New Towns (Scotland) Act 1968

• (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