Local Government, Planning and Land Act 1980

• (b) to secure the best, or most economic, development or use of the land.

for other purposes.

• (3) The said section 2, . . . shall be construed and have effect as if references to the public service included the service in the United Kingdom—

• (a) of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become, a member;

• (b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

• (c) of a foreign sovereign Power or the Government of such a power;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

• (4) Where the Secretary of State proposes to dispose of any of his land and is of the opinion that it is necessary, in order to facilitate that disposal, to acquire adjoining land, then, notwithstanding that the acquisition of that adjoining land is not necessary for the public service, the said section 2 shall apply as if it were necessary for the public service.

• (5) Where the Secretary of State is authorised by the said section 2 to acquire land by agreement for a particular purpose, he may acquire that land notwithstanding that it is not immediately required for that purpose; and any land acquired by virtue of this subesection may, until required for the purpose for which it was acquired, be used for such purpose as the Secretary of State may determine.

• (6) The Secretary of State may dispose of land held by him and acquired by him or any other Minister under the said section 2, . . .to such person, in such manner and subject to such conditions as may appear to the Secretary of State to be expedient, and in particular may under this subsection dispose of land held by him for any purpose in order to secure the use of the land for that purpose.

• (7) Any expenditure of the Secretary of State attributable to this section shall be paid out of money provided by Parliament.

• (8) This section (which re-enacts section 37 of the Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period before the passing of this Act, shall have effect as if for sub-section (3) there were substituted:—

• (3) The said section2, . . . shall be construed and have effect as if references to the public service included the service in the United Kingdom—

• (a) of any international organisation or institution of which the United Kingdom, or Her Majesty’s Government in the United Kingdom, is, or is to become, a member;

• (b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

Acquisition of land by the Crown in Northern Ireland.

123

• (1) The provisions of the law of Northern Ireland mentioned below (acquisition of land necessary for the public service) shall be construed and have effect as if references to the public service included the service in the United Kingdom—

• (a) of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become a member;

• (b) of any office or agency established by such an organisation or institution for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

• (c) of a foreign sovereign Power or the Government of such a Power;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

• (2) The said provisions are section 5(1) of the Stormont Regulation and Government Property Act (Northern Ireland) 1933 and Article 65 of the Land Acquisition and Compensation (Northern Ireland) Order 1973.

• (3) This section (which re-enacts section 38 of the Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period before the passing of this Act, shall have effect as if for subsection (1) there were substituted:—

• (1) The provisions of the law of Northern Ireland mentioned below (acquisition of land necessary for the public service) shall be construed and have effect as if references to the public service included the service in the United Kingdom—

• (a) of any international organisation or institution of which the United Kingdom, or Her Majesty’s Government in the United Kingdom, is, or is to become, a member;

• (b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party;

and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

• (4) This section extends to Northern Ireland only.

Town development functions.

124

• (1) Subject to subsections (2) and (3) below, the functions under the Town Development Act 1952 which the Local Government Act 1972 conferred on county councils shall cease to be exercisable by such councils.

• (2) Nothing in this section shall affect—

• (a) any undertaking under section 4 or 10(3) of the Town Development Act 1952; or

• (b) any agreement under section 8 of that Act,

which a county council have given or made before the passing of this Act.

• (3) The repeal of section 11 of the Town Development Act 1952 (modification of enactments consequential on participation by county council) shall not affect any orders under that section which are in force at the passing of this Act; and any such order may accordingly be varied or revoked under that section as if this Act had not been passed.

Extent of Part XIV.

125

In this Part of this Act, only sections 116, 118, and 120 to 122 extend to Scotland.

Part XV — New Towns

Payments to Secretary of State

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

126

Licensing

Off-licences: special provisions to cease.

131

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

Power to end special licensing provisions.

132

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

Miscellaneous

Interpretation, amendments and extent.

133

• (1) In this Part of this Act—

• ...

• ...

• “the 1968 Act” means the New Towns (Scotland) Act 1968.

• (2) The amendments to the 1968 Act, the Land Compensation Act 1961 and the Land Compensation (Scotland) Act 1963 mentioned in Schedule 25 below shall have effect.

• (3)

• (4) This Part of this Act does not extend to Scotland (apart from this section) or to Northern Ireland.

Part XVI — Urban Development

Urban development areas

Urban development areas.

134

• (1) . . . if the Secretary of State is of opinion that it is expedient in the national interest to do so, he may by order made by statutory instrument designate any area of land as an urban development area.

• (1A) Before making an order under subsection (1) in relation to land in England, the Secretary of State must consult the following persons—

• (a) persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the proposed urban development area;

• (b) persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the proposed urban development area;

• (c) each local authority for an area which falls wholly or partly within the proposed urban development area; and

• (d) any other person whom the Secretary of State considers it appropriate to consult.

• (1C) An area of land designated as an urban development area in England must include, but need not wholly consist of, an area in an existing town or centre of population.

• (2) . . . . . . . . . . . . . . .

• (3) Separate parcels of land may be designated as one urban development area.

• (3A) The Secretary of State may by order alter the boundaries of any urban development area so as to exclude any area of land.

• (3B) Before making an order under subsection (3A) above, the Secretary of State shall consult any local authority the whole or any part of whose area is included in the area of land to be excluded by the order.

• (4) A statutory instrument containing an order made by the Secretary of State under subsection (1) does not have effect until approved by a resolution of each House of Parliament.

• (4A) If a draft of an instrument containing an order by the Secretary of State under subsection (1) would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

• (4B) An order made by the Welsh Ministers under subsection (1) (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) does not have effect until approved by a resolution of the National Assembly for Wales.

• (4C) An order made by the Scottish Ministers under subsection (1) (by virtue of section 53 of the Scotland Act 1998) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

• (5) The power to make an order under subsection (3A) above—

• (a) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and

• (b) shall include power to make such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks fit.

Urban development corporations

Urban development corporations.

135

• (1) For the purposes of regenerating an urban development area, the Secretary of State shall by order made by statutory instrument establish a corporation (an urban development corporation) for the area.

• (1A) Before making an order under this section in relation to an urban development area in England, the Secretary of State must consult the following persons—

• (a) persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the urban development area;

• (b) persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the urban development area;

• (c) each local authority for an area which falls wholly or partly within the urban development area; and

• (d) any other person whom the Secretary of State considers it appropriate to consult.

• (2) An order under this section may be made at the same time as an order under section 134(1) above.

• (3) A statutory instrument containing an order made by the Secretary of State under this section does not have effect until approved by a resolution of each House of Parliament.

• (3A) If a draft of an instrument containing an order by the Secretary of State under this section would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

• (3B) An order made by the Welsh Ministers under this section (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) does not have effect until approved by a resolution of the National Assembly for Wales.

• (3C) An order made by the Scottish Ministers under this section (by virtue of section 53 of the Scotland Act 1998) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

• (4) An urban development corporation shall be a body corporate by such name as may be prescribed by the order establishing it.

• (5) Schedule 26 below shall have effect with respect to urban development corporations.

• (6) It is hereby declared that an urban development corporation is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that the corporation’s property is not to be regarded as the property of, or property held on behalf of, the Crown.

Oversight of locally-led urban development area

135A

• (1) The Secretary of State may by regulations make provision about how an oversight authority is to oversee the regeneration of a locally-led urban development area.

• (2) Regulations under subsection (1) may, for example—

• (a) provide that an oversight authority is to exercise specified functions under this Part of this Act, other than a power to make regulations or other instruments of a legislative character, which would otherwise be exercisable by the Secretary of State, the Treasury or any other Minister of the Crown;

• (b) provide that an oversight authority is to exercise such functions subject to specified conditions or limitations;

• (c) provide that specified functions under this Part of this Act may be exercised only with the consent of an oversight authority;

• (d) make provision about the membership of a locally-led urban development corporation;

• (e) modify provisions of this Part of this Act;

• (f) make different provision for different purposes;

• (g) make incidental, supplementary or consequential provision.

• (3) In this section “specified” means specified by regulations under this section.

• (4) Regulations under this section are to be made by statutory instrument.

• (5) A statutory instrument containing regulations under this section may not be made until approved by a resolution of each House of Parliament.

Objects and general powers.

136

• (1) The object of an urban development corporation shall be to secure the regeneration of its area.

• (1A) In pursuing that object, an urban development corporation that is established for the purposes of regenerating or developing an urban development area in England must aim to contribute to—

• (a) the achievement of sustainable development, and

• (b) the mitigation of, and adaptation to, climate change.

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

• (2) The object is to be achieved in particular by the following means (or by such of them as seem to the corporation to be appropriate in the case of its area), namely, by bringing land and buildings into effective use, encouraging the development of existing and new industry and commerce, creating an attractive environment and ensuring that housing and social facilities are available to encourage people to live and work in the area.

• (2A) Subject to sections 137 and 138, for the purpose of achieving the object an urban development corporation established for the purposes of an urban development area in England may—

• (a) acquire, hold, manage, reclaim and dispose of land and other property;

• (b) carry out building and other operations;

• (c) carry on any business or undertaking for the purposes of the object; and

• (d) generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes.

(See also section 136A (powers in relation to infrastructure).)

• (2B) But nothing in this Part authorises an urban development corporation established for the purposes of an urban development area in England to carry on any business or undertaking for—

• (a) the supply of water, electricity or gas, or

• (b) the provision of sewerage services or heat networks.

• (3) Subject to sections 137 and 138 below, for the purpose of achieving the object an urban development corporation established for the purposes of an urban development area in Wales may—

• (a) acquire, hold, manage, reclaim and dispose of land and other property;

• (b) carry out building and other operations;

• (c) seek to ensure the provision of water, electricity, gas, sewerage and other services;

• (d) carry on any business or undertaking for the purposes of the object; and

• (e) generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes.

• (4) No provision of this Part of this Act by virtue of which any power is exercisable by an urban development corporation shall be construed as limiting the effect of subsection (2A) or (3) above.

• (5) Without prejudice to the generality of the powers conferred on urban development corporations by this Act, such a corporation, for the purpose of achieving the object,—

• (a) may, with the consent of the Secretary of State, contribute such sums as he with the Treasury’s concurrence may determine towards expenditure incurred or to be incurred by any local authority or statutory undertakers in the performance of any statutory functions of the authority or undertakers, including expenditure so incurred in the acquisition of land; and

• (b) may, with the like consent, contribute such sums as the Secretary of State with the like concurrence may determine by way of assistance towards the provision of amenities.

• (6) To avoid doubt it is declared that subsection (3) above relates only to the capacity of an urban development corporation as a statutory corporation; and nothing in this section authorises such a corporation to disregard any enactment or rule of law.

• (7) A transaction between a person and an urban development corporation shall not be invalidated by reason of any failure by the corporation to observe the object in subsection (1) above or the requirement in subsection (2A) or (3) above that the corporation shall exercise the powers conferred by that subsection for the purpose of achieving that object.

Powers in relation to infrastructure: England

136A

• (1) An urban development corporation established for the purposes of an urban development area in England may, for the purpose of achieving the object in section 136(1), provide or facilitate the provision of infrastructure.

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

• (3) In this section “infrastructure” means—

• (a) water, electricity, gas, telecommunications, sewerage or other services, including heat networks,

• (b) roads or other transport facilities,

• (c) retail or other business facilities,

• (d) health, educational, employment or training facilities,

• (e) social, religious or recreational facilities,

• (f) cremation or burial facilities, and

• (g) community facilities not falling within paragraphs (a) to (f).

• (4) Section 136(7) applies in relation to subsection (1) as it applies in relation to section 136(3).

Exclusion of functions.

137

• (1) An order under section 135 above may provide that any functions which may be exercisable by an urban development corporation by virtue of this Part of this Act and which are specified in the order are not to be exercised by the corporation established by the order, either as regards the whole of its area or as regards a portion of that area; and this Part of this Act shall apply to the corporation accordingly.

• (2) An order under section 135 above may amend any provision of a previous order under that section which was included in that order by virtue of subsection (1) above.

• (3) Nothing in subsection (2) above shall prejudice the operation of section 14 of the Interpretation Act 1978 (power to amend orders etc.).

Restrictions on powers.

138

• (1) Without prejudice to any provision of this Act requiring the consent of the Secretary of State to be obtained for anything to be done by an urban development corporation, he may give directions to such a corporation for restricting the exercise by it of any of its powers under this Act or for requiring it to exercise those powers in any manner specified in the directions.

• (2) Before giving a direction under subsection (1) above, the Secretary of State shall consult the corporation, unless he is satisfied that because of urgency consultation is impracticable.

• (3) A transaction between a person and an urban development corporation acting in purported exercise of its powers under this Act shall not be void by reason only that it was carried out in contravention of a direction given under subsection (1) above, and such a person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with.

Allocation or transfer of functions.

139

• (1) If it appears to the Secretary of State, in the case of an urban development area, that there are exceptional circumstances which render it expedient that the functions of an urban development corporation under this Part of this Act should be performed by the urban development corporation established for the purposes of any other area instead of by a separate corporation established for the purpose, he may, instead of establishing such a separate corporation, by order direct that those functions shall be performed by the urban development corporation established for the other area.

• (2) If it appears to the Secretary of State that there are exceptional circumstances which render it expedient that the functions of an urban development corporation established for one area should be transferred to the urban development corporation established for the purposes of another area, or to a new urban development corporation to be established for the first-mentioned area, he may, by order, provide for the dissolution of the first-mentioned corporation and for the transfer of its functions, property, rights and liabilities to the urban development corporation established for the purposes of the other area or (as the case may be) to a new corporation established for the purposes of the first-mentioned area by the order.

• (3) Without prejudice to section 14 of the Interpretation Act 1978, an order under this section providing for the exercise of functions in relation to an area by the urban development corporation established for the purposes of another area, or for the transfer of such functions to such a corporation, may modify the name and constitution of that corporation in such manner as appears to the Secretary of State to be expedient, and for the purposes of this Act that corporation shall be treated as having been established for the purposes of each of those areas.

• (4) Before making an order under this section providing for the transfer of functions from or to an urban development corporation or for the exercise of any functions by such a corporation, the Secretary of State shall consult that corporation.

• (5) An order under this section shall make, with regard to a corporation on which functions are conferred by the order, the same provision as that which may be made with regard to a corporation under section 137 above.

• (6) An order under this section shall be made by statutory instrument.

• (7) No order under this section shall have effect until approved by a resolution of each House of Parliament.

Consultation with local authorities.

140

• (1) An urban development corporation shall prepare a code of practice as to consultation with the relevant local authorities about the exercise of its powers.

• (2) In this section “the relevant local authorities” means local authorities the whole or any part of whose area is included in the urban development area.

• (3) Preparation of the code shall be completed not later than the expiration of the period of 12 months from the date of the establishment of the corporation.

• (4) A corporation may from time to time revise the whole or any part of its code.

• (5) A corporation shall prepare and revise its code in consultation with the relevant local authorities.

Transport functions relating to urban development areas in England

Exercise of transport functions

140A

• (1) A relevant transport authority must—

• (a) have regard to any plans published or shared with the authority by an English urban development corporation that may be relevant to the exercise of the authority’s functions, and

• (b) co-operate with an English urban development corporation in the development and implementation of the corporation’s plans.

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

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

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

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

• (a) instead of by the relevant transport authority,

• (b) concurrently with the relevant transport authority, or

• (c) jointly with the relevant transport authority.

• (6) Regulations under subsection (3)—

• (a) are to be made by statutory instrument;

• (b) may make different provision for different purposes;

• (c) may include consequential, supplementary, incidental, transitional or saving provision.

• (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) The Secretary of State may, in connection with regulations under subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 140B (transfer schemes: general provisions)).

• (9) In this section—

• “English urban development corporation” means an urban development corporation established for the purposes of an urban development area in England;

• “relevant transport authority” means any of the following for an area in England—a local transport authority within the meaning of Part 2 of the Transport Act 2000 (see section 108(4) of that Act),a local highway authority within the meaning of the Highways Act 1980 (see section 329 of that Act), ora local traffic authority within the meaning of the Road Traffic Regulation Act 1984 (see section 121A(5) of that Act).

Transfer schemes: general

Transfer schemes under sections 134 and 140A: general provisions

140B

• (1) In this section “transfer scheme” means a scheme under section 134(1G) or 140A(8).

• (2) The things that may be transferred under a transfer scheme include—

• (a) property, rights and liabilities that could not otherwise be transferred, and

• (b) property acquired, and rights and liabilities arising, after the making of the scheme.

• (3) A transfer scheme may—

• (a) create rights, or impose liabilities, in relation to property or rights transferred;

• (b) make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;

• (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

• (d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the new regulator;

• (e) make provision for the shared ownership or use of property;

• (f) make provision which is the same as or similar to the TUPE regulations;

• (g) make other consequential, supplementary, incidental or transitional provision.

• (4) A transfer scheme may provide—

• (a) for modifications by agreement;

• (b) for modifications to have effect from the date when the original scheme came into effect.

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

• (6) For the purposes of this section—

• (a) references to rights and liabilities include rights and liabilities relating to a contract of employment;

• (b) references to the transfer of property include the grant of a lease.

Land

Vesting by order in corporation.

141

• (1) Subject to subsection (2) below, the Secretary of State may by order made by statutory instrument provide that land specified in the order which is vested in a local authority, statutory undertakers or other public body or in a subsidiary of a public body shall vest in an urban development corporation established or to be established by an order under section 135 above for an area in which the land is situated.

• (2) An order under subsection (1) above may not specify land vested in statutory undertakers which is used for the purpose of carrying on their undertakings or which is held for that purpose.

• (3) In the case of land vested in statutory undertakers the Secretary of State and the appropriate Minister shall make any order under this section.

• (4) An order under this section shall have the same effect as a declaration under the Compulsory Purchase (Vesting Declarations) Act 1981 or, in Scotland, section 195 of the Town and Country Planning (Scotland) Act 1997 (both of which relate to general vesting declarations) except that, in relation to such orders, the enactments mentioned in Schedule 27 shall have effect subject to the modifications specified in that Schedule.

• (5) Compensation under the Land Compensation Act 1961 or, in Scotland, the Land Compensation (Scotland) Act 1963, as applied by subsection (4) above and Schedule 27 to this Act, shall be assessed by reference to values current on the date the order under this section comes into force.

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5B) No compensation is payable, by virtue of an order under this section, under Part V of the Land Compensation (Scotland) Act 1963

• (6) No order under this section shall have effect until approved by a resolution of each House of Parliament.

• (6A) No order shall be made under this section in relation to a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011.

• (7) In this section—

• “subsidiary”, in relation to a public body, means a wholly-owned subsidiary of that body; and

• “wholly-owned subsidiary” as defined by section 1159 of the Companies Act 2006

Acquisition by corporation.

142

• (1) An urban development corporation may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily)—

• (a) land in the urban development area;

• (b) land adjacent to the area which the corporation requires for purposes connected with the discharge of the corporation’s functions in the area;

• (c) land, whether or not in or adjacent to the area, which the corporation requires for the provision of services in connection with the discharge of the corporation’s functions in the area.

• (2) Where a corporation exercises its powers under subsection (1) above in relation to land which forms part of a common or open space or fuel or field garden allotment, the corporation may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land acquired. In the application of this subsection to Scotland the words “or fuel or field garden allotment” shall be omitted.

• (2A) The 1981 Act shall apply ... to the compulsory acquisition of land in pursuance of subsection (1) or (2) above.

• (3) The 1946 Act and, in Scotland, the 1947 Act shall apply (subject to section 144(2) below) in relation to the compulsory acquisition of land in pursuance of subsection (1) or (2) above as if—

• (a) this section were contained in an Act in force immediately before the commencement of the 1946 Act or (as the case may be) the 1947 Act,

• (b) an urban development corporation were a local authority.

• (4) An urban development corporation which may be authorised by the Secretary of State, by means of a compulsory purchase order, to purchase any land compulsorily for any purpose may be authorised by him, by means of such an order, to purchase compulsorily for that purpose such new rights over the land as are specified in the order: and in this subsection “new rights” means rights which are not in existence when the order specifying them is made.

• (5) In subsection (4) above “compulsory purchase order” has the same meaning as in the 1981 Act, and Schedule 3 to that Act shall apply to the compulsory purchase of a right by virtue of subsection (4) above

• (6) Subsection (5) above does not apply to Scotland.

• (7) In relation to Scotland, in subsection (4) above “compulsory purchase order” has the same meaning as in the 1947 Act, and section 63 of the Land Compensation (Scotland) Act 1973 shall apply to any compulsory purchase order made by virtu eof that subsection.

Acquisition by local highway authority.

143

• (1) This section applies where the appropriate Minister is satisfied that the construction or improvement of a road is needed—

• (a) outside an urban development area, for the purpose of securing the development of land in that area in accordance with proposals approved by the Secretary of State under section 148 below, or

• (b) for the purpose of providing means of access to such an area.

• (2) In that case, a local highway authority may, on being authorised to do so by the appropriate Minister acquire compulsorily any land as to which he is satisfied that its acquisition by the authority is requisite—

• (a) for the construction or improvement of the road, or

• (b) for carrying out the improvement, or controlling the development, of frontages to the road or of land abutting on or adjacent to the road.

• (3) Where a local highway authority has been authorised under subsection (2) above to acquire compulsorily land forming part of a common or open space or fuel or field garden allotment, the authority may be authorised under that subsection to acquire compulsorily land for giving in exchange for the land acquired. In the application of this subsection to Scotland the words “or fuel or field garden allotment” shall be omitted.

• (3A) The 1981 Act shall apply ... to the compulsory acquisition of land under this section

• (4) The 1946 Act and, in Scotland, the 1947 Act shall apply (subject to section 144(2) below) in relation to the compulsory acquisition of land in pursuance of this section as if this section were contained in an Act in force immediately before the commencement of the 1946 Act or (as the case may be, the 1947 Act.

• (5) In this section—

• “the appropriate Minister” means—

• (a) in England, the Minister of Transport; and

• (b) in Scotland or Wales, the Secretary of State; and

Vesting and acquisition: supplementary.

144

• (1) Schedule 28 below (land) shall have effect.

• (2) Part I of the Schedule modifies ... the 1947 Act as applied by section 142 and 143 above.

• (3) Part II relates to the acquisition of land by agreement under section 142 above.

• (4) Part III contains supplementary provisions about land vested in or acquired by an urban development corporation or local highway authority under this Part of this Act.

• (5) Part IV (which does not apply to Scotland) contains supplementary provisions about the acquisition by an urban development corporation of rights over land under section 142(4) above.

Land compensation.

145

• (1) The following paragraph shall be inserted after paragraph 4 of Schedule 1 to the Land Compensation Act 1961 (descriptions of actual or prospective development of which account is not to be taken in assessing compensation or the effect of which is to reduce compensation payable in respect of adjacent land in the same ownership which has benefited by the development) and after paragraph 4 of Schedule 1 to the Land Compensation (Scotland) Act 1963 (which makes similar provision for Scotland):—

4A. Where any of the relevant land forms part of an area designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980.	Development of any land other than the relevant land, in the course of the development or redevelopment of that area as an urban development area.

• (2) At the end of Part II of Schedule 1 to the Land Compensation Act 1961 there shall be added:—

(10) For the avoidance of doubt it is hereby declared— (a) that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 6 of this Act, no increase or diminution in value is to be excluded from being left out of acccount; and (b) that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 7 of this Act, no increase in value is to be excluded from being taken into account, merely because it is attributable— (i) to any development of land which was carried out before the area was designated as an urban development area; (ii) to any development or prospect of development of land outside the urban development area; (iii) to any development or prospect of development of land by an authority other than the acquiring authority, possessing compulsory purchase powers. (11) Paragraph 10 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in vlaue to be left out of account by virtue of section 6 of this Act.

• (3) In section 6 of the Land Compensation Act 1961—

• (a) in subsection (1)(b), for “4" substitute “ 4A ”; and

• (b) add at the end of subsection (2) the words “ and the provisions of Part III of that Schedule shall have effect with regard to paragraph 4A. ”.

• (4) At the end of Part II of Schedule 1 to the Land Compensation (Scotland) Act 1963 there shall be added:—

(6) For the avoidance of doubt it is hereby declared— (a) that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 13 of this Act no increase or diminution of value is to be excluded from being left out of account; and (b) that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 14 of this Act, no increase in value is to be excluded from being taken into account, merely because it is attributable— (i) to any development of land which was carried out before the area was designated as an urban development area; (ii) to any development or prospect of development of land outside the urban development area; (iii) to any development or prospect of development of land by an authority, other than the acquiring authority, possessing compulsory purchase powers. (7) Paragraph 6 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in value to be left out of account by virtue of section 13 of this Act.

• (5) In section 13 of the Land Compensation (Scotland) Act 1963—

• (a) in subsection (1)(b), for “4", where it first occurs, substitute “ 4A ”; and

• (b) add at the end of subsection (2A) the words “ and the provisions of Part III of that Schedule shall have effect with regard to paragraph 4A. ”.

Disposal by corporation.

146

• (1) Subject to this section and to any directions given by the Secretary of State under this Act, an urban development corporation may dispose of any land vested in or acquired by it to such persons, in such manner, and subject to such covenants or conditions, as it considers expedient for securing the regeneration of the corporation’s area or for purposes connected with the regeneration of the area.

• (2) The powers of an urban development corporation with respect to the disposal of land vested in or acquired by it under this Act shall be so exercised as to secure (so far as practicable) that persons who were living or carrying on business or other activities on land so acquired shall, if they desire to obtain accommodation on land belonging to the corporation and are willing to comply with any requirements of the corporation as to its development and use, have (subject to subsection (3) below) an opportunity to obtain on it accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them.

• (3) An urban development corporation shall not have any duty to afford to a person who was carrying on a business of selling alcohol ... by retail on land acquired by the corporation an opportunity of obtaining alternative accommodation for such a business.

• (4) Nothing in this Act enables an urban development corporation to dispose of land by way of gift, mortgage or charge or (in Scotland) by way of gift or in security.

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

• (6) In this section “alcohol” has the meaning given by section 191 of the Licensing Act 2003 and “alcoholic liquor" has the meaning assigned by section 139 of the Licensing (Scotland) Act 1976.

In this section, “alcohol” has the meaning given by section 2 of the Licensing (Scotland) Act 2005 (asp 16).

Planning blight

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

147

Planning functions

Planning control.

148

• (1) An urban development corporation may submit to the Secretary of State proposals for the development of land within the urban development area, and the Secretary of State, after consultation with the local planning authority within whose area (or in Scotland the planning authority within whose area) the land is situated and with any other local authority which appears to him to be concerned, may approve any such proposals either with or without modification.

• (2) Without prejudice to the generality of the powers conferred by section 59 of the 1990 Act or sections 30 and 31 of the 1997 Act, a special development order made by the Secretary of State under that section with respect to an urban development area may grant permission for any development of land in accordance with proposals approved under subsection (1) above, subject to such conditions, if any, (including conditions requiring details of any proposed development to be submitted to the local planning authority, or in Scotland the planning authority . . .within the meaning of section 172 of the Local Government (Scotland) Act 1973, as may be specified in the order.

• (3) The Secretary of State shall give to an urban development corporation such directions with respect to the disposal of land vested in or acquired by it under this Act and with respect to the development by it of such land, as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historic interest, and in particular of buildings included in any list compiled or approved or having effect as if compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historic interest) , under section 76 of the Historic Environment (Wales) Act 2023 (which makes similar provision for Wales), or under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (which makes similar provision for Scotland).

• (4) Except in relation to land in Wales, references in this section to the local planning authority are—

• (a) in relation to land outside Greater London, references to the district planning authority and also (in relation to proposals for any development which is a county matter, as defined in paragraph 1 of Schedule 1 to the 1990 Act) to the county planning authority; and

• (b) in relation to land in Greater London, references to the authority which is the local planning authority as ascertained in accordance with Part I of the 1990 Act.

Corporation as planning authority.

149

• (1) If the Secretary of State so provides by order, an urban development corporation shall be the local planning authority for the whole or any portion of its area ... for such purposes of Part III of the 1990 Act, and in relation to such kinds of development, as may be prescribed.

• (1A) If the Secretary of State so provides by order, an urban development corporation for an area in England shall be the local planning authority for the whole or any portion of its area for such purposes of Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 as may be prescribed.

• (2) An order under subsection (1) or (1A) may provide—

• (a) that any enactment relating to local planning authorities shall not apply to the corporation; and

• (b) that any such enactment which applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

• (2A) If the Secretary of State so provides by order, an urban development corporation, other than a locally-led urban development corporation, for an area in England shall be the minerals and waste planning authority for the whole or any portion of its area for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004.

• (3) If the Secretary of State so provides by order—

• (a) an urban development corporation specified in the order shall have, in the whole or any portion of its area and ..., the functions conferred by such of the provisions ... mentioned in Part I of Schedule 29 to this Act as are specified in the order;

• (b) such of the provisions ... specified in Part II of that Schedule as are mentioned in the order shall have effect, in relation to an urban development corporation specified in the order and to land in that corporation’s area, subject to the modifications there specified.

• (3A) A provision mentioned in paragraph 1, 3 or 5 of Part 1 of Schedule 29 may be specified under subsection (3)(a) only in relation to an urban development corporation for an area in England.

• (4) An order under subsection (3) above may provide—

• (a) that any enactment relating to local planning authorities shall apply to the urban development corporation specified in the order for the purposes of any of the provisions specified in Schedule 29 to this Act which relate to land in the urban development area by virtue of the order; and

• (b) that any such enactment which so applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

• (4A) If the Secretary of State so provides by order, an urban development corporation for an area in England shall have, in the whole or any portion of its area, the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In Scotland, if the Secretary of State so provides by order, an urban development corporation shall be the planning authority for the whole or any portion of its area . . . for such purposes of Part III of the 1997 Act), and in relation to such kinds of development, as may be prescribed.

• (7) An order under subsection (6) above may provide—

• (a) that any enactment relating to planning authorities shall not apply to the corporation; and

• (b) that any such enactment which applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

• (8) If the Secretary of State so provides by order—

• (a) an urban development corporation specified in the order shall have, in the whole or any portion of its area and . . ., the functions conferred by such of the provisions of the 1997 Act and the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 mentioned in Part I of Schedule 30 to this Act as are specified in the order;

• (b) such of the provisions of those Acts specified in Part II of that Schedule as are mentioned in the order shall have effect, in relation to an urban development corporation specified in the order and to land in that corporation’s area, subject to the modifications there specified.

• (9) An order under subsection (8) above may provide—

• (a) that any enactment relating to planning authorities shall apply to the urban development corporation specified in the order for the purposes of any of the provisions specified in Schedule 30 to this Act which relate to land in the urban development area by virtue of the order; and

• (b) that any such enactment which so applies to the corporation shall apply to it subject to such modifications as may be specified in the order.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) An order under this section shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

• (12) 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.

• (13) In this section “prescribed” means prescribed by an order under this section.

Arrangements for discharge of, or assistance with, planning functions in England

149A

• (1) Subsection (2) applies in relation to any function that an urban development corporation has by virtue of an order under section 149(1).

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

• (3) Where arrangements are in force under sub-paragraph (2) for the discharge of a function by a council—

• (a) the council may arrange for the discharge of the function by a committee, sub-committee or officer of the council, and

• (b) section 101(2) of the Local Government Act 1972 (delegation by committees and sub-committees) applies in relation to the function as it applies in relation to functions of the council.

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

• (5) Subsection (6) applies in relation to any function that an urban development corporation has by virtue of an order under section 149(1A) or (2A).

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

• (7) In this section, “council” means a county council, district council or London borough council or the Common Council.

150

• (1) The reference to the local planning authority in paragraph 17 of Schedule 16 to the Local Government Act 1972 (duty to include in a development order under section 24 of the 1971 Act provision enabling a local highway authority to impose restrictions on the grant by the local planning authority of planning permission for certain descriptions of development) shall not be construed as including a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 above, and no provision of a development order which is included in it by virtue of that paragraph is to be construed as applying to such a corporation.

• (2) The Secretary of State may include in a development order under section 24 of the 1971 Act provision enabling a local highway authority to impose restrictions on the grant by an urban development corporation who are the local planning authority of planning permission under the 1971 Act for such descriptions of development as may be specified in the order.

Building control etc.

Building control.

151

• (1) The Secretary of State may make an order under this section directing that, subject to the provisions of the order, building control functions in an urban development area or in any portion of such an area shall be exercisable by the urban development corporation.

• (2) An order under this section shall identify by reference to a map the area to which the order relates.

• (3) In this section “building control functions” means—

• (a) as regards England and Wales other than inner London boroughs, functions under or in connection with building regulations or any enactment (including a local Act) relating to such regulations;

• (b) as regards inner London boroughs, functions exercisable under the London building legislation or, as the case may be, under or in connection with building regulations and any enactment relating to such regulations;

• (c) as regards Scotland, the jurisdiction and functions conferred, in such a case, on local authorities by the Building (Scotland) Acts 1959 and 1970.

• (4) An order under this section may provide that the London building legislation shall not have effect in the area to which the order relates but that building regulations and any enactment relating to such regulations shall have effect instead.

• (5) An order under this section may provide for all or any of the following, namely—

• (a) that the corporation shall have only such of the building control functions as may be specified in the order;

• (b) that any building legislation under which the corporation is to exercise building control functions (or, in Scotland, that any of the jurisdiction and functions referred to in subsection (3)(c) above) shall apply, in relation to the corporation, as modified by the order,

and this section shall have effect accordingly.

• (6) An order under this section shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

• (7) The power to make an order under this section shall be exercisable by statutory instrument.

• (8) An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (9) In this section—

• “building legislation” means—

• (a) the London building legislation;

• (b) any other enactments under which the corporation is to exercise building control functions; and

• (c) building regulations;

• “the London building legislation” means—

• (a) The London Building Acts 1930 to 1978;

• (b) any byelaws made under those Acts;

• (c) subsections (2) and (3) of section 70 of the Health and Safety at Work etc. Act 1974 and any regulations made under the said subsection (3).

Fire precautions and home insulation.

152

• (1) The Secretary of State may make an order under this section directing that, subject to the provisions of the order, an urban development corporation shall have in its area (or in such part of its area as may be specified in the order)—

• (a) the functions under Part 3 of the Fire (Scotland) Act 2005 (asp 5) of an enforcing authority (as defined in section 61(9) of that Act);

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the functions of a local authority under any scheme made by virtue of section 521 of the Housing Act 1985 section 252 of the Housing (Scotland) Act 1987 (schemes for the making of grants towards the cost of works undertaken to improve the thermal insulation of dwellings).

• (2) On the order coming into force, the corporation shall have the functions conferred in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

• (3) The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

• (4) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

• (5) The power to make an order under this section shall be exercisable by statutory instrument.

• (6) No order under this section shall have effect until approved by a resolution of each House of Parliament.

Housing, etc.

Corporation as housing authority.

153

• (1) If the Secretary of State so provides by order, an urban development corporation shall have in its area (or in such part of its area as may be specified in the order)—

• (a) the functions conferred on a local authority by the Housing Act 1985 or the Housing Associations Act 1985or section 22 of the Housing Act 1996or by the Housing Associations Act 1985 and the Housing (Scotland) Act 1987; and

• (b) the functions conferred on the authority who are the relevant authority for the purposes of sections 39 to 41 of the Land Compensation Act 1973 or sections 36 to 38 of the Land Compensation (Scotland) Act 1973 (which relate to the rehousing of displaced residential occupiers);

or such of those functions as the order may specify.

• (2) On the order coming into force, the corporation shall have the functions concerned in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

• (3) The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with any other authority, in relation to that authority, as modified by the order.

• (4) The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order.

• (5) The power to make an order under this section shall be exercisable by statutory instrument.

• (6) No order under this section shall have effect until approved by a resolution of each House of Parliament.

Rent rebates.

154

• (1) If the Secretary of State so provides by order, such of the provisions of Part VII of the Social Security Contributions and Benefits Act 1991 and the Social Security Administration Act 1992 relating to rent rebates as may be specified in the order shall have effect in relation to an urban development corporation—

• (a) as if the corporation were a housing authority; and

• (b) with such other modifications (if any) as may be so specified.

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

Rent.

155

• (1) In section 14 of the Rent Act 1977 (tenancy not protected when landlord’s interest belongs to certain bodies), there shall be inserted after paragraph (f)

or (g) an urban development corporation within the meaning of Part XVI of the Local Government, Planning and Land Act 1980;

• (2)

Other provisions relating to corporation as landlords.

156

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Private streets

Adoption of private streets.

157

• (1) Where any street works have been executed on any land in an urban development area which was then or has since become a private street (or part of a private street), the urban development corporation may serve a notice (an “adoption notice”) on the street works authority requiring the authority to declare the street (or part) to be a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.

• (2) Within the period of two months beginning with the date on which the adoption notice was served, the street works authority may appeal against the notice to the Secretary of State.

• (3) After considering any representations made to him by the corporation and the street works authority, the Secretary of State shall determine an appeal under subsection (2) above by setting aside or confirming the adoption notice (with or without modifications).

• (4) Where, under subsection (3) above, the Secretary of State confirms the adoption notice—

• (a) he may at the same time impose conditions (including financial conditions) upon the corporation with which it must comply in order for the notice to take effect; and

• (b) with effect from such date as the Secretary of State may specify, the street (or part) shall become a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.

• (5) Where a street works authority neither complies with the adoption notice, nor appeals under subsection (2) above, the street (or part) shall become, upon the expiry of the period of two months referred to in subsection (2) above, a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.

• (6) In this section—

• “highway” has the same meaning as in the Highways Act 1980;

• “private street”, “street works” and “street works authority” have the same meanings as in Part XI of that Act.

• (7) This section does not extend to Scotland.

Connection of private streets to highway.

157A

• (1) An urban development corporation may serve a notice (a “connection notice”) on the local highway authority requiring the authority to connect a private street in the urban development area to an existing highway (whether or not it is a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense).

• (2) A connection notice must specify—

• (a) the private street and the existing highway;

• (b) the works which appear to the corporation to be necessary to make the connection; and

• (c) the period within which those works should be carried out.

• (3) Before serving a connection notice an urban development corporation shall consult the local highway authority about the proposed contents of the notice.

• (4) Within the period of two months beginning with the date on which the connection notice was served, the local highway authority may appeal against the notice to the Secretary of State.

• (5) After considering any representations made to him by the corporation and the local highway authority, the Secretary of State shall determine an appeal under subsection (4) above by setting aside or confirming the connection notice (with or without modifications).

• (6) A connection notice becomes effective—

• (a) where no appeal is made within the period of two months referred to in subsection (4) above, upon the expiry of that period;

• (b) where an appeal is made within that period but is withdrawn before it has been determined by the Secretary of State, on the date following the expiry of the period of 21 days beginning with the date on which the Secretary of State is notified of the withdrawal;

• (c) where an appeal is made and the connection notice is confirmed by a determination under subsection (5) above, on such date as the Secretary of State may specify in the determination.

• (7) Where a connection notice becomes effective, the local highway authority shall carry out the works specified in the notice within such period as may be so specified and may recover from the corporation the expenses reasonably incurred by them in doing so.

• (8) If the local highway authority do not carry out the works specified in the notice within such period as may be so specified, the corporation may themselves carry out or complete those works or arrange for another person to do so.

• (9) In this section—

• “highway” and “local highway authority” have the same meanings as in the Highways Act 1980;

• “private street” has the same meaning as in Part XI of that Act.

• (10) This section does not extend to Scotland.

Traffic regulation orders for private streets.

157B

• (1) Where—

• (a) an urban development corporation submits to the Secretary of State that an order under this section should be made in relation to any road in the urban development area which is a private street; and

• (b) it appears to the Secretary of State that the traffic authority do not intend to make an order under section 1 or, as the case may be, section 6 of the Road Traffic Regulation Act 1984 (orders concerning traffic regulation) in relation to the road,

the Secretary of State may by order under this section make in relation to the road any such provision as he might have made by order under that section if he had been the traffic authority.

• (2) The Road Traffic Regulation Act 1984 applies to an order under this section as it applies to an order made by the Secretary of State under section 1 or, as the case may be, section 6 of that Act in relation to a road for which he is the traffic authority.

• (3) In this section—

• “private street” has the same meaning as in Part XI of the Highways Act 1980;

• “road” and “traffic authority” have the same meanings as in the Road Traffic Regulation Act 1984.

• (4) This section does not extend to Scotland.

Sewerage etc.

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

158

Public health etc.

159

• (1) The Secretary of State may by order provide that an urban development corporation shall have in its area (or in such part of its area as may be specified in the order) the functions conferred on a local authority—

• (a) by sections 83 and 84 of the Public Health Act 1936 and sections 35 to 37 of the Public Health Act 1961 (all of which relate to filthy or verminous premises or articles) or in relation to Scotland by Part 5 of the Public Health etc. (Scotland) Act 2008;

• (b) by any enactment contained in Part III (nuisances and offensive trades) or IX (common lodging houses) of the Public Health Act 1936 or in relation to Scotland by Part5 of the Public Health etc. (Scotland) Act 2008 (public health functions of local authorities);

• (c) by so much of Part XII of the Public Health Act 1936 as relates to any of the enactments mentioned in paragraphs (a) and (b) above; and

• (d) by Part I of the Prevention of Damage by Pests Act 1949 (rats and mice) , ...

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) On the order coming into force, the corporation shall have the functions conferred in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

• (3) The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

• (4) The order shall have effect, subject to such savings and transitional and supplementary provisions as may be specified in the order.

• (5) The power to make an order under this section shall be exercisable by statutory instrument.

• (6) No order under this section shall have effect until approved by a resolution of each House of Parliament.

Loans for building

Loans for building.

160

• (1) For the purpose of enabling any person to whom an urban development corporation has sold or let any land to erect a building on the land, the corporation may, subject to this section, lend money to that person.

• (2) A loan made under this section, together with interest on the loan, shall be secured by a mortgage of the land (or in Scotland a standard security over the land) in respect of which the loan is made.

• (3) The amount of the principal of a loan made under this section shall not exceed whichever of the following is less:—

• (a) three quarters of the value of the mortgaged security (or in Scotland the security subjects) at the time the loan is made.

• (b) one half of the value which it is estimated the mortgaged security (or in Scotland the security subjects) will bear when the building for the erection of which the loan is made has been erected.

• (4) A loan made under this section shall carry interest at such rate as may be specified by the Treasury.

• (5) The mortgage deed (or in Scotland standard security) securing a loan made under this section shall provide—

• (a) for repayment being made, subject to paragraphs (c) and (d) below, within such period, not exceeding 30 years, as may be specified in the deed (or standard security);

• (b) for repayment being made, subject to paragraphs (c) and (d) below, either by instalments of principal or by an annuity of principal and interest combined;