Local Government, Planning and Land Act 1980

Part XIX — Miscellaneous and Supplementary

Honorary Freemen

Honorary freemen.

180

In section 249(5) of the Local Government Act 1972 after “royal borough" where it first occurs insert “ or any parish or community having by grant under the royal prerogative the status of city and any parish or community entitled by such grant to be called and styled a royal town ”, and after ther further references to “royal borough" in that subsection and in section 249(6) insert “ or parish or community as aforesaid. ”.

Land Drainage

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181

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182

Social Services

Relaxation of Ministerial controls over social services.

183

• (1) The following section shall be substituted for section 3 of the Local Authority Social Services Act 1970 (under which no matter, other than a matter which by virtue of section 2 of the that Act stands referred to a local authority’s social services committee may be referred to or dealt with by the committee except with the consent of the Secretary of State):—

(3) (1) A local Authority may delegate to their social services committee any of the functions matters relating to which stand referred to the committee by virtue of section 2 of this Act (hereafter in this Act referred to as “social services functions") and, before exercising any of those functions themselves, the authority shall (unless the matter is urgent) consider a report of the committee with respect to the matter in question. (2) Nothing in section 2 of this Act prevents a local authority from referring to a committee a matter which by virtue of that section stands referred to the social services committee and which in the authority’s opinion ought to be referred to the other committee of the ground that it relates to a general service of the authority; but before referring any such matter the authority shall receive and consider a report of the social services committee with respect to the subject matter of the proposed reference.

• (2) The following section shall be inserted after that section:—

(3A) A local authority may refer to their social services committee any matter which in their view may appropriately be referred to that committee, but which would not otherwise stand referred to that committee by virtue of this Act, and may delegate to that committee any of their functions relating to a matter so referred.

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

Commissioners for Local Administration

Disclosure of information to Commissioners for Local Administration.

184

• (1) In subsection (3) of section 32 of the Local Government Act 1974 (which empowers a Minister of the Crown or an authority subject to investigation to give notice to a Local Commissioner that in the opinion of the Minister or authority disclosure of certain documents or information would be contrary to the public interest and which prevents any person from communicating any such document or information to any other person, or for any purpose) for the words “any person" there shall be substituted the words “ the Local Commissioner or any member of the staff of a Commission who is allocated to assist him ”.

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

Pleasure Boats

Pleasure boats bye laws.

185

• (1) Subject to the provisions of this section, any of the following authorities, namely

• (i) a district council;

• (ii) a London borough council;

• (iii) the Common Council of the City of London,

• (iv) the council of a Welsh county or county borough,

may make byelaws—

• (a) for regulating the numbering and maning of pleasure boats and vessels which are let for hire to the public and the mooring places for such boats and vessels; and

• (b) for fixing the qualifications of the boatmen or other persons in charge of such boats or vessels; and

• (c) for securing their good and orderly conduct while in charge.

• (2) No authority mentioned in subsection (1) above shall have power to make byelaws under that subsection in relation to pleasure boats or vessels operating—

• (a) on any water owned by Canal & River Trust;

• (b) on any inland waters (within the meaning of the Water Resources Act 1991) in respect of which the Environment Agency or the Natural Resources Body for Wales may make byelaws by virtue of paragraph 1 of Schedule 25 to that Act;

• (c) subject to subsection (3) below, on any canal or other inland navigation which a navigation authority, as defined in section 135(1) of the Water Resources Act 1963, are required or empowered to manage or maintain under any enactment; or

• (d) on any harbour maintained or managed by a harbour authority, as defined in section 57(1) of the Harbours Act 1964.

• (3) Subsection (2)(c) above does not preclude a local authority making byelaws under subsection (1) above in relation to pleasure oats or vessela operating on any canal or inland navigation which they themselves are required or empowered to manage or maintain.

Amendment of s. 94 of the Public Health Acts (Amendment) Act 1907.

186

The following subsections shall be added at the end of section 94 of the Public Health Acts (Amendment) Act 1907—

(8) No licence under this section shall be required in respect of pleasure boats and pleasure vessels on any canal owned or managed by the British Waterways Board. (9) In subsections (1) and (3) of this section “let for hire” means let for hire to the public.

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187

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188

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190

Amendments of Inner Urban Areas Act 1978.

191

• (1) The following subsection shall be substituted for subsection (3) of section 6 of the Inner Urban Areas Act 1978 (which limits the amount of a grant under that section for converting or improving a building to 50 per cent. of the cost of carrying out the works or a fixed amount for each job which, in the opinion of the authority making the grant, is likely to be created or preserved as a result of the carrying out of the works, whichever is the less):—

(3) The amount of a grant under this section shall not exceed 50 per cent. of the cost of carrying out the works.

• (2) The following sub-paragraph shall be substituted for paragraph 2(1) of the Schedule to that Act (Secretary of State’s notification that all or part of an improvement area is no longer to be such an area):—

(2) (1) If the area declared to be an improvement area by a resolution under paragraph 1(1) above is wholly or partly included in an area of land designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the Secretary of State, if it appears appropriate to him— (a) may at any time before the resolution takes effect send to the authority a notification that the land included in the urban development area is not to be or to be included in the improvement area by virtue of the resolution; and (b) may at any time after the resolution takes effect, send them a notification that the land included in the urban development area is no longer to be or to be included in the improvement area by virtue of it.

Supplementary

Finance-general.

192

There shall be paid out of money provided by Parliament any increase in money so payable under any other Act which is attributable to the provisions of this Act.

Minor and consequential amendments.

193

The enactments specified in Schedule 33 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

Repeals.

194

The enactments specified in Schedule 34 to this Act (which include enactments which are obsolete or unnecessary before the passing of this Act) are repealed to the extent specified in the third column of that Schedule.

Scotland.

195

• (1) Parts IV, V, IX, XII, XIV, XV and XVII of this Act apply to Scotland to the extent specified in sections 27, 47, 92, 111, 125, 133 and 178 respectively.

• (2) Parts VI, VIII and X of this Act do not apply to Scotland.

• (3) In this Part of this Act sections 180, 181, 183, 185, 186 and 190 do not extend to Scotland.

Northern Ireland.

196

The following provisions of this Act extend to Northern Ireland, that is to say—

Citation.

197

This Act may be cited as the Local Government, Planning and Land Act 1980.

SCHEDULE 1 — Provisions to which section 1(1) refers

Prevention of damage by Pests Act 1949 (c. 55)

1

Section 2 (power to direct keeping of records etc.)

2

Section 12 (directions)

Rag Flock and other Filling Materials Act 1951 (c. 63)

3

Section 6 (appeals).

4

Section 7 (appeals)

5

Section 15 (regulations about fees for tests).

Food and Drugs Act 1955 (4 & 5 Eliz. 2) (c. 16)

6

Section 99 (requirement to transmit copy of public analyst’s report to Minister).

7

Section 109 (institution of proceedings).

Agriculture Act 1970 (c. 40)

8

Section 67 (reports).

9

Section 80 (institution of prosecutions).

Local Government Act 1972 (c. 70)

10

Section 138 (emergencies and disasters).

Slaughterhouses Act 1974 (c. 3)

11

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12

Section 12(1) (requirement to make byelaws).

13

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SCHEDULE 2 — Relaxation of Controls Over Functions Relating to Clean Air and Pollution

Clean Air Act 1956 (c. 52)

1

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2

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3

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4

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5

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Clean Air Act 1968 (c. 62)

6

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Control of Pollution Act 1974 (c. 40)

7

In section 2—

• (a) in subsection (2) (waste disposal plans; power to modify required contents by regulations) omit the words from “but provision may be made by regulations" to the end;

• (b) in subsection (3)(a) (duty to consult) in paragraph (vi) omit “and such other persons as are prescribed";

• (c) omit subsection (7) (power of Secretary of State to give authority direction as to the time by which it is to perform duty).

8

In section 5—

• (a) in subsection (1) (application for disposal licence to be made in writing and include prescribed information) omit “and include such information as is prescribed";

• (b) in subsection (2) (disposal licences and planning) omit the words from “but provision may be made by regulations" to the end;

• (c) in subsection (4)(a) (disposal authority to refer proposal to certain persons) omit “and to any other prescribed person"; and

• (d) in subsection (5)(a) (which make similar provision in relation to Scotland) omit

and (iii) any other prescribed person;

9

• (1) The following provisions (which relate to procedural matters connected with waste disposal) shall cease to have effect, namely—

• (a) in section 6(1), the words “as to the conditions which are or are not to be specified in a disposal licence, and"; and

• (b) in section 11(3)(c) and (4)(a) the words “and to any other prescribed person".

• (2) in section 6(4)(a), for “prescribed particulars" substitute “ copies ”.

• (3) In section 11(10) for “particulars" substitute “ copies ”.

10

• (1) The following subsections shall be substituted for subsection (1) of section 13 (dustbins etc.):—

(1) Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice. (1A) A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

• (2) In subsection (3) of that section—

• (a) for the words “the kind or number of the receptacles required by" there shall be substituted the words “ any requirement specified in ”; and

• (b) in paragraph (c), for the words “the kind or number of receptacles" there shall be substituted the words “ any requirement ”.

• (3) The following subsections shall be substituted for subsection (5):—

(5) If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice. (5A) A person who fails to comply with any requirement specified in the notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £100.

• (4) In subsection (6), for the words “the kind or number of receptacles" there shall be substituted the words “ any requirement ”.

• (5) The following subsections shall be substituted for subsection (7):—

(7) A notice under subsection (1) or (5) of this section may make provision with respect to— (a) the size, construction and maintenance of receptacles for controlled waste; (b) the placing of receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose; (c) the placing of receptacles for that purpose of highways; (d) the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and (e) the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises. (7A) A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on highways unless— (a) the relevant highway authority have given their consent to their being so placed; and (b) arrangements have been made as to the liability for any damage arising out of their being so placed.

11

• (1) In section 23 (prohibition of parking to facilitate street cleaing) for subsection (2), substitute—

(2) Such a notice must specify the relevant area, the relevant day and the hours in question; and a copy of the notice must— (a) be served on the occupier of any premises adjoining the relevant area; and (b) be conspicuously displayed at places in the relevant area. (2A) The effect of the giving of such a notice and of the service and display of copies of it as required by subsection (2) of this section shall be to suspend during the hours of the relevant day specified in the notice the operation of any provision which is contained in an order under the Road Traffic Regulation Act 1967 or a local enactment and which authorises, designates or regulates the use of a street parking place in the relevant area. (2B) The authority giving the notice shall cover up traffic signs and parking meters in the relevant area during the hours if the relevant day specified in the notice, but without prejudice to the effect of the notice.

• (2) Omit section 22(3).

• (3) For subsection (5) substitute:—

(5) If, either before or during the hours on the relevant day which are specified in a notice given by an authority as mentioned in subsection (1) of this section, the authority displays notices in the relevant area stating that the prohibition on parking is not to come into force or is to cease to be in force, the effect of the notices under this subsection shall be to prevent the prohibition coming into force or, as the case may be, to terminate it.

• (4) After subsection (6) insert:—

(6A) No authority shall issue a notice under this section whose effect would be to suspend the operation of provisions of an order not made by the highway authority without first consulting the authority who made the order.

• (5) After subsection (8) insert:—

(9) In this section “parking meter", “street parking place" and “traffic sign" have the same meanings respectively assigned to them by sections 36(2)(a), 104(1) and 54 of the Road Traffic Regulation Act 1967.

12

In section 27(1)(b) (interference with receptacles for waste) for “regulations made by virtue of section 13(7)" substitute “ a notice under section 13(1) or (5) ”.

13

In section 28(1), (supplementary provisions relating to pipes), omit “in the prescribed form".

14

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15

Omit section 73(2)(a) (determination by Secretary of State of questions as to local authority area).

16

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17

In section 90(2)(b) (interest on sums payable to water or other authorities) for the words from “the rate", in the first place where they occur to the end substitute “ such reasonable rate or rates as the authority may determine ”.

18

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SCHEDULE 3 — Relaxion of Controls Over Functions Relating to Amenity Etc.

Commons Act 1876 (c. 56)

1

Omit section 8 (surburban commons procedure).

Commons Act 1899 (c. 30)

2

• (1) In section 2 (procedure for making schemes)—

• (a) in subsection (1), omit the second sentence;

• (b) in subsection (2), for “Board of Agriculture" substitute “ council ”;

• (c) in subsection (3), for “Board of Agriculture" and “Board" substitute “ council ”;

• (d) in subsection (4), for “Board of Agriculture" and for “Board", in both places where it occurs, substitute “ Council ”.

• (2) Accordingly, for section 11 substitute—

(11) All expenses of incidental to the preparation and execution of a scheme under this Part of this Act shall be paid by the district council.

3

In section 12 (contributions towards expenses) omit the words “and subject to the approval of the Local Government Board".

National Parks and Access to the Countryside Act 1949 (c. 97)

4

Omit section 37 (power of Minister to expedite maps etc.).

5

In section 61(3), omit paragraph (b) of the proviso (directions as to application of enactments).

6

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7

For section 69 substitute—

(69) If, upon application made the the county planning authority by any person interested in land comprised in an access agreement or order, or by any other person appearing the that authority to have a sufficient interest in the matter, the authority are satisfied that, by reason of any exceptional conditions of weather for the time being prevailing, access by the public to the land or any part of it is likely to result in fires occurring on it, the authority may direct that subsection (1) of section 60 of this Act shall not have effect in relation to the land during such period as may be specified in the direction.

8

Omit section 79 (access to woodlands).

9

In section 80(3), (variation of access agreements) omit “made with the approval of the Minister".

Caravan Sites and Control of Development Act 1960 (c. 62)

10

• (1) In section 3(2) (issue of site licences by local authorities) for the words from “particulars" to the end substitute “ other information as they may reasonably require. ”.

• (2) In subsections (4) and (5), for “particulars prescribed under" substitute “ information required by virtue of ”.

London Government Act 1963 (c. 33)

11

For section 58(1) (parks and open spaces) substitute—

(1) The Open Spaces Act 1906, except section 14 shall have effect as if the London borough councils and the Greater London Council were included among the local authorities to whom it applies.

Countryside Act 1968 (c. 41)

12

Omit section 17 (access orders: agricultural land).

Caravan Sites Act 1968 (c. 52)

13

For section 9 substitute—

(9) The Secretary of State may, if at any time it appears to him to be necessary so to do, give directions to any local authority to which subsection (1) of section 6 of this Act applies requiring them to provide, pursuant to that section, such sites or additional sites, for the accommodation of such numbers of caravans, as may be specified in the directions ; and any such directions shall be enforceable, on the application of the Secretary of State, by mandamus.

Refuse Disposal (Amenity) Act 1978 (c. 3)

14

In section 3(2) (which empowers a local authority to give notice in the prescribed manner that they propose to remove an abandoned motor vehicle but provides that they shall not be entitled to remove it if the person to whom the notice is given objects to their proposal in the prescribed manner and within the prescribed perriod) omit “in the prescribed manner" and “in the prescribed manner and".

15

Omit section 4(4) (under which the Secretary of State may by regulations require a local authority by whom a vehicle is disposed of to give such information relating to the disposal as may be prescribed to such person as may be prescribed).

16

In section 6(2) (under which a local authority are not entitled to exercise their power too remove refuse other than motor vehicles which is situated on land appearing to the authority to be occupied by any person unless they have given him notice in the prescribed manner that they propose to remove it and he has failed to object to the proposal in the prescribed manner and within the prescribed period) omit “in the prescribed manner" and “in the prescribed manner and".

SCHEDULE 4 — Relaxation of Controls Over Functions Relating to Weights and Measures and Trade

Shops Act 1950 (c. 28)

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Weights and Measures Act 1963 (c. 31)

2

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Trade Descriptions Act 1968 (c. 29)

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Consumer Credit Act 1974 (c. 39)

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Estate Agents Act 1979 (c. 38)

10

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Weights and Measures Act 1979 (c. 45)

11

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SCHEDULE 5 — Allotments

Small Holdings and Allotments Act 1908 (c. 36)

1

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2

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Land Settlement (Facilities) Act 1919 (c. 59)

3

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Allotments Act 1922 (c. 51)

4

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Allotments Act 1925 (c. 61)

5

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SCHEDULE 6 — Relaxation of Controls Over Charges and Rates of Interest Etc.

Town Police Clauses Act 1847 (c. 89)

1

In section 46 of the Town Police Clauses Act 1847 (drivers of hackney carriages not to act without first obtaining a licence) for the words from “and a fee" to “paid" there shall be substituted the words “ and such fees as the commissioners may determine shall be paid ”.

2

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Public Health Act 1936 (c. 49)

4

In section 291(3) (rates of interest on charges for works)—

• (a) after the word “such" there shall be inserted the word “ reasonable ”; and

• (b) the proviso shall cease to have effect.

Coast Protection Act 1949 (c. 74)

5

In section 10(2) of the Coast Protection Act 1949 (regulations as to rates of interest) for the words from “rate" to the end there shall be substituted the words “ reasonable rate as may be determined by the authority ”.

Rag Flock and Other Filling Materials Act 1951 (c. 63)

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7

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Public Libraries and Museums Act 1964 (c. 75)

10

In section 8(2) of the Public Libraries and Museums Act 1964 (charges for services) the words “noot exceeding such amount as may be specified in that behalf by the Secretary of State" shall cease to have effect.

Theatres Act 1968 (c. 54)

11

In paragraph 3 of Schedule 1 to the Theatres Act 1968 (fees for licences) for the words “fee as may be prescribed by the Secretary of State by order made by statutory instrument" there shall be substituted the words “ reasonable fee as the authority may determine ”.

Mines and Quarries (Tips) Act 1969 (c. 10)

12

In section 23(5) of the Mines and Quarries (Tips) Act 1969 (expenses) for the words “rate as may be specified by order made by the Minister" there shall be substituted the words “ reaonable rate as the authority may determine ”.

Poisons Act 1972 (c. 66)

13

• (2) In section 6(2) of that Act for the words “fees as may be prescribed" there shall be substituted the words “ reasonable fees as the authority may determine ”.

Greater London Council (General Powers) Act 1972 (c. xl)

14

In section 19(6)(a) of the Greater London Council (General Powers) Act 1972 (by virtue of which a London borough council may recover expenses in respect of the restoration of gas and electricity services, together with interest) after the word “thereon" there will be inserted the words “ at such reasonable rate as the borough council may determine ”.

Breeding of Dogs Act 1973 (c. 60)

15

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Local Government (Scotland) Act 1973 (c. 65)

16

In section 121(1) omit the words “section 10(2) of the Coast Protection Act 1949" and “section 23(5) of the Mines and Quarries (Tips) Act 1969".

17

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Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

21

In the following provisions of the Local Government (Miscellaneous Provisions) Act 1976, namely—

• (a) section 24(6) (expenses in relation to dangerous trees); and

• (b) section 33(3) (expenses in relation to the restoration or continuation of a supply of water, gas or electricity),

for the words “the rate fixed by section 171(2) of the Local Government Act 1972", in both places where they occur, there shall be substituted the words “ such reasonable rate as the council may determine ”.

SCHEDULE 7

Part I — Highways

Relaxation of Ministerial controls over the provision of ferries

1

• (1) So much of section 53 of the National Parks and Access to the Countryside Act 1949 (ferries for purposes of long-distance routes)—

• (a) as makes the exercise of a highway authority’s powers subject to the approval of any Minister; or

• (b) as confers upon any Minster any power to give a local highway authority directions,

shall cease to have effect.

• (2)

Relaxation of Ministerial controls in respect of footpaths and bridleways

2

• (1)

• (2) In section 30 of that Act (which relates to the making up of new footpaths and bridleways)—

• (a) subsections (2) and (3) (which relate to the settlement by the Secretary of State of disputes as to works for that purpose) shall cease to have effect; and

• (b) in subsection (4) (which relates to the carrying out of such works and the recovery of expenses incurred in carrying them out), for the words from the beginning to “thereof", in the first place where it occurs, there shall be substituted the words “ It shall be the duty of the highway authority to carry out any works specified in a certificate under subsection (1) of this section ”.

• (3)

• (5) In section 126 of that Act (authorisation of erection of stiles etc. in footpath or bridleway) subsection (2) which gives the Secretary of State power to determine certain disputes about such authorisation) shall cease to have effect.

• (6) In section 29(4) of the Countryside Act 1968 (by virtue of which a highway authority are required to consult the Minster of Agriculture, Fisheries and Food before refusing to make an order under that section relating to the making giid of the surface of a footpath or bridleway after it has been ploughed up) the words “and the highway authority shall before refusing to make an order under subsection (2) of this section consult the Minister of Agriculture, Fisheries and Food" shall cease to have effect.

Abolition of Ministerial powers in respect of certain expenses

3

• (1)

• (2) The proviso to section 211(3) of that Act (by virtue of which an order may fic the maximum amount to be charged under a charging order in respect of expenditure on street works) shall cease to have effect.

• (3)

Abolition of Ministerial powers in relation to toll highways

4

In section 233 of the Highways Act 1959 (transfer of toll highways to highway authorities)—

• (a) in subsection (2) (by virtue of which a right to charge highway tolls which is transferred to a county council continues to be exercisable for such number of years only as may be allowed, where the county is in England, by the Minister of Transport, and where it is in Wales, by the Secretary of State) the words from “but" to the end shall cease to have effect; and

• (b) in subsection (5) (by virtue of which agreements in relation to toll highways may only be made between two or more county councils with the approval, where their counties are in England, of the Minister of Transport, and where they are in Wales, of the Secretary of State) the words “subject to the approval of the Minister" shall cease to have effect.

5

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Abolition of certain procedures for settlement of disputes by Minister

6

• (1) This paragraph shall have effect for the purpose of abolishing certain powers of the Seecretary of State or the Minister of Transport to determine disputes.

• (2) The following subsection shall be substituted for section 5(3) of the Local Government (Miscellaneous Provisions) Act 1953 (provision of omnibus shelters etc. by local authorities) :—

(3) Where the consent of the Secretary of State or the Minister of Transport is required under this section, disputes between the Minister whose consent is required and the local authority as to whether the consent of that Minister is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any shelter or other accommodation in accordance with any condition of the consent is reasonable required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers.

• (3) In section 108(10) of the Highways Act 1959 (which provides that any consent of an authority which is required for the diversion of a highway shall not be unreasonably withheld) the words “and any question arising under this subsection whether the eithholding of a consent is unreasonable shall be determined by the Minister" shall cease to have effect.

• (4) Section 246(2) of that Act (disputes as to nature of sums paid or recovered under Act) shall cease to have effect.

• (5)

• (6) Section 29(3) of the Local Government Act 1966 (which gives a lighting authority a right to appeal in case of dispute as to the exercise of their powers for purposes of the lighting of a highway for which they are not the highway authority) shall cease to have effect.

Abolition of certain Ministerial controls relating to structures on and near highway

7

The following provisions, namely—

• (a) in the Highways Act 1959—

• (i) the proviso to section 73(1) (requirement to notify of proposed building lines for classified roads); and

• (ii) sections 95 and 96 (regulations about cattlegrids);

and

• (b) section 120 of the Transport Act 1968 (orders prescribing minimum heights for parapets of bridges carrying roads over railways);

shall cease to have effect.

Miscellaneous amendments of Highway Acts and associated legislation

8

• (1) Section 280(2), (3) and (4) of the Highways Act 1959 (which give powers ti prescribe the form of various notices, orders, advertisements, certificates and other documents and provise that if forms are prescribed in exercise of those powers, those forms or forms to the like effect shall be used in all cases to which those forms are applicable) shallcease to have effect.

• (2) The following enactments, namely—

• (a) section 288 of the Highways Act 1959;

• (b) section 16(4) of the Highways (Miscellaneous Provisions) Act 1961; and

• (c) Section 85 of the Highways Act 1971,

each of which gives a power to repeal or amend local Acts) shall cease to have effect.

• (3) The repeal of the enactments specified in sub-paragraph (2) above shall not affect any application made under any of them before the passing of this Act; and any power conferred by any of them may accordingly be exercised after the passing of this Act in pursuance of any applciation.

• (4) Any order made under an enactment specified in sub-paragraph (2) above shall continue to have effect notwithstanding the repeal of that enactment.

9

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

Traffic on bridges etc.

14

• (1) The following enactments (which relate to the control of traffic on brisges and, amongst other things, give certak=in powers in relation to its control) shall cease to have effect—

• (a) section 6 of the Locomotive Act 1861;

• (b) section 7 of the Locomotives Act 1898;

• (c) section 11 of the Ministry of Transport Act 1919;

• (d) section 17 of the Road Traffic Regulation Act 1967.

• (2) Nothing in sub-paragraph (1) abvoe shall effect—

• (a) any requirement to obtain consent under section 6 of the Locomotive Act 1861 which subsists at the passing of this Act by virtue of the placing of a notice on any bridge, or an yliability for failure to obtain consent under that section; or

• (b) any appeal to the Minister of Transport or, as the case may be, to the Secretary of State, under section 7 of the Locomotives Act 1898 or section 11 of the Ministry of Transport Act 1919 which is pending on the passing of this Act.

• (3) From the passing of this Act any notice placed on a bridge by authority of a person such as is mentioned in section 6 of the Locomotive Act 1861 shall be deemed to have been placed there—

• (a) if the bridge is outside Greater London, in pursuance of an order under section 1 of the Road Traffic Regulation Act 1984, and

• (b) if it is in Greater London, in pursuance of an order under section 6 of that Act.

• (4) Nothing in this paragraph affects a bridge which does not carry a road (within the meaning of section 142 of the Road Traffic Regulation Act 1984

Miscellaneous

15

• (1) Section 1(9) of the Road Traffic Regulation Act 1967 (power of appropriate Minister to repeal local Acts extending the powers of section 26 of the Road Traffic Act 1960) shall cease to have effect.

• (2) Any order made under section 1(9) of the Road Traffic Regulation Act 1967 shall continue to have effect notwithstanding the repeal of that subsection.

SCHEDULE 8 — Enactments Mentioned in Section 53(11)(c)

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

SCHEDULE 9 — Domestic Rate Relief Grant

Reduction of rates by reference to domestic rate relief grant

1

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

Distribution of domestic rate relief grant

2

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

Apportionment of rate reductions in the City of London by reference to the domestic rate relief grant

3

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

SCHEDULE 10 — Adjustment of Block Grant in Connection with Education etc.

Part I — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Other Adjustments Between Authorities

Introduction

4

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

Expenditure other than on advanced further education

5

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

Expenditure on advanced further education

6

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

Part III — General

Information

7

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

Consultation

8

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

Regulations

9

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

Interpretation

10

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

SCHEDULE 11 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13

1

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

9

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

10

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

SCHEDULE 14 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 15

1

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

2

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

16

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

17

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

21

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

22

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

23

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

24

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

25

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

SCHEDULE 16 — Bodies to whom Part X Applies

1A

A county borough council.

1B

A corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

1

A county council.

2

A district council.

3

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

4

A London borough council.

5

The Common Council of the City of London.

5A

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

5B

A joint authority established by Part IV of the Local Government Act 1985.

5BZA

An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.

5BZB

A combined authority established under section 103 of that Act.

5BZBA

A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

5BZC

The Greater London Authority.

5BA

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

5BB

The London Fire and Emergency Planning Authority.

5BC

Transport for London.

5BD

A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.

5C

A police and crime commissioner.

5CC

The Mayor's Office for Policing and Crime.

5CD

The British Transport Police.

5D

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

6

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

7

A development corporation established under the New Towns Act 1981

8

An urban development corporation established under this Act.

8A

A housing action trust established under Part III of the Housing Act 1988.

9

The Regulator of Social Housing.

9a

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

10

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

11

The Civil Aviation Authority.

12

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

13

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

14

The Coal Authority

15

The British Broadcasting Corporation.

16

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

17

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

17A

The National Rivers Authority

18

Statutory undertakers other than Canal & River Trust.

SCHEDULE 17 — Community Land Act

Part I — Preliminary

1

• (1) In this Schedule “the 1975 Act” means the Community Land Act 1975.

• (2) In this Schedule references to sections, Schedules and Parts are to those of the 1975 Act (unless the contrary is indicated).

• (3) In this Schedule “the 1971 Act” means the Town and Country Planning Act 1971 and “the Scottish Act of 1972” means the Town and Country Planning (Scotland) Act 1972.

Part II — Repeals

2

Subject to the following provisions of this Schedule, the 1975 Act shall be repealed on the passing of this Act.

3

• (1) The following provisions of the 1975 Act shall be repealed on the appointed day:—

• section 1 (authorities),

• section 2 (joint boards),

• in section 6, in subsection (1) the definitions of enactment, local authority and new town authority, and subsection (6),

• section 7 and Schedule 2 (appointed days etc.),

• section 26 (compensation payable in transaction between certain authorities),

• section 40 (grants to authorities who buy or rent Crown land),

• section 43 (accounts and records),

• section 44 (community land surplus accounts), except (in subsection (3) the words from “or (b)" to the end,

• section 51 (power to obtain information),

• section 52 (service of documents),

• section 53 (orders),

• section 54 (directions and consents),

• section 55 (local inquiries),

• section 56 (offences by corporations),

• section 57 (finance),

• section 58 (extent etc.).

• (2) In sub-paragraph (1) above “the appointed day” means, in relation to any provision of the 1975 Act, the day appointed for its repeal by an order of the Secretary of State made by statutory instrument.

• (3) Different days may be so appointed in relation to different provisions of the 1975 Act or for different purposes in relation to any such provision.

Part III — Provisions Re-Enacted Etc.

4

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

5

Each provision of the 1975 Act mentioned in column 1 below is re-enacted (in certain cases with modifications) in the corresponding provision of this Act mentioned in column 2—

Part IV — Savings and Supplementary

General

6

This Part of this Schedule contains savings and supplementary provisions in respect of certain provisions of the 1975 Act repealed by this Act.

Offences

7

No repeal by section 101 above and this Schedule affects liability for any offence committed before the repeal takes effect.

Suspension of planing permission

8

• (1) Sub-paragraphs (2) to (5) below shall have effect in consequence of the repeal by this Act of section 22.

• (2) Where planning permission has been suspended under section 19 or 20—

• (a) no enforcement notice under Part V of the 1971 Act or under Part V of the Scottish Act of 1972 may be served after the passing of this Act if it could not have been served before then apart from section 22(1);

• (b) if such a notice has been served before the passing of this Act and it could not have been served apart from section 22(1), the notice shall be disregarded (subject to paragraph 7 above, which has the effect of saving liability for an offence committed before the repeal of section 22(1).

• (3) Where planning permission has been suspended under section 19 or 20, in determining, after the passing of this Act, the value of any land for the purpose of compensation, section 22(2) and (3) shall be ignored.

• (4) Where—

• (a) planning permission has been suspended under section 19 or 20, and

• (b) by virtue of section 22(6) the right to serve a blight notice has arisen in respect of an interest in any land (“the blighted land"), and

• (c) a notice has been served in respect of the interest before the passing of this Act,

then, notwithstanding the repeal of section 22, 192(1) of the 1971 Act (and in Scotland section 181(1) of the Scottish Act of 1972) shall continue to have effect as if the land specified therein included the blighted land.

• (5) Where planning permission has been suspended under section 19 or 20 and a time limit is accordingly extended under section 22(7), the period of the extension shall expire on the ending of the suspension by virtue of this Act (if it has not expired before then.)

Land Authority for Wales

9

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

Land

10

• (1) This paragraph applies where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act.

• (2) In that case, section 15 shall continue to apply as it applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

11

• (1) Where, immediately before the passing of this Act, an authority holds land for the purposes of Part III, the land shall on the passing of this Act be treated as follows.

• (2) Land held by the council of a county, district or London borough, the Common Council of the City of London, the Greater London Council or the Council of the Isles of Scilly shall be treated as if it had been acquired by the council concerned for planning purposes (within the meaning of section 133(1) of the 1971 Act).

• (3) Land held by a regional, general or district planning authority shall be treated as if it had been acquired by the authority concerned for planning purposes (within the meaning of section 122(1) of the Scottish Act of 1972).

• (4) Land held by a new town authority (that is, a development corporation as defined in section 2 of the New Towns Act 1965, or in section 2 of the New Towns (Scotland) Act 1968) shall be treated as if it had been acquired by the authority under that Act.

• (5) Land held by the Peak Park Joint Planning Board or the Lake District Special Planning Board shall be treated as if it had been acquired by the Board concerned under section 119 of this Act.

General duties of authorities

12

• (1) Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal of section 17 and Schedule 6.

• (2) In exercising any function after the passing of this Act an authority need not have regard to the matters specified in section 17 and Schedule 6.

• (3) In disposing, or agreeing to dispose, of an interest in land after the passing of this Act, an authority need not have regard to an application (whenever made) under paragraph 2 of Schedule 6.

Planning permission for relevant development

13

• (1) Sub-paragraphs (2) to (8) below shall have effect in consequence of the repeal by this Act of sections 19 and 20 and Schedule 7.

• (2) Where an election is made under section 19(2) before the passing of this Act, an authority on whom the notice is served need not—

• (a) send a copy to any other authority under section 19(2), or

• (b) serve a notice under paragraph 4 of Schedule 7 (notice about intention to acquire).

• (3) Where an application is made before the passing of this Act for planning permission to which section 20 applied immediately before the passing of this Act, an authority need not serve a notice under paragraph 5 of Schedule 7.

• (4) An authority who have before the passing of this Act abandoned their power to purchase land (as mentioned in section 19(5) or 20(2) are not prevented by section 19(5) or 20(2) from acquiring the land under the 1971 Act or under the Scottish Act 1972 in pursuance of a compulsory purchase order.

• (5) Planning permission suspended before the passing of this Act by virtue of section 19(6) or 20(3) shall on the passing of this Act no longer be suspended.

• (6) Any notice served under paragraph 4 or 5 of Schedule 7 before the passing of this Act shall cease to be a local land charge on the passing of this Act; and where any such notice has been registered as a local land charge the registration shall, without prejudice to any rules made under the Local Land Charges Act 1975, be cancelled accordingly.

• (7) No authority is under a duty to serve a notice under paragraph 6 of Schedule 7 after the passing of this Act.

• (8) After the passing of this Act, no copy of an application or notification (in each case, whenever made) need be sent under Part III of Schedule 7 (transmission of information).

Disposal notification areas

14

Any saving having effect immediately before the passing of this Act by virtue of pargraph 7 of Schedule 8 shall continue to have effect notwithstanding the repeal of that paragraph by this Act.

Direction to dispose of land

15

The repeal by this Act of section 45 does not affect a direction made under that section before the passing of this Act.

SCHEDULE 18 — The Land Authority for Wales

1

The Land Authority for Wales shall by that name be a body corporate and shall consist of such number of members, not less than six and not exceeding nine, as the Secretary of State may from time to time determine.

2

• (1) The members shall be appointed by the Secretary of State, who shall appoint one of them to be chairman of the Authority and may appoint another to be deputy chairman.

• (2) Four offices as members of the Authority shall be held by persons appointed by the Secretary of State after consultation with such organisations as appear to him to be representative of local authorities in Wales.

3

• (1) Subject to the provisions of this paragraph, a member of the Authority, and the chairman and deputy chairman, shall hold and vacate office in accordance with the terms of his appointment.

• (2) A member may by notice in writing addressed to the Secretary of State resign his membership and the chairman or deputy chairman may by the like notice resign his office.

• (3) The Secretary of State may remove a person from membership if satisfied that he—

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

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

• (c) has been absent from more than six consecutive meetings of the Authority otherwise than for a reason approved by the Secretary of State; or

• (d) is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member.

• (4) A person who ceases to be a member, or ceases to be chairman or deputy chairman, shall be eligible for re-appointment.

• (5) If the chairman or deputy chairman ceases to be a member of the Authority he shall also cease to be chairman or deputy chairman.

• (6) A person may hold all or any of the following offices at the same time, that is secretary or other officer of the Authority, member of the Authority and deputy chairman of the Authority; and a person holding the office of chairman of the Authority may hold any other office except that of secretary or deputy chairman.

4

The Authority, with the approval of the Secretary of State, may appoint a secretary of the Authority, and such other officers and servants as the Authority may, after consultation with the Secretary of State and with the consent of the Minister, determine.

5

• (1) The Authority shall pay to members of the Authority such remuneration and allowances as may be determined by the Secretary of State with the consent of the Minister.

• (2) In the case of any such person as the Secretary of State may with the consent of the Minister determine, the Authority shall pay such pension, allowance or gratuity to or in respect of him, or make such payment towards the provision of such a pension, allowance or gratuity, as may be so determined.

• (3) If a person ceases to be a member of the Authority, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, with the consent of the Minister, require the Authority to pay to that person a sum of such amount as the Secretary of State may with the consent of the Minister determine.

• (4) As soon as practicable after the making of any determination under sub-paragraph (2) or sub-paragraph (3) of this paragraph the Secretary of State shall lay a statement thereof before each House of Parliament.

Staff

6

The Authority shall pay to its officers and servants such remuneration and allowances as it may, after consultation with the Secretary of State and with the consent of the Minister, determine.

7

• (1) The Authority shall, in the case of such of the persons employed by it as may be determined by the Authority with the consent of the Secretary of State given with the approval of the Minister, pay such pensions, allowances or gratuities to or in respect of those persons as may be so determined, make such payments towards the provision of such pensions, allowances or gratuities as may be so determined or provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be so determined.

• (2) Where a person employed by the Authority and participating in a scheme for the payment of pensions, allowances or gratuities which is applicable to such persons becomes a member of the Authority, his service as a member may be treated for the purposes of the scheme as service as a person employed by the Authority.

Proceedings and instruments

8

• (1) Subject to the following provisions of this Schedule the Authority shall have power to regulate its own procedure.

• (2) The quorum at meetings of the Authority shall be four.

9

• (1) A member of the Authority who is in any way directly or indirectly interested in any land which is the subject of a transaction entered into or proposed to be entered into by the Authority shall disclose the nature of his interest at a meeting of the Authority; and the disclosure shall be recorded in the minutes of the Authority, and the member shall not take any part in any deliberation or decision of the Authority with respect to the transaction.

• (2) For the purposes of sub-paragraph (1) above a general notice given at a meeting of the Authority by a member of the Authority to the effect that he is a member of a specified company or firm and is to be regarded as interested in any transaction which may, after the date of the notice, be entered into in relation to that company or firm, shall be regarded as a sufficient disclosure of his interest in relation to any such transaction.

• (3) A member of the Authority need not attend in person at a meeting of the Authority in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.

10

The proceedings of the Authority shall not be invalidated by any vacancy in the number of their members or by any defect in the appointment of any person as a member or chairman or deputy chairman or by any failure to comply with the requirements of paragraph 9 above.

11

The seal of the Authority shall be authenticated by the signature of the secretary or of any person authorised by the Authority to act in that behalf.

12

A certificate signed by the secretary that any instrument purporting to be made or issued by or on behalf of the Authority was so made or issued shall be conclusive evidence of that fact.

13

Every document purporting—

• (a) to be an instrument made or issued by or on behalf of the Authority and to be sealed with the seal of the Authority authenticated in the manner provided by paragraph 11 above, or to be signed or executed by the secretary or any person authorised by the Authority to act in that behalf, or

• (b) to be such a certificate as is mentioned in paragraph 12 above,

shall be received in evidence and be deemed without further proof to be so made or issued or to be such a certifcate, unless the contrary is shown.

Supplemental

14

• (1) A person dealing with the Authority, or with a person claiming under the Authority, shall not be concerned to inquire—

• (a) whether any directions have been given to the Authority under this Act or whether any directions so given have been complied with, or

• (b) whether the consent or approval of the Secretary of State or the Minister required for any of the purposes of this Act has been given, or whether any condition or limitation subject to which any such consent or approval was given has been complied with,

and, in favour of any such person, the validity of anything done by the Authority shall not be affected by anything contained in any such direction, consent or approval or by reason that any such direction, consent or approval has not been given.

• (2) Without prejudice to sub-paragraph (1) above, the validity of a compulsory purchase order made by the Authority shall not be affected by anything contained in a direction given under section 102(4) above or by reason that any such direction has not been complied with.

15

In this Schedule “the Minister” means the Treasury

SCHEDULE 19 — Public Authorities

1

The public authorities for the purposes of section 103(5) above are—

• (a) a county council,

• (aa) a county borough council,

• (ab) a joint planning board in Wales,

• (b) a district council,

• (c) a community council,

• (d) a Government department,

• (e) the Welsh Development Agency,

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (fa) a National Park authority;

• (g) a development corporation of a new town whose area (as designated by an order under section 1 of the New towns Act 1965) is wholly or partly situated in Wales,

• (h) any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry, and

• (i) statutory undertakers.

2

In paragraph 1 above “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking, or any undertaking for the supply of or hydraulic power

3

• (1) The Secretary of State may by order made by statutory instrument direct that any public authority, body or undertakers not specified in paragraph 1 above shall be treated as a public authority for the purposes of section 103(5) above.

• (2) A statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 20 — Land Authority for Wales: Acquisition of Land

Part I — Modifications of 1981 Act

1

The 1981 Act shall apply in relation to the compulsory acquisition of land under section 104 above with the modifications made by the following provisions of this Part of this Schedule.

2

• (1) Where a compulsory purchase order of the Authority authorising the acquisition of any land is submitted to the Secretary of State in accordance with section 2(2) then, if the Secretary of State—

• (a) is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised therein, but

• (b) has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land,

he may confirm the order so far as it relates to the land mentioned in paragraph (a) above, and give directions postponing the consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified.

• (2) Where the Secretary of State gives directions under sub-paragraph (1) above, the notices required by section 15 to be published and served shall include a statement of the effect of the directions.

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

3

4

Where the compulsory purchase order was made by the Authority—

• (a) a notice under section 12 (notice specifying the time for making objections) shall be served on the local authorities within whose areas the land is situated,

• (b) those local authorities shall have a right to object in accordance with the notice,

• (c) the references in section 13 to objections made by an owner, lessee or occupier shall include references to an objection made by such local authority.

For the purposes of this paragraph the references to a local authority within whose area the land is situated shall be deemed to include references to any National Park authority which is the local planning authority for a National Park in which the land is situated.

4A

Where the compulsory purchase order was made by the Authority and the land is situated in the district of a joint planning board in Wales—

• (a) a notice under section 12 shall also be served on the board,

• (b) the board shall have a right to object in accordance with the notice,

• (c) the references in section 13 to objections made by an owner, lessee or occupier shall also include references to an objection made by the board.

Part II — Acquisition of Land by Agreement

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The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under section 104 above; and in the said Part I as so applied “land" shall have the meaning given by Schedule 1 to the Interpretation Act 1978.

Part III — Supplemental Provisions

Extinguishment of rights over land compulsorily acquired

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• (1) Subject to the provisions of this paragraph, upon the completion by the Authority of a compulsory acquisition of land under section 104 above all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and any such apparatus shall vest in the Authority.

• (2) Sub-paragraph (1) above shall not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking.

• (3) In respect of any right or apparatus not falling within sub-paragraphs (2) above, sub-paragraph (1) above shall have effect subject—

• (a) to any direction given by the Authority before the completion of the acquisition that sub-paragraph (1) above shall not apply to any right or apparatus specified in the direction; and

• (b) to any agreement which may be made (whether before or after the completion of the acquisition) between the Authority and the person in or to whom the right or apparatus in question is vested or belongs.

• (4) Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the Authority.

• (5) Any compensation payable under this paragraph shall be determined in accordance with the Land Compensation Act 1961.

Power to override easements and other rights

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• (1) The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired by the Authority under section 104 above, whether done by the Authority or by a person deriving title under it, is authorised by virtue of this paragraph if it is done in accordance with planning permission notwithstanding that it involves interference with an interest or right to which this paragraph applies, or involves a breach of a restriction as to the user of land arising by virtue of a contract.

• (2) Nothing in this paragraph shall authorise interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.

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

• (4) In respect of any interference or breach in pursuance of sub-paragraph (1) above, compensation shall be payable under section 7 or 10 of the Compulsory Purchase Act 1965, and shall be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase to which the said Act of 1965 applies, or the injury arises from the execution of works on land acquired by such a purchase.

• (5) Where a person deriving title under the Authority is liable to pay compensation by virtue of sub-paragraph (4) above, and fails to discharge that liability, the liability shall, subject to sub-paragraph (6) below, be enforceable against the Authority.

• (6) Nothing in sub-paragraph shall be construed as affecting any agreement betweeen the Authority and any other person for indemnifying the Authority against any liability under that sub-paragraph.

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

• (8) In this paragraph—

• (a) a reference to a person deriving title from another person includes a reference to any successor in title of that other person;

• (b) a reference to deriving title is a reference to deriving title either directly or indirectly.

Use and development of consecrated land and burial grounds

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• (1) Any consecrated land, whether or not including a building, which has been acquired by the Authority under section 104 above may, subject to the following provisions of this paragraph, be used by any person in any manner in accordance with planning permission, notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.

• (2) Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground.

• (3) Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land (not being consecrated land) acquired by the Authority under section 104 above, which at the time of acquisition included a church or other building used or formerly used for religious worship or the site thereof, shall be subject to compliance with the requirements of regulations made by the Secretary of State for the purposes of this paragraph with respect to the removal and re-interment of any human remains, and the disposal of monuments and fixtures and furnishings.

• (4) Any use of consecrated land authorised by sub-paragraph (1) above shall be subject to such provisions as may be prescribed by such regulations for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land.

• (5) Any regulations made for the purposes of this paragraph—

• (a) shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;

• (b) shall contain requirements relating to the disposal of any such land as is mentioned in sub-paragraphs (3) and (4) above such as appear to the Secretary of State requisite for securing that the provisions of those sub-paragraphs shall be complied with in relation to the use of the land; and

• (c) may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear to the Secretary of State to be expedient for the purposes of the regulations.

• (6) Any land consisting of a burial ground or part of a burial ground, which has been acquired as mentioned in sub-paragraph (1) above, may be used by any person in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.

• (7) Sub-paragraph (6) above shall not have effect in respect of any land which has been used for the burial of the dead until the requirements prescribed by regulations made under this paragraph with respect to the removal and re-interment of human remains, and the disposal of monuments, in or upon the land have been complied with.

• (8) Provision shall be made by any regulations made for the purposes of this paragraph—

• (a) for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and re-interment of any human remains or the disposal of any monuments;

• (b) for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and re-interment of the remains of the deceased, and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, re-interment and disposal, not exceeding such amount as may be prescribed;

• (c) for requiring compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal, and the place and manner of re-interment of any human remains, and the disposal of any monuments, and with any directions given in any case by the Secretary of State with respect to the removal and re-interment of any human remains.

• (9) Subject to the provisions of regulations made under this paragraph, no faculty shall be required for the removal and re-interment in accordance with the regulations of any human remains, or for the removal or disposal of any monuments, and the provisions of section 25 of the Burial Act 1857 (prohibition of removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in acordance with the regulations.

• (10) Regulations under this paragraph shall be subject to annulment by a resolution of either House of Parliament.

• (11) Nothing in this paragraph shall be construed as authorising any act or ommission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in sub-paragraph (1) or (6) above.

• (12) In this paragraph “burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and “monument” includes a tombstone or other memorial.

Use and development of land for open spaces

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• (1) Any land being, or forming part of, a common or open space or fuel or field garden allotment, which has been acquired by the Authority under section 104 above may be used by any person in any manner in accordance with planning permission notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.

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

Savings for paragraphs 8 and 9

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• (1) This paragraph applies as respects paragraphs 8 and 9 above.

• (2) In relation to any authority or body corporate, nothing in the said paragraphs shall be construed as authorising any act or ommission on their part in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the authority or body.

• (3) Any power conferred by the said paragraphs to use land in a manner therein mentioned shall be construed as a power to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not.

Construction of the Compulsory Purchase Acts in relation to this Part of this Act

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In construing the Compulsory Purchase Act 1965 in relation to section 104 above—

• (a) references to the execution of works shall be construed as including references to any erection, construction or carrying out of buildings or works authorised by paragraph 7 of this Schedule;

• (b) in relation to the erection, construction or carrying out of any buildings or works so authorised, references in section 10 of the said Act of 1965 to the acquiring authority shall be construed as references to the persons by whom the buildings or works in question are erected, constructed or carried out.

Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers

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• (1) Where any land has been acquired by the Authority under section 104 above and—

• (a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over that land; or

• (b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking,

the Authority, if satisfied that the extinguishment of the right or, as the case may be, in the removal of the apparatus, is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice stating that, at the end of the period of 28 days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of that period, the apparatus shall be removed.

• (2) The statutory undertakers on whom a notice is served under sub-paragraph (1) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the Authority stating that they object to all or any provisions of the notice and specifying the grounds of their objection.

• (3) If no counter-notice is served under sub-paragraph (2) above—

• (a) any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice; and

• (b) if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the Authority may remove the apparatus and dispose of it in any way it may think fit.

• (4) If a counter-notice is served under sub-paragraph (2) above on the Authority, the Authority may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph embodying the provisions of the notice with or without modification.

• (5) Where by virtue of this paragraph any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the Authority.

• (6) Sections 280 and 282 of the 1990 Act (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (5) above as they apply to compensation under section 279(2) of the 1990 Act

Orders under paragraph 12

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• (1) Before making an order under paragraph 12(4) above the Ministers proposing to make the order—

• (a) shall afford to the statutory undertakers on whom notice was served under paragraph 12(1) above an opportunity of objecting to the application for the order; and

• (b) if any objection is made, shall consider the objection and afford to those statutory undertakers and to the Authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State and the appropriate Minister for the purpose,

and may then, if they think fit, make the order in accordance with the application either with or without modification.

• (2) Where an order is made under paragraph 12(4) above—

• (a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and

• (b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the Authority may remove the apparatus and dispose of it in any way it may think fit.

Notice for same purposes as paragraph 12 but given by statutory undertakers to Authority

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• (1) Subject to the provisions of this paragraph, where any land has been acquired by the Authority under section 104 above and—

• (a) there is on, under or over the land apparatus vested in or belonging to statutory undertakers; and

• (b) the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,

the undertakers may serve on the Authority a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

• (2) Where, after the land has been acquired as mentioned in sub-paragraph (1) above, development of the land is begun to be carried out, no notice under this paragraph shall be served later than 21 days after the beginning of the development.

• (3) Where a notice is served under this paragraph, the Authority may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice stating that it objects to all or any of the provisions of the notice and specifying the grounds of its objection.

• (4) If no counter-notice is served under sub-paragraph (3) above, the statutory undertakers shall, after the end of the said period of 28 days, have the rights claimed in their notice.

• (5) If a counter-notice is served under sub-paragraph (3) above, the statutory undertakers who served the notice under this paragraph may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.

• (6) Where by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the Authority for the works to be carried out by the Authority, under the superintendence of the undertakers, instead of by the undertakers themselves.

• (7) Where works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the Authority.

• (8) sections 280 and 282 of the 1990 Act (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (7) above as they apply to compensation under section 279(4) of the 1990 Act

Rights of entry

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• (1) Any person, being an officer of the Valuation Office of the Inland Revenue Department or a person duly authorised in writing by the Authority, may at any reasonable time enter any land for the purposes of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, under section 104 above, or in connection with any claim for compensation in respect of any such acquisition.

• (2) Any person duly authorised in writing by the Authority may at any reasonable time enter upon any land for the purpose of surveying it in order to enable the Authority to determine whether to make an application for planning permission for the carrying out of development of that land.

• (3) Subject to the provisions of paragraph 16 below, any power conferred by this paragraph to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein.

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