land was vested otherwise agree), and being equally advantageous to the persons (if any) entitled to rights of common or other rights, and to the public, and that the land given in exchange has been or will be vested in the persons in whom the land acquired was vested, and subject to the like rights, trusts and incidents as attached to the land acquired; or

• (b) that the land is required for the widening of an existing road and that the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public,

and certifies accordingly.

• (2) Where it is proposed to give a certificate under this paragraph, the Secretary of State shall give public notice of his intention so to do, and—

• (a) after affording opportunity to all persons interested to make representations and objections in relation thereto, and

• (b) after causing a public local inquiry to be held in any case where it appears to him to be expedient so to do, having regard to any representations or objections made,

the Secretary of State may, after considering any representations and objections made and, if an inquiry has been held, the report of the person who made the inquiry, give the certificate.

• (3) As soon as may be after the giving of a certificate under this paragraph the acquiring authority shall publish in the Edinburgh Gazette and, in each of two successive weeks, in one or more newspapers circulating in the locality in which the land designated by the order is situated, a notice in the prescribed form stating that the certificate has been given.

Part V

Validity and date of operation of compulsory purchase orders and certificates

14

If any person aggrieved by a compulsory purchase order, or by a certificate under paragraph 13 above, desires to question the validity thereof, or of any provision contained therein, on the ground that it is not within the powers of this Act or that any requirement of this Act or of any regulation made thereunder has not been complied with in relation to the order or certificate, he may, within six weeks from the date on which notice of the confirmation or making of the order or of the giving of the certificate is first published in accordance with the provisions of this Schedule in that behalf, make an application to the Court of Session; and on any such application the Court—

• (a) may by interim order suspend the operation of the order or any provision contained therein, or of the certificate, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

• (b) if satisfied that the order or any provision contained therein, or the certificate, is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act or of any regulation made thereunder not having been complied with, may quash the order or any provision contained therein, or the certificate, either generally or in so far as it affects any property of the applicant.

15

Subject to the provisions of paragraph 14 above, a compulsory purchase order or a certificate under paragraph 13 above shall not, either before or after it has been made or confirmed or given, be questioned in any legal proceedings whatsoever, and shall become operative on the date on which notice is first published as mentioned in the said paragraph 14.

16

This Part of this Schedule shall not apply to an order which is confirmed by Act of Parliament under section 2(4) or 6 of the Statutory Orders (Special Procedure) Act 1945 but, except as aforesaid, shall have effect in relation to a compulsory purchase order to which that Act applies as if in paragraph 14 for the reference to the date on which notice of the confirmation or making of the order is first published in accordance with the provisions of this Schedule in that behalf there were substituted a reference to the date on which the order becomes operative under the said Act of 1945, and as if in paragraph 15 the words from “and shall become operative” to the end were omitted.

SCHEDULE 4

Part I

Acquisitions by development corporations and local highway authorities

1

An application by a development corporation or local roads authority for the purposes of section 10(1)(a) of this Act shall be in such form as may be prescribed, and shall describe by reference to a map the land to which the application relates.

2

As soon as may be after submitting the application to the Secretary of State and the appropriate Minister the acquiring authority shall serve on every owner, lessee and occupier of any land to which the application relates a notice in the prescribed form describing the land, stating that an application under the said section 10(1)(a) has been submitted in relation to the land and is about to be considered by the Secretary of State and the appropriate Minister, naming a place where a copy of the application and of the map referred to therein may be seen at any reasonable hour, and specifying the time (not being less than 28 days from the service of the notice) within which, and the manner in which, objections to the application may be made.

3

• (1) If no objection is duly made by any of the persons on whom notices are required to be served, or if all objections so made are withdrawn, the Secretary of State and the appropriate Minister may, if they think fit, make a compulsory purchase order in accordance with the application, with or without modification, but shall not, unless all persons interested consent, make the order with any modification which would extend it to any land to which the application did not relate.

• (2) If any objection is duly made by any of the persons on whom notices are required to be served and is not withdrawn, the Secretary of State and the appropriate Minister shall, before making an order on the application, consider the objection and shall, if either the objector or the acquiring authority so desire, cause an inquiry to be held, and may then, if they think fit, make an order as aforesaid.

• (3) An objection shall not be deemed for the purposes of section 10 of this Act or this Schedule to be duly made unless—

• (a) it is made within the time and in the manner specified in the notice in that behalf, and

• (b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

4

A compulsory purchase order made on such an application shall be in such form as the Secretary of State and the appropriate Minister may determine, and shall describe by reference to a map the land to which the order relates.

5

As soon as may be after a compulsory purchase order has been made on such an application the acquiring authority shall serve on every owner, lessee and occupier of any land to which the order relates a notice in the prescribed form stating that the order has been made and naming a place where a copy of the order and of the map referred to therein may be seen at any reasonable hour.

Part II

Acquisitions by Secretary of State and appropriate Minister

6

A compulsory purchase order made by the Secretary of State and the appropriate Minister in pursuance of section 10(1)(b) of this Act shall be in such form as they may determine, and shall describe by reference to a map and land to which the order relates.

7

Where the Secretary of State and the appropriate Minister propose to make such an order they shall prepare a draft thereof, and shall as soon as may be thereafter serve on every owner, lessee and occupier of any land to which the draft relates a notice in such form as they may determine describing the land, stating that the making of the order is proposed, naming a place where a copy of the draft and of the map referred to therein may be seen at any reasonable hour, and specifying the time (not being less than 28 days from the service of the notice) within which, and the manner in which, objections to the proposal may be made.

8

Paragraphs 3 and 5 of this Schedule shall have effect in relation to such an order—

• (a) with the substitution, for references to an application and to the making of a compulsory purchase order thereon, of references to such an order as prepared in draft and to the making of such an order, and

• (b) with the omission of the references in paragraph 3(2) to the acquiring authority.

Part III

Modification of Schedule 3, Part V in relation to compulsory purchase orders made in pursuance of s.10

9

Part V of Schedule 3 to this Act shall have effect in relation to a compulsory purchase order made in pursuance of section 10(1) of this Act with the substitution, for the references to the date on which notice of the confirmation or making of the order is first published in accordance with the provisions of that Schedule in that behalf, of references to the date on which the service of notices required by paragraph 5 above is completed.

SCHEDULE 5

Part I

Measure of compensation

1

• (1) Where statutory undertakers are entitled to compensation as mentioned in section 13 or section 26(7) of this Act, the amount of the compensation shall (subject to paragraph 2 below) be an amount calculated in accordance with the following provisions of this paragraph.

• (2) The said amount, subject to sub-paragraph (3) below, shall be the aggregate of the following amounts, that is to say—

• (a) the amount of any expenditure reasonably incurred in acquiring land, providing apparatus, erecting buildings or doing work for the purpose of any adjustment of the carrying on of the undertaking rendered necessary by the proceeding giving rise to compensation:

• (b) whichever of the following is applicable, namely—

• (i) where such an adjustment is made, the estimated amount of any decrease in net receipts from the carrying on of the undertaking pending the adjustment, in so far as the decrease is directly attributable to the proceeding giving rise to compensation, together with such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking in the period after the adjustment has been completed, in so far as the decrease is directly attributable to the adjustment, or

• (ii) where no such adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking which is directly attributable to the proceeding giving rise to compensation;

• (c) where the compensation is under section 26(7) of this Act, and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers in complying with the requirement, reduced by the value after removal of the apparatus removed.

• (3) Where any such adjustment as is mentioned in sub-paragraph (2)(a) above is made, the aggregate amount mentioned in that sub-paragraph shall be reduced by such amount (if any) as appears to the tribunal to be appropriate to offset—

• (a) the estimated value of any property (whether moveable or heritable) belonging to the statutory undertakers and used for the carrying on of their undertaking which, in consequence of the adjustment, ceases to be so used, in so far as the value of the property has not been taken into account under sub-paragraph (2)(c) above, and

• (b) the estimated amount of any increase in net receipts from the carrying on of the undertaking in the period after the adjustment has been completed, in so far as that amount has not been taken into account under sub-paragraph (2)(b) above and is directly attributable to the adjustment.

and by any further amount which appears to the tribunal to be appropriate having regard to any increase in the capital value of heritable property belonging to the statutory undertakers which is directly attributable to the adjustment, allowance being made for any reduction made under head (b) of this sub-paragraph.

• (4) References in this paragraph to a decrease in net receipts shall be construed as references to the amount by which a balance of receipts over expenditure is decreased, or a balance of expenditure over receipts is increased, or, where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, as references to the aggregate of the two balances; and references to an increase in net receipts shall be construed accordingly.

• (5) In this paragraph “proceeding giving rise to compensation” means the particular action (that is to say, the acquisition, the extinguishment of a right or the imposition of a requirement) in respect of which compensation falls to be assessed, as distinct from any development or project in connection with which that action may have been taken.

Exclusion of paragraph 1 at option of statutory undertakers

2

• (1) Where statutory undertakers are entitled to compensation in respect of a compulsory acquisition, the statutory undertakers may by notice in writing under this paragraph elect that the compensation shall be ascertained in accordance with the enactments (other than rule (5) of the rules set out in section 12 of the Land Compensation (Scotland) Act 1963) which would be applicable apart from paragraph 1 above, and if the undertakers so elect the compensation shall be ascertained accordingly.

• (2) An election under this paragraph may be made either in respect of the whole of the land comprised in the compulsory acquisition in question or in respect of any part of that land.

• (3) Any notice under this section shall be given to the acquiring authority before the end of the period of two months from the date of service of notice to treat in respect of the interest of the statutory undertakers.

Procedure for assessing compensation where paragraph 1 applies

3

Where the amount of any such compensation as is mentioned in paragraph 1(1) above falls to be ascertained in accordance with the provisions of the said paragraph 1, the compensation shall, in default of agreement, be assessed by the arbitration of the tribunal.

4

In this Part of this Schedule, “the tribunal” means the tribunal constituted in accordance with the provisions of Part II of this Schedule.

Part II

Tribunal for assessment of compensation

5

• (1) The tribunal for the assessment of compensation referred to in Part I of this Schedule shall consist of four persons, namely—

• (a) an advocate or solicitor of not less than seven years’ standing appointed by the Lord President of the Court of Session to act as chairman;

• (b) two persons appointed by the Secretary of State as persons having special knowledge and experience of the valuation of land and of civil engineering respectively; and

• (c) for each claim coming before the tribunal, a person selected by the appropriate Minister, as a person having special knowledge and experience of statutory undertakings of the kind carried on by the claimant, from the members of a panel appointed by appropriate Ministers of persons appearing to them to have such knowledge and experience of statutory undertakings.

• (2) The Treasury may pay out of moneys provided by Parliament to the members of the tribunal such remuneration (whether by way of salaries or by way of fees), and such allowances, as the Treasury may determine.

• (3) For the purposes of any proceedings arising before the tribunal the provisions of sections 3, 5 and 39 of the Land Compensation (Scotland) Act 1963 shall apply as they apply to proceedings on a question referred to the official arbiter under section 2 of that Act, but with the substitution, in sections 5 and 39 of that Act, for references to the acquiring authority, of references to the person from whom the compensation is claimed.

SCHEDULE 6

Part I

The Lands Clauses Acts

1

• (1) The following sections of the Lands Clauses Consolidation (Scotland) Act 1845 (hereafter in this Schedule referred to as “the Act of 1845”) shall be excepted from incorporation with this Act, that is to say—

• (a) sections 120 to 124 (sale of superfluous land);

• (b) section 127 (promoters to make good deficiencies in land tax and rates); and

• (c) sections 142 and 143 (access to the special Act).

• (2) In construing the Lands Clauses Acts and the Railways Clauses Consolidation (Scotland) Act 1845 as incorporated with this Act—

• (a) this Act or, in relation to a compulsory acquisition, this Act and the compulsory purchase order, shall be deemed to be the special Act;

• (b) in relation to a compulsory acquisition, references to the promoters of the undertaking or to the railway company shall be construed as references to the acquiring authority;

• (c) references to the execution of the works or to the construction of the railway shall be construed as including references to any erection, construction or carrying out of buildings or works authorised by this Act;

• (d) in relation to any erection, construction or carrying out of any building or works so authorised, references in section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 (compensation for injurious affection) to the railway company shall be construed as references to the person by whom the buildings or works in question are erected, constructed or carried out; and

• (e) references to the execution of the works or to the construction of the railway shall be construed as including also references to any erection, construction or carrying out of buildings or works on behalf of the Secretary of State on land acquired by him under section 8 of this Act, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.

2

For the purposes of section 116 of the Act of 1845 (powers of compulsory purchase not to be exercised after the expiration of the prescribed period) the prescribed period shall, in relation to any acquisition, be three years from the coming into operation of the compulsory purchase order.

3

The acquiring authority shall, without prejudice to any power in that behalf exercisable by them apart from this paragraph, be entitled, notwithstanding anything in section 17 of the Act of 1845 or in any other provision of the Lands Clauses Acts, to acquire one or some of two or more interests subsisting in the land without acquiring the other interest or interests subsisting therein.

4

• (1) If the acquiring authority have, in respect of any of the land, served notice to treat on every owner of that land, they may at any time thereafter serve a notice—

• (a) on every occupier of any of that land, and

• (b) on every person (other than such an occupier) who, having been served with a notice to treat in respect of that land, has requested the acquiring authority in writing to serve him with any notice under this sub-paragraph and has furnished them with an address for service thereof,

describing the land to which the notice relates and stating their intention to enter on and take possession thereof at the expiration of such period (not being less than 28 days from the date on which the notice is served) as may be specified in the notice.

• (2) At the expiration of the period specified in such a notice (or, where two or more such notices are required, and the periods specified in the several notices do not expire at the same time, of the last of those periods to expire), or at any time thereafter, the acquiring authority may enter on and take possession of the land to which the notice or notices relate without previous consent or compliance with sections 83 to 88 of the Act of 1845, but subject to payment of the like compensation for the land of which possession is taken, and interest on the compensation agreed or awarded, as they would have been required to pay if those provisions had been complied with.

5

• (1) The provisions of this paragraph shall have effect in substitution for the provisions of section 90 of the Act of 1845.

• (2) No person shall be required to sell a part only—

• (a) of any house, building or manufactory, or

• (b) of a park or garden belonging to a house,

if he is willing and able to sell the whole of the house, building, manufactory, park or garden, unless the arbiter determines that—

• (i) in the case of a house, building or manufactory, the part proposed to be acquired can be taken without material detriment to the house, building or manufactory, or

• (ii) in the case of a park or garden, the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house,

and, if he so determines, he shall award compensation in respect of any loss due to the severance of the part proposed to be acquired, in addition to its value: and thereupon the party interested shall be required to sell to the acquiring authority that part of the house, building, manufactory, park or garden.

6

Notices required to be served by the acquiring authority may, notwithstanding anything in section 18 of the Act of 1845, be served and addressed in the manner specified in section 45 of this Act in relation to notices required to be served under this Act.

Part II

The Land Compensation (Scotland) Act 1963

7

The arbiter shall not take into account any interest in land, or any enhancement of the value of any interest in land by reason of any building erected, work done or improvement or alteration made, whether on the land acquired or on any other land with which the claimant is, or was at the time of the erection, doing or making of the building, works, improvement or alteration, directly or indirectly concerned, if the arbiter is satisfied that the creation of the interest, the erection of the building, the doing of the work, the making of the improvement or the alteration, as the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

8

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

SCHEDULE 7

Introductory

1

The provisions of this Schedule shall have effect with respect to any compulsory purchase order which includes a direction, under section 15(1) of this Act, that the provisions of this Act relating to expedited completion shall apply to the order so far as it relates to land specified in the direction; and in this Schedule " the relevant land " means the land so specified.

Particulars to be included in notice of confirmation of order

2

The notice of the confirmation or making of the order required by this Act to be published—

• (a) shall refer to the provisions as to entry and vesting contained in section 16(6) of this Act, and

• (b) shall include a notification to the effect that every person entitled to claim compensation in respect of any of the relevant land or any interest in such land is invited to give information to the acquiring authority, in the prescribed form, with respect to his name and address and the land and interest in question.

Certificate of acquiring authority for purpose of determining date of vesting

3

For the purposes of section 16 of this Act, a certificate given by the acquiring authority stating that the service of notices on occupiers required by subsection (5) of that section was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated.

Exclusion of power of entry conferred by Schedule 6 to this Act

4

Paragraph 4 of Schedule 6 to this Act shall not have effect in relation to the order.

Restriction on withdrawal of constructive notice to treat

5

The power conferred by section 39 of the Land Compensation (Scotland) Act 1963 or by that section as applied by paragraph 5(3) of Schedule 5 to this Act to withdraw a notice to treat shall, in the case of a notice to treat which is deemed to have been served by virtue of section 16(2) of this Act, not be exercisable—

• (a) in respect of the interest of an occupier, at any time after the service on that occupier of the notice required to be served by virtue of section 16(5) of this Act, and

• (b) in respect of any other interest, at any time after that interest has vested in the acquiring authority by virtue of section 16(6) of this Act.

Special provisions with respect to parts of buildings, etc.

6

• (1) Where a part only of a house, building or manufactory, or of a park or garden belonging to a house, is comprised in the relevant land, then, if notice in that behalf is given to the acquiring authority in accordance with the provisions of sub-paragraph (2) below, no notice to treat shall be deemed by virtue of section 16(2) of this Act to have been served in respect of any interest in the said part; and, as from the giving of the first-mentioned notice, the order shall have effect in relation to that part as if it had not been comprised in the relevant land.

• (2) A notice under sub-paragraph (1) above in respect of any premises consisting of part of a house, building, manufactory, park or garden may be given to the acquiring authority by any person having an interest in those premises, but shall not have effect if given before the order has come into operation or after the acquiring authority have executed in respect of those premises a declaration under section 16(3) of this Act.

7

Neither paragraph 5 of Schedule 6 to this Act (which makes special provision in substitution for section 90 of the Act of 1845, with respect to the compulsory acquisition of parts of buildings) nor the said section 90 shall have effect in relation to the order.

Compensation not to be affected by provision for expedited completion

8

Where any of the relevant land has become vested in the acquiring authority by virtue of section 16(6) of this Act, the authority shall be liable to pay the like compensation for the land, and the like interest on the compensation agreed or awarded, as they would have been required to pay if sections 83 to 88 of the Act of 1845, and the provisions of that Act compliance with which would have been requisite in order to render exercisable by them the powers referred to in the said section 16(6), had been complied with.

Exclusion of provisions of Act of 1845 relating to absent parties and interests omitted to be purchased

9

• (1) Where a notice to treat is deemed by virtue of section 16(2) of this Act to have been served in respect of any interest, the provisions of the Act of 1845 mentioned in sub-paragraph (2) below shall, notwithstanding section 12(1) of this Act, not have effect in relation to the acquisition of that interest.

• (2) The said provisions are sections 56 to 60 and 63 to 66 (mode of ascertaining compensation to absent parties) and sections 117 to 119 (interests which have by mistake been omitted to be purchased).

Charges and leases affecting relevant land and other land

10

• (1) Where land consisting or forming part of the relevant land is, together with other land not comprised in the relevant land, burdened with a charge, such portion of the charge as may be apportioned under section 109 of the Act of 1845 to the first-mentioned land shall, subject to sub-paragraph (3) below, be treated as having been extinguished by virtue of section 16(6) of this Act on the vesting of that land in the acquiring authority under that subsection.

• (2) Where by virtue of sub-paragraph (1) above a portion of a charge is treated as having been extinguished, sections 108 to 111 of the Act of 1845 shall have effect as if the extinguishment had taken place under section 110 of that Act.

• (3) If, in the circumstances described in sub-paragraph (1) above, the person entitled to the charge and the owner of the land subject thereto enter into an agreement to that effect, the said sections 108 to 111 shall have effect as if, at the time of the vesting of the relevant land in the acquiring authority under section 16(6) of this Act, the person entitled to the charge had discharged that land from the charge on the condition mentioned in section 109 of the Act of 1845 ; and, in that case, no part of the charge shall be treated as having been extinguished by virtue of the said section 16(6) so far as regards the remaining part of the land burdened therewith.

• (4) Any question as to the apportionment mentioned in section 109 of the Act of 1845 shall be referred to and determined by an official arbiter in accordance with section 2 of the Land Compensation (Scotland) Act 1963.

11

Where land consisting or forming part of the relevant land is, together with other land not comprised in the relevant land, comprised in a lease for a term of years unexpired, section 112 of the Act of 1845 shall have effect in relation thereto with the substitution, for references therein to the time of the apportionment of rent therein mentioned, of references to the time of the vesting in the acquiring authority of the first-mentioned land under section 16(6) of this Act.

Miscellaneous

12

Where, any of the relevant land has become vested in the acquiring authority under section 16(6) of this Act, any person who, in consequence thereof, is relieved from any liability (whether in respect of a charge, rent under a lease, interest due on any heritable security or any other matter) and makes any payment as in satisfaction or part satisfaction of that liability shall, if he shows that when he made the payment he did not know of the facts which constitute the cause of his being so relieved, or of some one or more of those facts, be entitled to recover the sum paid from the person to whom it was paid.

13

Where the acquiring authority have expede a notice of title in respect of land by virtue of section 16(6) of this Act and the compensation payable in respect of the interests in the land is not finally ascertained at the time when the notice of title is presented for recording, then, if the notice of title is accompanied by a certificate by the authority to that effect, it may lawfully be recorded in the Register of Sasines notwithstanding that it is not stamped ; and section 12 of the Finance Act 1895 (which provides for the collection of stamp duty, where property is vested by way of sale by virtue of an Act, within three months of the date of vesting) shall have effect, with respect to the vesting of those interests, with the substitution, for the reference therein to the date of vesting, of a reference to the date on which the compensation has been finally ascertained.

14

Where, after land has become vested in the acquiring authority under section 16(6) of this Act, a person retains possession of any writ relating to the land, he shall be deemed to have given to the authority an undertaking to produce that writ to the authority on all necessary occasions.

15

• (1) The time within which a question of disputed compensation, arising out of an acquisition of an interest in land in respect of which a notice to treat is deemed to have been served by virtue of section 16(2) of this Act, may be referred to arbitration shall be the period of six years from the date at which the person claiming compensation, or a person from whom he derives title, first knew, or could reasonably be expected to have known, of the vesting of the interest by virtue of section 16(6) of this Act.

• (2) In reckoning the period of six years referred to in sub-paragraph (1) above, no account shall be taken of any period during which the person claiming compensation, or the person from whom he derives title, was in minority or less age or was under legal disability.

SCHEDULE 8

1

• (1) In this Schedule “the relevant Minister” means—

• (a) in relation to an order under section 23 of this Act, the Secretary of State;

• (b) in relation to an order under section 28 of this Act, the Secretary of State and the appropriate Minister;

• (c) in relation to an order under section 30 of this Act, the appropriate Minister.

• (2) In this Schedule any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification, if any, ought to be made.

2

Unless the relevant Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the relevant Minister 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 relevant 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 by the official arbiter in assessing compensation, the relevant Minister 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 relevant 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 relevant Minister may make a final decision without further investigation as to those matters.

5

Subject to paragraphs 3 and 4 above, the relevant 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 relevant Minister; and if the objector avails himself of that opportunity, the relevant Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, 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 relevant Minister to be expedient to afford such an opportunity.

6

Notwithstanding anything in the foregoing provisions of this Schedule, if it appears to the relevant 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.

SCHEDULE 9

1

In so far as any order, regulation, certificate, declaration or other instrument made, given or executed under any enactment repealed by this Act, or any other thing done under or by virtue of any such enactment, could have been made, given, executed or done under or by virtue of a corresponding provision of this Act, it shall not be invalidated by the repeals effected by section 48 of this Act but, subject to paragraph 3 below, shall have effect as if made, given, executed or done under or by virtue of that corresponding provision.

2

Without prejudice to paragraph 1 above, any provision of this Act relating to anything done or required or authorised to be done under, or by reference to, that provision or any other provision of this Act shall, subject to paragraph 3 below, have effect as if any reference to that provision or that other provision, as the case may be, included a reference to the corresponding provision of the enactments repealed by this Act.

3

Notwithstanding anything in paragraph 1 or 2 above, any advance made to a development corporation before the commencement of this Act under section 12(1) of the New Towns act 1946 shall be regarded for the purpose of section 43 of the New Towns Act 1965 as having been made under the said section 12(1) and not under section 37(1) (the corresponding provision) of this Act.

4

Nothing in this Act shall affect the enactments repealed thereby in their operation in relation to offences committed before the commencement of this Act.

5

Where any Act (whether passed before, or in the same Session as, this Act) or any document refers, either expressly or by implication, to an enactment (including an enactment as applied by the New Towns Act 1946) repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

6

• (1) Notwithstanding section 8(3) of this Act, paragraph 12 of Schedule 3 to this Act shall not apply to a compulsory purchase order under section 8 of this Act in the case of which any of the following things is done before the commencement of this Act, that is to say—

• (a) the order is submitted to the Secretary of State under Part I of Schedule 3 to this Act or an application for the order is submitted to the Secretary of State and the appropriate Minister under Part I of Schedule 4 to this Act;

• (b) a notice relating to a draft of the order is published under Part III of the said Schedule 3 or served under Part II of the said Schedule 4.

• (2) Notwithstanding the said section 8(3), paragraph 13 of Schedule 3 to this Act shall not apply to a compulsory purchase order under section 8(2) of this Act in the case of which either of the things mentioned in sub-paragraph (1)(b) above is done before the commencement of this Act.

7

Without prejudice to paragraph 5 above, the reference to section 51 of the Town and Country Planning (Scotland) Act 1945 as applied by the New Towns Act 1946 contained in Part II of Schedule 3 to the War Damage Act 1964 (which lists enactments repealed as from 1st October 1968) shall be construed as a reference to section 15(2) of this Act.

8

Nothing in this Schedule shall be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (which relates to the effect of repeals).

SCHEDULE 10

Rivers (Prevention of Pollution) (Scotland) Act 1951

In section 35(1), in the definition of " local authority", for the words " Act, 1946 " there shall be substituted the words " (Scotland) Act 1968 ", and for the words from " subsection (2)" to " Act, 1897," there shall be substituted the words " section 34(1) of that Act entitled to exercise any powers ".

New Towns Act 1965

In section 43(6), for the words from " whether " to the end of the paragraph, there shall be substituted the words " before the commencement of the New Towns (Scotland) Act 1968 under section 12(1) of the New Towns Act 1946 in its application to Scotland (to which section 37(1) of the said Act of 1968 corresponds), and after the commencement of the said Act of 1968 under the said section 37(1); and ".

SCHEDULE 11

Reduction of designated areas.

1A

• (1) 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—

• (a) the development corporation for the town, and

• (b) the local authorityin whose area the land is situated,

he is satisfied that it is expedient to make the order.

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

• (a) the land specified in the order shall cease to be contained in the area of the new town; and

• (b) the order made under section 1 above designating the land shall cease to operate as regards that land.

• (3) 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.

• (4) Schedule 1A to this Act applies with respect to the effect of an order under this section.

• (5) As soon as may be after an order under this section becomes operative, the Secretary of State shall record it in the Register of Sasines or the Land Register of Scotland, as the case may be.

• (6) The power to make an order under this section shall be exercisable by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament.

15

18AA

• (1) Notwithstanding the provisions of sections 3 and 18 of this Act, a development corporation may sell their whole interest in any land (within or outside the area of the new town) held for housing purposes.

• (2) A development corporation shall not sell their interest in any land under this section without the consent of the Secretary of State, which may be given—

• (a) subject to conditions;

• (b) either generally to all development corporations or to a particular development corporation;

• (c) in relation either to particular land or to land of a particular description.

• (3) A development corporation shall not, except with the consent of the Secretary of State, sell their interest in any land under this section otherwise than on the best terms that can be reasonably obtained.

18A

• (1) The Secretary of State may direct a development corporation to pay to him, on the date specified in the direction, such sum as is so specified, and any sum so received by him shall, subject to section 18C(2) below, be paid into the Consolidated Fund.

• (2) Before giving a direction under this section the Secretary of State shall consult the corporation.

• (3) The debt shall carry interest at the rate for the time being in force under section 40 of the Land Compensation (Scotland) Act 1963 from the date specified in the direction until payment.

18B

• (1) Where, in order to comply with a direction under section 18A above, the corporation considers it desirable to dispose of any land, it may do so by virtue of this section.

• (2) The power of disposal by virtue of this section may be exercised notwithstanding anything in this Act but must be exercised in accordance with subsections (3) and (4) below.

• (3) The power shall not be exercised so as to dispose of land by way of standard security or charge.

• (4) In exercising the power a corporation shall comply with such directions as the Secretary of State may give to it—

• (a) for restricting the exercise of the power; or

• (b) for requiring the power to be exercised in any manner specified in the directions.

• (5) Before giving a direction under subsection (4) above the Secretary of State shall consult the corporation unless he is satisfied that because of urgency consultation is impracticable.

• (6) Where a corporation purports to dispose of land by virtue of this section, then—

• (a) in favour of a person claiming under the corporation, the disposal so purporting to be made shall not be invalid by reason that any direction of the Secretary of State given under this section has not been complied with; and

• (b) a person dealing with or claiming under the corporation shall not be concerned to see or enquire whether any direction has been given or complied with.

• (7) References in this section to disposing of land include references to granting an interest in or over land.

18C

• (1) The whole or part of any payment made to the Secretary of State under section 18A above shall, if the Secretary of State with the Treasury’s approval so determines, be treated—

• (a) as made by way of repayment of such part of the principal of advances under section 37(1) of this Act, and

• (b) as made in respect of the repayments due at such times,

as may be so determined.

• (2) Any sum treated under subsection (1) as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.

36A

Sections 35, 36B and 36D of this Act shall have effect as if references to statutory undertakers included references to operators of an electronic communications code network and as if for this purpose—

• (a) references to a statutory undertaking were references to the provision of such a network, and

• (b) references to the appropriate Minister were references to the Secretary of State for Trade and Industry.

Direction and order making powers of Secretary of State.

36B

• (1) Subject to the conditions set out in subsection (2) below and without prejudice to the powers contained in section 3, 18, 18AA or 18B of this Act, a development corporation may dispose of any of their property, rights or liabilities on such terms (including by way of gift) as they think fit to any person, including (without prejudice to this generality) Scottish Enterprise, . . . . . . a local authority or a statutory undertaker.

• (2) The conditions relating to the power conferred by subsection (1) above are that the power may be exercised only—

• (a) with the consent (which may be general or specific) of the Secretary of State, and

• (b) during the period from the date of coming into force of the winding up order until the date of dissolution of the corporation.

36C

• (1) Without prejudice to the power contained in section 4(2) of this Act the Secretary of State may, in relation to a development corporation who are subject to a winding up order—

• (a) during the period from the date of coming into force of the order until the date named in the order as the date by which the corporation are to be wound up (the “winding up date”), give directions (which may be general or specific) to the corporation in relation to the winding up; and

• (b) during the period from the winding up date until the date of dissolution of the corporation, give directions (which may be general or specific) to the corporation.

• (2) In the case of a development corporation who are subject to a winding up order the Secretary of State may exercise the power conferred by section 5(2) of this Act without its having to appear to him that there are exceptional circumstances rendering such exercise expedient.

36D

• (1) At any time after a winding up order has been made the Secretary of State may by order (a “transfer order”), made by statutory instrument and subject to annulment in pursuance of a resolution by either House of Parliament, provide for the transfer of any property, rights and liabilities of a development corporation to any person, including (without prejudice to this generality) Scottish Enterprise, . . . . . . a local authority or a statutory undertaker.

• (2) A transfer order may‐

• (a) transfer the property, rights and liabilities on such terms (which may include transfer either with or without consideration) as the Secretary of State may provide in the order,

• (b) include provisions amending any enactment relating to Scottish Enterprise, . . . . . . a local authority or a statutory undertaker for the purpose, or in consequence, of any transfer made to any such body by virtue of subsection (1) above, and

• (c) contain any such incidental, consequential, supplementary or ancillary provisions as the Secretary of State thinks necessary or expedient for the purposes of the order.

• (3) Any property, right or liability transferred to any person by a transfer order shall vest in that person on such date as may be specified in the order.

• (4) If a person to whom any land is transferred by a transfer order wishes to complete his title to the land by expeding a notarial instrument or notice of title or otherwise, the order shall be deemed to be and may be used as a general disposition or assignation of the land in his favour.

36E

• (1) If the Secretary of State is satisfied that it is expedient, having regard to the provisions of any transfer order or proposed transfer order, that the liability of a development corporation in respect of advances made to them under this Act should be reduced he may, by order made with the consent of the Treasury, reduce that liability to such extent as may be specified in the order.

• (2) Section 46(6) of this Act applies to orders under this section.

36F

• (1) Where the Secretary of State is satisfied that a disposal of land by a development corporation or any transfer of land under a transfer order imposes or will impose a financial burden on the disponee or transferee he may make grants to the disponee or transferee of amounts to be determined by him with the consent of the Treasury.

• (2) Where a development corporation are satisfied as mentioned in subsection (1) above they may make grants of amounts to be determined by them with the approval of the Secretary of State and the consent of the Treasury.

• (3) Any grant made under this section may be given subject to such conditions as the granter thinks appropriate including (without prejudice to this generality) conditions requiring repayment of all or any part of a grant in the event of non-compliance with any other condition; and any consent given under this section may be general or specific.

36G

• (1) A development corporation shall, after the making of a winding up order relating to them, remain in existence until such date as the Secretary of State, after consultation with the corporation, appoints for their dissolution by order made by statutory instrument.

• (2) The date appointed under subsection (1) above shall not be earlier than the date provided for in the winding up order for the completion of the winding up of the corporation.

36H

Any surplus arising from the winding up of a development corporation shall be paid into the Exchequer and any deficit shall be defrayed out of money provided by Parliament.

37AA

• (1) For the purpose of enabling a development corporation—

• (a) to meet expenditure properly chargeable to capital account and incurred or to be incurred in providing, or in making contributions towards the cost to others of providing, any of the facilities specified in subsection (2) below, or

• (b) to make good to revenue account sums applied in meeting liabilities so chargeable and arising out of the provision of any of those facilities,

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.

• (2) The facilities referred to in subsection (1) above are—

• (a) roads, paths, bridges and car parks;

• (b) public open spaces, recreation grounds, playgrounds and landscaping;

• (c) meeting halls and assembly rooms; and

• (d) any other facilities similar to those specified in paragraph (a), (b) or (c) above.

37A

• (1) Subject to section 60 of the New Towns Act 1981 , a development corporation may borrow temporarily, by way of overdraft or otherwise, either–

• (a) in sterling from the Secretary of State, or

• (b) with the consent of the Secretary of State and the approval of the Treasury, or in accordance with any general authority given by the Secretary of State with the approval of the Treasury, in any currency from any other person,

such sums as the development corporation may require for meeting their obligations or performing their functions.

• (2) With the consent of the Secretary of State and the approval of the Treasury, a development corporation may, subject to section 60 of the New Towns Act 1981 , borrow, otherwise than by way of temporary loan,—

• (a) in any currency from the commission of the European Union or from the European Investment Bank, or

• (b) in any currency other than sterling from any person, other than the Secretary of State and the bodies mentioned in the preceding paragraph,

such sums as they may require for enabling them 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.

38A

• (1) The Treasury may guarantee, in such manner and on such conditions as they may think fit, the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any sums which a development corporation borrow under this Act from a person other than the Secretary of State.

• (2) Immediately after a guarantee is given under this section, 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, as soon as possible after the end of each financial year, beginning with that in which the sum is issued, and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged, lay before each House of Parliament a statement relating to that sum.

• (3) Any sums required by the Treasury for fulfilling a guarantee under this section shall be charged on and issued out of the Consolidated Fund.

• (4) If any sums are issued in fulfilment of a guarantee given under this section in respect of money borrowed by a development corporation, the development 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 may so direct, in or towards repayment of the sums so issued and payments of interest on what is outstanding for the time being in respect of amounts so issued at such rate as the Treasury may so direct.

• (5) Any sums received under subsection (4) of this section by the Treasury shall be paid into the Consolidated Fund.

Financial reconstruction

38AB

• (1) The Secretary of State may, with the consent of the Treasury, by order extinguish to such extent as may be specified in the order any liabilities of a development corporation in respect of advances made by him to the corporation under section 37(1) of this Act or section 12(1) of the New Towns Act 1946.

• (2) Where liabilities are extinguished under this section the assets of the National Loans Fund shall be reduced by amounts corresponding to the liabilities so extinguished.

• (3) No order shall be made under this section unless a draft of it has been laid before, and approved by, the Commons House of Parliament.

38B

• (1) Where it appears to the Secretary of State, after consultation with the Treasury and the development corporation, that a development corporation have a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for their future requirements, the development corporation shall, if the Secretary of State after such consultation as aforesaid so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction; and any sum received by the Secretary of State under this section shall, subject to subsection (3) of this section, be paid into the Consolidated Fund.

• (2) The whole or part of any payment made to the Secretary of State by a development corporation under subsection (1) above shall, if the Secretary of State with the approval of the Treasury so determines, be treated as made by way of repayment of such part of the principal of advances under section 37(1) of this Act, and as made in respect of the repayments due at such times, as may be so determined.

• (3) Any sum treated under subsection (2) above as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.

SCHEDULE 1A

Disposal of Land

1

• (1) Subject to sub-paragraphs (2) to (4) below, and without prejudice to any other power it may have to dispose of land under this Act, the development corporation shall dispose of any land which it has acquired—

• (a) which falls within the excluded land; and

• (b) which is not required for purposes connected with the development of the new town or for the provision of services for the purposes of the new town.

• (2) Subsection (4) of section 18 applies to disposals under this Schedule as it applies to disposals under that section.

• (3) A corporation shall comply with such directions as the Secretary of State may give—

• (a) for preventing the duty mentioned in sub-paragraph (1) above from being performed; or

• (b) for restricting the duty; or

• (c) for requiring it to be performed in a manner specified in the directions.

• (4) The development corporation shall not, except with the consent of the Secretary of State, dispose of any excluded land otherwise than on the best terms that can reasonably be obtained.

• (5) Before giving a direction under sub-paragraph (3) above, the Secretary of State shall consult with the chairman of the corporation, or, if the chairman is not available, with the deputy chairman, unless he is satisfied that because of urgency consultation is impracticable.

• (6) A transaction between a person and a development corporation acting in purported exercise of their powers under this Schedule shall not be void by reason only that it was carried out either—

• (a) in contravention of a direction given by the Secretary of State under sub-paragraph (3) above, or

• (b) without the consent mentioned in sub-paragraph (4) above having been obtained.

Apointment of members and tenure of office

Pension benefits for chairmen

7A

In the case of any such person, who is or has been the chairman of the corporation, as the Secretary of State may with the consent of the Minister for the Civil Service determine, the Secretary of State may direct the corporation—

• (a) to pay to or in respect of that person on his retirement or death such pension, allowance or gratuity as may be so determined, or

• (b) to make payments towards the provision of such a pension, allowance or gratuity.

Modification of Schedule 3, Part V in relation to compulsory purchase orders made in pursuance of s. 10

In section 35(1), in the definition of “ local authority”, for the words “Act, 1946” there shall be substituted the words “(Scotland) Act 1968”, and for the words from “subsection (2)” to “ Act, 1897,” there shall be substituted the words “section 34(1) of that Act entitled to exercise any powers”.

Editorial notes

[^c733532]: Act amended with the substitution of references to Lands Tribunal for Scotland or member of that Tribunal for references to arbiter or official arbiter and of references to Land Compensation (Scotland) Act 1963 (c. 51, SIF 28:2), ss. 8, 9 or 11 for references to ss. 2, 3 or 5 of that Act by s. 47(5) of this Act

[^c733533]: Act excluded by New Towns Act 1981 (c. 64, SIF 123:3), s. 64(2)