Local Government, Planning and Land Act 1980

• (1) A person authorised under paragraph 15 above to enter any land shall, if so required, produce evidence of his authority before so entering, and shall not demand admission as of right to any land which is occupied unless 24 hours’ notice of the intended entry has been given to the occupier.

• (2) Any person who wilfully obstructs a person acting in the exercise of his powers under paragraph 15 above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale

• (3) If any person who, in compliance with the provisions of paragraph 15 above, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises, be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine, or both.

. . .

• (4) Where any land is damaged in the exercise of a right of entry conferred under paragraph 15 above or in the making of any survey for the purpose of which any such right of entry has been so conferred, compensation in respect of that damage may be recovered by any person interested in the land from the Secretary of State or the Authority.

• (5) Except in so far as may be otherwise provided by regulations made by the Secretary of State under this sub-paragraph, any question of disputed compensation under sub-paragraph (4) above shall be referred to and determined by the Lands Tribunal.

In relation to the determination of any question under this sub-paragaph, the provisions of sections 2 and 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications and to the provisions of any regulations under this sub-paragraph.

• (6) Where under paragraph 15 above a person proposes to carry out any works authorised by sub-paragraph (3) of that paragraph—

• (a) he shall not carry out those works unless notice of his intention to do so was included in the notice required by sub-paragraph (1) of this paragraph, and

• (b) if the land in question is held by statutory undertakers and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the appropriate Minister.

Displacement of Rent Acts

17

If the Secretary of State certifies that possession of a house which has been acquired by the Authority under section 104 above, and is for the time being held by the Authority for the purposes for which it was acquired, is immediately required for those purposes, nothing in the Rent Act 1977 shall prevent the Authority from obtaining possession of the house.

SCHEDULE 21 — Land Authority for Wales: Further Provisions

Borrowing powers

1

• (1) The Authority may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions—

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

• (b) with the consent of the Secretary of State, or in accordance with any general authority given by the Secretary of State, in sterling from a person other than the Secretary of State.

• (2) The Authority may borrow otherwise than by way of temporary loan such sums in sterling as the Authority may require from the Secretary of State.

• (3) The aggregate amount outstanding by way of the principal of any money borrowed by the Authority under this paragraph shall not exceed £20 million.

• (4) The Authority shall not borrow money otherwise than under this paragraph.

• (5) The Secretary of State may lend to the Authority any sums which the Authority has power to borrow from him, and any such loan shall be repaid to the Secretary of State at such times and by such methods, and interest on the loan shall be paid to him at such rates and at such times, as he may from time to time determine.

• (6) The Treasury may issue out of the National Loans Fund to the Secretary of State such sums as are necessary to enable him to make loans in pursuance of this paragraph, and any sums received by the Secretary of State in pursuance of sub-paragraph (5) above shall be paid into that Fund.

• (7) References in this paragraph to the Secretary of State are references to him acting with the approval of the Treasury.

Guarantees

2

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

• (2) Immediately after a guarantee is given under this paragraph the Treasury shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling the guarantee so given the Treasury shall, as soon as practicable after the end of each financial year (beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged), lay before each House of Parliament a statement relating to that sum.

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

• (4) If any sums are issued in fulfilment of a guarantee given under this paragraph, the Authority shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rates as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued.

• (5) Any sums received by the Treasury in pursuance of sub-paragraph (4) above shall be paid into the Consolidated Fund.

Accounts and audit

3

• (1) The Authority shall—

• (a) keep proper accounts and proper records in relation to the accounts, and

• (b) prepare in respect of each accounting year a statement of accounts, in such form as the Secretary of State may with the approval of the Treasury require, showing the state of affairs and the profit or loss of the Authority, and

• (c) on or before 30th November in any year transmit to the Comptroller and Auditor General the statement of accounts of the Authority for the accounting year last ended.

• (2) The Comptroller and Auditor General shall examine and certify the statement of accounts transmitted to him under sub-paragraph (1) above, and lay copies of it together with his report thereon before each House of Parliament.

• (3) The Secretary of State shall for each financial year prepare, in such form and manner as the Treasury may approve, account of—

• (a) sums issued to the Secretary of State in pursuance of paragraph 1 above (or section 10 of the 1975 Act), and the disposal by the Secretary of State of those sums;

• (b) sums required to be paid into the National Loans Fund in pursuance of paragraph 1 above (or section 10 of the 1975 Act);

and shall send a copy of the account to the Comptroller and Auditor General not later than the end of November next following that year; and the Comptroller and Auditor General shall examine, certify and report on the account and shall lay copies of it and of his report on it before Parliament.

Accounts and records about land

4

• (1) The Authority shall—

• (a) keep such accounts and records, and

• (b) prepare and submit to the Secretary of State such statements of account,

relating to the acquisition, holding and disposal of land as the Secretary of State may with the approval of the Treasury direct.

• (2) Directions under sub-paragraph (1) above may in particular relate to—

• (a) the items which are or are not to be included in the accounts, and the kinds of transactions which are to be recorded, and

• (b) the form and manner in which the statements of accounts are to be prepared and the times at which they are to be submitted to the Secretary of State.

• (3) Money to be credited to an account kept under this paragraph shall not be applied by the Authority for any purpose without the consent of the Secretary of State.

• (4) Where any item debited to an account kept under this paragraph has been defrayed by borrowing, the Authority shall not be required, notwithstanding anything in any enactment, to make any annual provision for the repayment of the capital.

• (5) The Authority shall supply the Secretary of State—

• (a) with such information as the Secretary of State may specify to enable him to ascertain the state of any account or record kept, or to verify any statement of account submitted to him, under this paragraph, and

• (b) with such certificates supporting the information as the Secretary of State may specify.

• (6) The Secretary of State may publish in such manner as appears to him appropriate—

• (a) statements of account submitted to him under this paragraph, and

• (b) any information obtained by him under sub-paragraph (5) above.

Surplus accounts

5

• (1) The Secretary of State may, with the approval of the Treasury and after consulting the Authority, direct that any statement of account which—

• (a) is submitted to him under paragraph 4 above for any financial year, and

• (b) is of a kind specified in the direction,

shall be a surplus account.

• (2) So much of any surplus in a surplus account as the Secretary of State with the approval of the Treasury directs shall be paid by the Authority to the Secretary of State.

• (3) The remainder of the surplus (if any) shall be applied by the Authority for any purpose for which capital money may be properly applied.

• (4) The Secretary of State shall for each financial year prepare, in such form and manner as the Treasury may approve, an account of the sums received by him under this paragraph.

• (5) The Secretary of State shall, on or before 30th November in any year, transmit to the Comptroller and Auditor General the said account for the financial year last ended.

• (6) The Comptroller and Auditor General shall examine and certify the account submitted to him, and lay copies of it together with his report before each House of Parliament.

Reports

6

• (1) The Authority shall as soon as practicable after the end of each accounting year make to the Secretary of State a report on the exercise of its functions during that year.

• (2) The report for any accounting year—

• (a) shall set out any direction given to the Authority under this Part of this Act, unless the Secretary of State has notified to the Authority his opinion that it should be omitted in the interests of national security, and

• (b) shall include such information relating to the plans, past and present activities, of the Authority and the financial position of the Authority as the Secretary of State may from time to time direct.

• (3) There shall be attached to the report for each accounting year a copy of the statements of accounts in respect of that year.

• (4) The Secretary of State shall lay before Parliament copies of each report made to him under sub-paragraph (1) above.

Register of land holdings

7

• (1) The Secretary of State may by regulations provide for the keeping of a register by the Authority recording its acquisitions, holdings and disposals of land.

• (2) Regulations under this paragraph may prescribe—

• (a) the kinds of land and the kinds of transactions to be registered,

• (b) the form of the registers, and the particulars to be contained in them,

• (c) the circumstances in which, and conditions subject to which, the registers are to be open to public inspection.

Information

8

• (1) Where, with a view to performing a function conferred on the Authority by this Part of this Act, the Authority considers that it ought to have information connected with any land, the Authority may serve on one or more of the following persons, namely—

• (a) the occupier of the land; and

• (b) any person who has an interest in the land either as freeholder, mortgagee or lessee or who directly or indirectly receives rent for the land; and

• (c) any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it,

a notice specifying the land and the function and the provision which confers the function and requiring the recipient of the notice to furnish to the Authority, within a period specified in the notice (which shall not be less than 14 days beginning with the day on which the notice is served), the nature of his interest in the land and the name and address of each person whom the recipient of the notice believes to be the occupier of the land and of each person whom he believes to be, as respects the land, such a person as is mentioned in paragraphs (b) and (c) above.

• (2) A person who—

• (a) fails (without reasonable excuse) to comply with the requirements of a notice served on him in pursuance of sub-paragraph (1) above; or

• (b) in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale

9

• (1) Every local authority and joint planning boardin Wales and every National Park authority for a National Park in Wales shall supply the Authority—

• (a) with such information as the Secretary of State may by regulations prescribe for the purposes of this paragraph (being information the Authority may need for the purpose of performing its functions), and

• (b) with such certificates supporting the information as the Secretary of State may in the regulations specify.

• (2) If a local planning authorityin Wales receives an application for planning permission made after the passing of this Act, the local planning authority shall as soon as practicable after receipt send a copy of the application to the Authority.

• (3) In Wales on any grant after the passing of this Act of planning permission, the local planning authority (or as the case may be the Secretary of State) shall as soon as practicable send a copy of the notification of the planning permission to the Authority.

• (4) Sub-paragraphs (2) and (3) above shall not apply if and so far as the Authority directs.

Service of documents

10

Sections 231 and 233 of the Local Government Act 1972 (service of documents on local authorities, and by local authorities) shall apply as if the Authority were a local authority.

Regulations and orders

11

• (1) The Secretary of State may make regulations for prescribing the form of—

• (a) any document required or authorised by or under this Part of this Act to be given to or served on the Authority, and

• (b) any document authorised by or under this Part of this Act to be given, served, made or issued by the Authority.

• (2) Any power—

• (a) to make orders under any provision of this Part of this Act other than paragraph 12(4) and 14(5) of Schedule 20, and

• (b) to make regulations under any provision of this Part of this Act, shall be exercisable by statutory instrument.

• (3) Any regulation or order under this Part of this Act—

• (a) may make different provision for different areas or other different cases;

• (b) may include transitional and other supplemental and incidental provisions.

Directions and consents

12

Any direction or consent given by the Secretary of State under this Part of this Act may be—

• (a) either general or limited to any particular case or class of case;

• (b) in any of the instances mentioned in sub-paragraph (a) above, unconditional or subject to conditions,

and any such direction or consent may be varied or revoked by him.

Local inquiries

13

Section 250 of the Local Government Act 1972 shall extend to any public local inquiry held under the 1981 Act, by virtue of this Part of this Act, as if the Authority were a local authority.

Exclusion of special parliamentary procedure

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

14

Crown land

15

• (1) Notwithstanding the Crown or Duchy interest a private interest in Crown land may, with the consent in writing of the appropriate authority, be acquired compulsorily under section 104 above.

• (2) In this paragraph “Crown land” means land in which there is a Crown interest or a Duchy interest, and—

• (a) “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department,

• (b) “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall,

• (c) “private interest” means an interest which is not a Crown interest or a Duchy interest,

and “appropriate authority” in relation to Crown land shall be determined in accordance with section 293(2) of the 1990 Act

Offences by corporations

16

• (1) Where an offence under this Part of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary, or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and liable to be proceeded against accordingly.

• (2) Where the affairs of a body corporate are managed by its members, this section shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of a body corporate.

SCHEDULE 22 — Supplementary Provisions (Wales)

Loans

1

Any sum borrowed under section 10 of the 1975 Act, and outstanding immediately before the passing of this Act, shall be treated as borrowed under paragraph 1 of Schedule 21 above.

Guarantees

2

Any guarantee given under section 11 of the 1975 Act and having effect immediately before the passing of this Act shall have effect as if given under paragraph 2 of Schedule 21 above, and sums issued under section 11 shall be treated accordingly.

Accounts etc.

3

• (1) Entries contained immediately before the passing of this Act in an account or record kept by the Authority under section 12 of the 1975 Act shall on the passing of this Act cease to be so contained but, as soon as practicable after accounts and records are opened under paragraph 3 of Schedule 21 above, corresponding entries shall be made in those accounts and records.

• (2) Entries immediately before the passing of this Act in an account or record kept by the Authority under section 43 of the 1975 Act shall on the passing of this Act cease to be so contained but, as soon as practicable after accounts and records are opened under paragraph 4 of Schedule 21 above, corresponding entries shall be made in those accounts and records.

• (3) Paragraphs 3, 4 and 5 of Schedule 21 above shall then have effect accordingly.

Land

4

Where before the passing of this Act a binding contract has been made by the Authority to dispose of or acquire land, section 14 or (as the case may be) 15 of the 1975 Act shall continue to apply as they applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

5

• (1) A compulsory purchase order made by the Authority before the passing of this Act shall (subject to sub-paragraph (2) below) be disregarded on the passing of this Act.

• (2) Where a compulsory purchase order has been made by the Authority and submitted to the confirming authority for confirmation before the passing of this Act, section 15 of the 1975 Act 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.

Staff

6

• (1) A person who was a member, officer or servant of the Authority immediately before the passing of this Act shall continue to be a member, officer or servant as if appointed under this Part of this Act.

• (2) Nothing in this Act shall put a person in a worse position as regards his appointment.

• (3) The Secretary of State may, with the consent of the Treasury, make regulations requiring the Authority to pay (in such cases and to such extent as may be determined by or under the regulations) compensation to or in respect of any such person who, after the passing of this Act and as a result of the changes in the Authority’s functions arising from this Part of this Act, ceases to be a member, officer or servant of the Authority or suffers a loss or diminution of emoluments or pension rights.

Rights and liabilities

7

Rights and liabilities vested in the Authority immediately before the passing of this Act shall remain vested in the Authority and (subject to paragraphs 8 and 9 below) be treated as if they had been acquired or incurred under this Part of this Act.

8

Where a right was acquired by the Authority before the passing of this Act, and could not have been acquired under this Part of this Act, it may be enforced by the Authority as if this Act had not been passed.

9

Where a liability was incurred by the Authority before the passing of this Act, and could not have been incurred under this Part of this Act, it may be enforced against the Authority as if this Act had not been passed.

Property

10

Property vested in the Authority immediately before the passing of this Act, and property later acquired by the Authority by virtue of any of the preceding provisions of this Schedule, shall be treated as if it were acquired by the Authority for the purposes of this Part of this Act.

General duties

11

• (1) Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal of section 17 of and Schedule 6 to the 1975 Act.

• (2) In exercising its functions after the passing of this Act the Authority shall have regard to section 103 above and need not have regard to the matters specified in section 17 of and Schedule 6 to the 1975 Act.

• (3) In disposing, or agreeing to dispose, of an interest in land after the passing of this Act, the Authority need not have regard to an application (whenever made) under paragraph 2 of Schedule 6 to the 1975 Act.

Planning permission for relevant development

12

• (1) Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal by this Act of sections 19 and 20 of and Schedule 7 to the 1975 Act.

• (2) Paragraph 13(2) to (7) of Schedule 17 above shall apply (with the appropriate modifications) as if the Authority were an authority to which those sub-paragraphs apply.

• (3) If, before the passing of this Act, there was a duty to send to the Authority a copy of an application or notification under Part III of Schedule 7 to the 1975 Act, there shall continue to be such a duty after the passing of this Act notwithstanding the repeal of that Part.

Amended Acts

13

In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (which specifies the bodies in England and Wales to which that Act applies) paragraph (bb) shall continue to have effect as it had effect immediately before the passing of this Act and accordingly to read thus:—

(bb) the Land Authority for Wales;

14

• (1) Section 25(1)(aa) of the Local Government Act 1974 (authorities subject to investigation); shall continue to have effect as it had effect immediately before the passing of this Act, except that the words from “and" to the end shall be omitted.

• (2) Accordingly, section 25(1)(aa) shall read:—

(aa) the Land Authority for Wales.

• (3) Section 30(2A) of the Local Government Act 1974 shall continue to have effect as it had effect immediately before the passing of this Act and accordingly to read thus:—

(2A) Where the complaint related to the Land Authority for Wales, the Local Commissioner shall also send the report or statement to the Secretary of State.

15

The entry relating to the Authority in Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) shall continue to have effect as it had effect immediately before the passing of this Act, and accordingly there shall continue to be inserted in that Part at the appropriate place in alphabetical order:— “The Land Authority for Wales".

General

16

The Secretary of State may by order made by statutory instrument make such further provisions containing savings and transitionals about the Land Authority for Wales as he sees fit (including, if he sees fit, provisions supplementing the preceding provisions of this Schedule).

SCHEDULE 23 — Land : Miscellaneous Amendments

Part I — Amendments of Acquisition of Land (Authorisation Procedure) Act 1946

1

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

Part II — Amendments of National Parks and Access to the Countryside Act 1949

2

• (1) Subsection (4) of section 77 of the National Parks and Access to the Countryside Act 1949 (under which the power to acquire land for public access to the open country in a National Park is in certain circumstances exercisable by the Minister of Agriculture, Fisheries and Food) shall cease to have effect.

• (2) Accordingly, in subsections (5) of that section, for the words from the beginning to “be" there shall be substituted the words “ The Secretary of State ”.

Part III — Amendments of Town and Country Planning Act 1959

3

The following subsection shall be substituted for section 23(2) of the Town and Country Planning Act 1959:—

(2) Before exercising any power of appropriation in relation to land which consists or forms part of open space, not being land which consists or forms part of a common or of a fuel or field garden allotment, an authority to whom this Part of this Act applies— (a) shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and (b) shall consider any objections to the proposed appropriation which may be made to them.

4

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

5

The following subsection shall be substituted for subsection (2) of section 26 of that Act (disposal):—

(2) Before disposing of any land which consists or forms part of an open space, not being land which consists or form a part of a common or of a fuel or field garden allotment, an authority to which this Part of this Act applies— (a) shall publish notice of their intention to do so for at least two consecutive weeks in a newspaper circultaing in their area; and (b) shall consider any objections to the proposed disposal which may be made to them.

6

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

7

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

8

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

Part V — Amendments of Local Government Act 1972

12

• (1) In section 122 of the Local Government Act 1972 (appropriation of land by principal councils) the words in subsection (2) following paragraph (b) shall cease to have effect.

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

(2A) A principal council may not appropriate under subsection (1) above any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them. (2B) Where land appropriated by virtue of subsection (2A) above is held— (a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or (b) in accordance with section 10 of the Open Space Act 1906 (duty of local authority to maintain open spaces and burial grounds), the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.

13

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

14

The following subsections shall be inserted after subsection (2) of section 123 of that Act (disposal of land by principal councils):—

(2A) A principal council may not dispose under subsection (1) above any land consisting or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them. (2B) Where by virtue of subsection (2A) above a council dispose of land which is held— (a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or (b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds), the land shall by virtue of the disposal be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.

15

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

16

Section 123A of that Act (consent for disposals of land by principal councils) shall cease to have effect.

17

• (1) In section 126 of that Act (appropriation of land by parish and community councils and by parish meetings) the words in subsection (4) following paragraph (b) shall cease to have effect.

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

(4A) Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objetions to the proposed appropriation which may be made to them. (4B) Where land is appropriated by virtue of subsection (4A) above is held— (a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or (b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds), the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10.

18

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

19

The following subsection shall be substituted for section 127(3) of that Act (which applies certain provisions of section 123 to disposals of land held by parishes and communities):—

(3) Subsections (2A) and (2B) of section 123 above shall apply in relation to the disposal of land under this section as they apply inr elation to the disposal of land under that section, with the substitution of a reference to a parish or community council or the parish trustees of a parish for the reference to a principal council in the said subsection (2A).

20

The following definition shall be inserted in section 270(1) of that Act after the definition of “1963 Act" :—

“open space” has the meaning assigned to it by section 290(1) of the Town and Country Planning Act 1971 ;

Part VI — Amendment of Local Government (Scotland) Act 1973

21

Section 74A of the Local Government (Scotland) Act 1973 (no local authority in Scotland to dispose of certain interests in land without Secretary of State’s consent) shall cease to have effect.

SCHEDULE 24 — Land Compensation Acts as Amended

Part I — Section 17 of Land Compensation Act 1961

Certification of appropriate alternative development.

17

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

Part II — Section 25 of Land Compensation (Scotland) Act 1963

Certification of appropriate alternative development.

25

• (1) Where an interest in land is proposed to be acquired by an an authority possessing compulsory purchase powers, and that land or part thereof does not consist or form part of—

• (a) an area defined in the development plan as an area of comprehensive development, or

• (b) an area shown in the development plan as an area allocated primarily for a use which is of a residential, commercial or industrial character, or for a range of two or more uses any of which is of such a character,

then, subject to subsection (2) of this section, either of the parties directly concerned may apply to the planning authority for a certificate under this section.

• (2) If, in the case of an interest in land falling within subsection (1) of this section, the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority, and a reference has been made to the Land Tribunal for Scotland to determine the amount of the compensation payable in respect of that interest, no application for a certificate under this section shall be made by either of the parties directly concerned after the date of that reference except either—

• (a) with the consent in writing of the other of those parties, or

• (b) with the leave of the Lands Tribunal for Scotland.

• (3) An application for a certificate under this section—

• (a) shall state whether or not there are in the applicant’s opinion, any classes of development which, either immediately or at a future time, would be appropriate for the land in question if it were not proposed to be acquired by any authority possessing compulsory purchase powers and, if so, shall specify the classes of development and the times at which they would be so appropriate;

• (b) shall state the applicant’s grounds for holding that opinion; and

• (c) shall be accompanied by a statement specifying the date on which a copy of the application has been or will be served on the other party directly concerned.

• (4) Where an application is made to the planning authority for a certificate under this section in respect of an interest in land, the planning authority shall, not earlier than twenty-one days after the date specified in the statement mentioned in subsection (3)(c) of this section, issue to the applicant a certificate stating that, in the opinion of the planning authority in respect of the land in question, either—

• (a) planning permission for development of one or more classes specified in the certificate (whether specified in the application or not) would have been granted; or

• (b) planning permission would not have been granted for any development other than the development (if any) which is proposed to be carried out by the authority by whom the interest is proposed to be acquired.

• (5) Where, in the opinion of the planning authority, planning permission would have been granted as mentioned in subsection (4)(a) of this section, but would only have been granted subject to conditions, or at a future time, or both subject to conditions and at a future time the certificate shall specify those conditions, or that future time, or both, as the case may be, in addition to the other matters required to be contained in the certificate.

• (6) For the purposes of subsection (5) of this section, a planning authority may formulate general requirements applicable to such classes of case as may be described therein; and any conditions required to be specified in the certificate in accordance with that subsection may, if it appears to the planning authority to be convenient to do so, be specified by reference to those requirements, subject to such special modifications thereof (if any) as may be set out in the certificate.

• (7) In determining, for the purposes of the issue of a certificate under this section, whether planning permission for any particular class of development would have been granted in respect of any land, the planning authority shall not treat development of that class as development for which planning permission would have been refused by reason only that it would have involved development of the land in question (or of that land together with other land) otherwise than in accordance with the provisions of the development plan relating thereto.

• (8) Where an application for a certificate under this section relates to land of which part (but not the whole) consists or forms part of such an area as is mentioned in subsection (1)(a) or subsection (1)(b) of this section, any certificate issued under this section in pursuance of that application shall be limited to so much of that land as does not fall within any such area.

• (9) On issuing to either of the parties directly concerned a certificate under this section in respect of an interest in land, the planning authority shall serve a copy of the certificate on the other of those parties.

SCHEDULE 25 — New Towns

1

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

Part II — Amendment of New Towns (Scotland) Act 1968

7

In section 18(4) of the 1968 Act, after “disposal thereof by way of" insert “ sale ”.

Part III — Amendment of Land Compensation Act 1961

8

• (1) After paragraph 8 of Schedule 1 to the Land Compensation Act 1961 (disregard of development in certain cases, including cases where land forms part of a new town area) there shall be inserted the following:

(9) (1) This paragraph applies where, before the date of service of the notice to treat for the purposes of a compulsory acquisition (the relevant acquisition), the land has been disposed of by an authority or body in circumstances where paragraph 3 or 3A of this Schedule would have applied if (at the time of the disposal) the authority or body had been compulsorily acquiring the land. (2) In that case, paragraphs 3 and 3A shall not apply for the purposes of the relevant acquisition.

• (2) This paragraph does not apply where a notice to treat has been served before this paragraph comes into force.

Part IV — Amendments of Land Compensation (Scotland) Act 1963

9

• (1) In Schedule 1 to the Land Compensation (Scotland) Act 1963 there shall be inserted below the words “Schedule 1" a new cross heading “ Part I ” and at the end of that Schedule there shall be added the following:—

(5) (1) This paragraph applies where, before the date of service of the notice to treat for the purposes of a compulsory acquisition (the relevant acquisition), the land has been disposed of by an authority or body in circumstances where paragraph 3 or 3A of this Schedule would have applies if (at the time of the disposal) the authority or body had been compulsorily acquiring the land. (2) In that case, paragraphs 3 and 3A shall not apply for the purposes of the relevant acquisition.

• (2) in sections 13, 14 and 15 of the said Act after the words “first column" and the words “second column" wherever they occur there shall be inserted the words “ of Part I ”;

• (b) in section 13 of the said Act after subsection (2) there shall be inserted a new subsection as follows:

(2A) The provisions of Part II of Schedule 1 to this Act shall have effect with regard to paragraphs 3 and 3A of Part I of that Schedule.

• (3) This paragraph shall not apply where a notice to treat has been served before this paragraph comes into force.

SCHEDULE 26 — Urban Development Corporations

Members

1

An urban development corporation (in this Schedule referred to as a “corporation") shall consist of a chairman, a deputy chairman and the number of other members determined in accordance with paragraph 1A.

1A

• (1) In the case of a corporation established by the Scottish Ministers or the Welsh Ministers—

• (a) the number of other members must be prescribed by order under section 135, and

• (b) the prescribed number must be—

• (i) not less than 5, and

• (ii) not more than 11.

• (2) In the case of a locally-led urban development corporation—

• (a) the number of other members must be prescribed by order under section 135, and

• (b) the prescribed number must be not less than 5.

• (3) In any other case, the number of other members must be not less than 5.

2

• (1) The members of a corporation shall be appointed by the Secretary of State.

• (2) In appointing members of the corporation the Secretary of State shall have regard to the desirability of securing the services of people having special knowledge of the locality in which the urban development area is or will be situated.

• (3) In relation to the possible appointment of people falling within sub-paragraph (2) above, the Secretary of State shall consult such local authorities as appear to him to be concerned with the regeneration of the urban development area.

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

3

Subject to the following provisions of this Schedule, a member of the corporation, and the chairman and deputy chairman of the corporation, shall hold and vacate office as such in accordance with the terms of the instrument by which they are respectively appointed.

4

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

5

Any member of the corporation may, by notice in writing addressed to the Secretary of State, resign his membership; and the chairman or deputy chairman may, by the like notice, resign his office as such.

6

If the Secretary of State is satisfied that a member of the corporation (including the chairman or deputy chairman)—

• (a) has become bankrupt or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has made an arrangement with his creditors (or in Scotland has had his estate sequestrated or has made a trust deed for the behoof of his creditors or a composition contract), or

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

• (c) has been absent from meetings of the corporation for a period longer than 3 consecutive months without the permission of the corporation, or

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

the Secretary of State may remove him from his office.

7

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

Remuneration

8

The corporation may pay to each member such remuneration and allowances as the Secretary of State may determine with the consent of the Minister for the Civil Service.

9

The corporation may pay or make provision for paying, to or in respect of any member, such sums by way of pensions, allowances and gratuities as the Secretary of State may determine with the consent of the Minister of the Civil Service.

10

Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the corporation may make to him payment of such amount as the Secretary of State may determine with the consent of the Minister for the Civil Service.

Staff

11

• (1) A corporation may, with the approval of the Secretary of State, appoint such officers and servants as the corporation may determine.

• (2) References in paragraph 12 below to employees of a corporation are to persons appointed in pursuance of this paragraph.

12

• (1) Employees of a corporation shall be appointed at such remuneration and on such other terms and conditions as the corporation may determine.

• (2) A corporation may pay such pensions, allowances or gratuities as it may determine to or in respect of any of its employees, make such payments as it may determine towards the provision of pensions, allowances or gratuities to or in respect of any of its employees or provide and maintain such schemes as it may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of its employees.

• (3) The reference in sub-paragraph (2) above to pensions, allowances or gratuities to or in respect of any of a corporation’s employees includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the corporation’s employees who suffer loss of office or employment or loss or diminution of emoluments.

• (4) If an employee of a corporation becomes a member and was by reference to his employment by the corporation a participant in a pension scheme maintained by the corporation for the benefit of any of its employees, the corporation may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the corporation whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 9 above.

• (5) A determination of the corporation for the purposes of this paragraph is ineffective unless made with the approval of the Secretary of State given with the consent of the Minister for the Civil Service

Meetings and proceedings

13

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

14

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

Delegation of planning functions

14A

• (1) This paragraph applies in relation to any function conferred on the corporation by virtue of an order under section 149 above.

• (2) The corporation may appoint committees and such committees may appoint sub-committees.

• (3) Anything which is authorised or required to be done by the corporation—

• (a) may be done by any member of the corporation or of its staff who is authorised for the purpose either generally or specifically;

• (b) may be done by a committee or sub-committee which is so authorised.

• (4) The corporation may—

• (a) determine the quorum of a committee or sub-committee;

• (b) make such arrangements as it thinks appropriate relating to the meetings and procedure of a committee or sub-committee.

• (5) Anything done for the purposes of sub-paragraph (4) is subject to directions given by the Secretary of State.

• (6) The validity of anything done by a committee or sub-committee is not affected by—

• (a) any vacancy among its members;

• (b) any defect in the appointment of any of its members.

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

Delegation of planning functions

14B

• (1) This paragraph has effect in relation to the membership of committees and sub-committees appointed under paragraph 14A.

• (2) A committee may consist of—

• (a) such members of the corporation as it appoints;

• (b) such other persons as the corporation (with the consent of the Secretary of State) appoints.

• (3) A sub-committee of a committee may consist of—

• (a) such members of the committee as it appoints;

• (b) such persons who are members of another committee of the corporation (whether or not they are members of the corporation) as the committee appoints;

• (c) such other persons as the corporation (with the consent of the Secretary of State) appoints.

• (4) The membership of a committee or sub-committee—

• (a) must always include at least one person who is a member of the corporation;

• (b) must not include any person who is a member of the staff of the corporation.

Instruments, etc.

15

The fixing of the seal of the corporation shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the corporation to act for that purpose.

16

Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the corporation by any person generally or specially authorised by it to act for that purpose.

17

Any document purporting to be a document duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

House of Commons disqualification

18

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place in alphabetical order:—

Any member, in receipt of remuneration, of an urban development corporation (within the meaning of Part XVI of the Local Government Planning and Land Act 1980)

SCHEDULE 27 — Vesting of Land in Urban Development Corporations

1

9

The Land Compensation Act 1961 shall have effect in relation to orders under section 141 above subject to the modifications specified in paragraphs 10 to 14 below.

10

References to the date of service of a notice to treat shall be treated as references to the date on which an order under that section comes into force.

11

Section 17(2) shall be treated as if for the words “the acquiring authority have served a notice to treat in respect of the interest or an agreement has been made for the sale of the interest to that authority" there were substituted the words “ an order under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation has come into force, or an agreement has been made for the sale of the interest to such a corporation ”.

12

In section 22—

• (a) subsection (2) shall be treated as if at the end of paragraph (c) there were added the words

or (d) where an order has been made under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation.

; and

• (b) subsection (3) shall be treated as if in paragraph (a) the words “or (d)" were inserted after the words “paragraph (b)".

13

Any reference to a notice to treat in section 39(2) shall be treated as a reference to an order under section 141 above.

14

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

Part II — Modification of Enactments: Scotland

15

Paragraphs 6 to 13 and 16 to 39 of Schedule 15 to the Town and Country Planning (Scotland) Act 1997 shall have effect in relation to orders under section 141 above, subject to the modifications specified in paragraphs 16 to 20 below.

16

Any reference to a general vesting declaration shall be treated as a reference to an order under that section.

17

The references in paragraphs 6 and 7 to the end of the period specified in a general vesting declaration shall be treated as references to the date on which such an order comes into force and the reference in paragraph 9 to the acquiring authority having made a general vesting declaration shall be treated as a reference to such an order having come into force.

18

In paragraph 6—

• (a) the reference to every person on whom, under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845, the acquiring authority could have served a notice to treat, shall be treated as a reference to every person whose interest in the land to which such an order relates is vested by the order in the urban development corporation; and

• (b) Paragraph (a) shall be omitted.

19

The reference in paragraph 20(2) to the date on which the notice required by paragraph 4 is served on any person shall be treated as a reference to the date on which such an order comes into force.

20

In paragraph 29—

• (a) sub-paragraph (1)(a) shall be omitted; and

• (b) the reference in sub-paragraph (1)(b) to the date on which a person first had knowledge of the execution of the general vesting declaration shall be treated as a reference to the date on which an order under section 141 above came into force.

21

The Land Compensation (Scotland) Act 1963 shall have effect in relation to orders under section 141 above subject to the modifications specified in paragraphs 22 to 26 below.

22

References to the date of service of a notice to treat shall, be treated as references to the date on which an order under that section comes into force.

23

Section 25(2) shall be treated as if for the words “the authority proposing to acquire it have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority" there were substituted the words “an order under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation has come into force, or an agreement has been made for the sale of the interest to such a corporation."

24

In section 30—

• (a) subsection (2) shall be treated as if at the end of paragraph (c) there were added the words

or (d) where an order has been made under section 141 of the Local Government, Planning and Land Act 1980 vesting the land in which the interest subsists in an urban development corporation.

; and

• (b) subsection (3) shall be treated as if in paragraph (a) the words “or (2)(d)" were inserted after the words “sub-section (2)(b)".

25

Any reference to a notice to treat in section 45(2) shall be treated as a reference to an order under section 141 above.

26

In Schedule 2, paragraph 1(2)(a) shall be treated as if the words “or the coming into force of an order under section 141 of the Local Government, Planning and Land Act 1980 for the vesting of the land in an urban development corporation" were inserted after the word “land".

SCHEDULE 28 — Urban Development Corporations: Land

Part I — Modifications of 1981 and 1947 Acts

1

... The 1947 Act shall apply in relation to the compulsory acquisition of land under section 142 or 143 above with the modifications made by the following provisions of this Part of this Schedule ...

2

• (1) Where a compulsory purchase order authorising the acquisition of any land is submitted to the Secretary of State in accordance with Part I of Schedule 1 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 paragraph 6 of Schedule 1 to be published and served shall include a statement of the effect of the directions.

3

• (1) Notwithstanding anything in paragraph 10 of Schedule 1, a compulsory purchase order under section 142 or 143 above authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking may be confirmed without a certificate under that paragraph.

• (2) Except where the appropriate Minister’s certificate is given, a compulsory purchase order to which this paragraph applies shall be of no effect unless it is confirmed by the appropriate Minister jointly with the Minister or Ministers who would apart from this sub-paragraph have power to confirm it.

In this sub-paragraph “the appropriate Minister’s certificate” means such a certificate as is mentioned in paragraph 10 of Schedule 1.

• (3) Sections 238 to 240 of the Act of 1971 (measure of compensation for statutory undertakers) and sections 227 to 229 of the 1972 Act (which make similar provision for Scotland) shall apply in respect of a compulsory acquisition which is effected by a compulsory purchase order which by virtue of this paragraph is confirmed without a certificate.

Part II — Acquisition of Land by Agreement

4

• (1) 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 142 above; and in the said Part I as so applied “land" shall have the meaning given by the Interpretation Act 1978.

• (2) For the purpose of the acquisition by agreement of land in Scotland under section 142 of this Act, the Lands Clauses Acts (except the provisions relating to the purchase of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845) and sections 6 and 70 of the Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act, as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 shall be incorporated with section 142 of this Act, and in construing those Acts for the purpose of that section, that section shall be deemed to be the special Act, and the urban development corporation to be promoters of the undertaking or company, as the case may require; and in those Acts as so incorporated “land" shall have the meaning given by the Interpretation Act 1978.

Part III — Land: Supplementary

Extinguishment of rights over land

5

• (1) Subject to this paragraph, on an order under section 141 above coming into force or the completion by an urban development corporation or local highway authority of a compulsory acquisition of land under this Part of this Act, 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 corporation or (as the case may be) authority.

• (2) Sub-paragraph (1) above does not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of carrying on their undertaking or to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network or to any electronic communications apparatus kept installed for the purposes of any such network.

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

• (a) to any direction given by the Secretary of State before the coming into force of the order (or, as the case may be, by the corporation 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 coming into force of the order or completion of the acquisition) between the Secretary of State (or corporation) 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 corporation.

• (5) Any compensation payable under this paragraph shall be determined in accordance with the Land Compensation Act 1961 or the Land Compensation (Scotland) Act 1963.

Power to override easements

6

• (1) The erection, construction or carrying out, or maintenance, of any building or work on land in Scotland which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act, whether done by the corporation or authority or by any other person, 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 by virtue of a contract.

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

• (2) Nothing in sub-paragraph (1) ... above shall authorise interference with an 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 of a right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network.

• (3) This paragraph applies to the following interests and rights, that is to say, any easement, servitude, 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 61 of the Lands Clauses Consolidation (Scotland) Act 1845 and section 6 of the Railways Clauses Consolidation (Scotland) Act 1845), to 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 by an urban development corporation or local highway authority or the injury arises from the execution of works on ... land acquired by such a corporation or authority.

• (5) Where a person other than the urban development corporation or local highway authority by or in whom the land in question was acquired or vested 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 corporation or authority.

• (6) Nothing in sub-paragraph (5) above shall be construed as affecting any agreement between the corporation or authority and any other person for indemnifying the corporation or 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 instance of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1) ... above.

• (8) Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.

Consecrated land and burial grounds

7

• (1) Any consecrated land, whether including a building or not, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may (subject to the following provisions of this paragraph) be used by the corporation or authority, or by any other 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, vested or acquired as mentioned in that sub-paragraph 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 prescribed requirements with respect to the removal and reinterment of any human remains, and the disposal of monuments and fixtures and furnishings; and, in the case of consecrated land, shall be subject to such provisions as may be prescribed 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.

• (4) Any regulations made for the purposes of sub-paragraph (3) above—

• (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-paragraph (3) above such as appear to the Secretary of State requisite for securing that the provisions of that sub-paragraph 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.

• (5) Any land consisting of a burial ground or part of a burial ground, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may be used by the corporation or authority in any manner in accordance with plannning 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.

• (6) Sub-paragraph (5) above shall not have effect in respect of any land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains, and the disposal of monuments, in or upon the land have been complied with.

• (7) Provision shall be made by any regulation made for the purposes of sub-paragraph (3) above and sub-paragraph (6) above—

• (a) for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment 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 reinterment 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, reinterment 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 reinterment 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 reinterment of any human remains.

• (8) Subject to the provisions of any such regulations, no faculty shall be required for the removal and reinterment 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 (which prohibits the 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 accordance with the regulations.

• (9) Any power conferred by this paragraph to use land in a manner therein mentioned shall be construed as a power so 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.

• (10) 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 obligation, restriction or enactment as is mentioned in sub-paragraph (1) of sub-paragraph (5) above.

• (11) Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.

• (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.

• (13) In this paragraph “prescribed” means prescribed by regulations made by the Secretary of State.

• (14) The power to make regulations under this paragraph shall be exercisable by statutory instrument; and any statutory instrument containing regulations made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (15) This paragraph shall not apply to Scotland.

Churches and burial grounds in Scotland

8

Section 197 of the 1997 Actshall have effect in relation to land in Scotland which is required by an urban development corporation or a local highway authority for the purposes of this Part of this Act as it has in relation to land acquired by a planning authority as mentioned in subsection (1) of that section.

Open spaces

9

• (1) Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may be used by the corporation or authority, or by any other 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(or in Scotland at the instance)of any person on any grounds other than contravention of any such enactment as is mentioned in sub-paragraph (1) above.

• (3) Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.

• (4) In the application of this paragraph to Scotland, the words “or fuel or field garden allotment" shall be omitted.

Displacement of persons

10

• (1) If the Secretary of State certifies that possession of a house which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this part of this Act and is for the time being held by that corporation or authority for the purposes for which it was acquired, is immediately required for those purposes, nothing in an enactment mentioned in sub-paragraph (2) shall prevent that corporation or authority from obtaining possession of the house.

• (2) The enactments referred to in sub-paragraph (1) are—

• (a) the Rent (Agriculture) Act 1976,

• (b) the Rent Act 1977,

• (c) the Housing Act 1988,

• (d) the Rent (Scotland) Acts 1971 to 1975,

• (e) the Rent (Scotland) Act 1984,

• (f) the Housing (Scotland) Act 1988,

• (g) the Private Housing (Tenancies) (Scotland) Act 2016.

Extinguishment of public rights of way

11

• (1) Where any land has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act and is for the time being held by that corporation or authority for those purposes, the Secretary of State may by order extinguish any public right of way over the land.

• (2) Where the Secretary of State proposes to make an order under this paragraph, he shall publish in such manner as appears to him to be requisite a notice—

• (a) stating the effect of the order, and

• (b) specifying the time (not being less than 28 days from the publication of the notice) within which, and the manner in which, objections to the proposal may be made,

and shall serve a like notice—

• (i) on the district planning authority or, in Wales, the local planning authority (or in Scotland the planning authority within the meaning of section 1 of the 1997 Act) in whose area the land is situated, and

• (ii) on the relevant highway authority.

In this sub-paragraph “the relevant highway authority” means any authority which is a highway authority in relation to the right of way proposed to be extinguished by the order, other than an authority which has applied for the order to be made.

• (3) Where an objection to a proposal to make an order under this paragraph is duly made and is not withdrawn, the provisions of paragraph 12 below shall have effect in relation to the proposal.

• (4) For the purposes of this paragraph an objection to such a proposal shall not be treated as duly made unless—

• (a) it is made within the time and in the manner specified in the notice required by this paragraph, and

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

• (5) Where it is proposed to make an order under this paragraph extinguishing a public right of way over a road on land acquired for the purposes of this Act by an urban development corporation, and compensation in respect of restrictions imposed under section 1 or 2 of the Restriction of Ribbon Development Act 1935 in respect of that road has been paid by the highway authority (or, in the case of a trunk road, by the authority which, when the compensation was paid, was the authority for the purposes of section 4 of the Trunks Roads Act 1936), the order may provide for the payment by the urban development corporation to that authority, in respect of the compensation so paid of such sums as the Secretary of State, with the consent of the Treasury, may determine.

• (6) Where the Secretary of State is satisfied that the construction or improvement of a road is or will be needed in consequence of the extinguishment under this paragraph of a public right of way, section 143 above shall apply as it applies where the Secretary of State is satisfied that the construction or improvement of a road is needed as mentioned in subsection (1) of that section.

• (7) Where the Secretary of State makes an order under this paragraph on the application of an urban development corporation or local highway authority, he shall send a copy of it to the universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) who provides a universal postal service (within the meaning of that Part) for the area in which the land is situated.

12

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

• (2) Unless the Secretary of State decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the Secretary of State shall, before making a final decision, consider the grounds of the objection as set out in the statement comprised in or submitted with the objection, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

• (3) In so far as the Secretary of State, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the Secretary of State may treat the objection as irrelevant for the purpose of making a final decision.

• (4) If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the Secretary of State is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the Secretary of State may make a final decision without further investigation as to those matters.

• (5) Subject to sub-paragraphs (3) and (4) above, the Secretary of State, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State; and if the objectors avails himself of that opportunity, the Secretary of State shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, urban development corporation or other person, if any, on whose representation the order is proposed to be made, and to any other persons to whom it appears to the Secretary of State to be expedient to afford such an opportunity.

• (6) Notwithstanding anything in the preceding provisions of this paragraph, if it appears to the Secretary of State that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.

Telegraphic lines

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• (1) Where an order under paragraph 11 above extinguishing a public right of way is made on the application of an urban development corporation or local highway authority, and at the time of the publication of the notice required by sub-paragraph (2) of that paragraph any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, on, over, along or across the land over which the right of way subsisted—

• (a) the power of the operator of the network to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the network has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be;

• (b) the operator of the network may by notice given in that behalf to the corporation or authority not later than the end of the said period of three months abandon the electronic communications apparatus or any part of it;

• (c) subject to paragraph (b), the operator of the network shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove;

• (d) the operator of the network shall be entitled to recover from the corporation or authority the expense of providing, in substitution for the apparatus and any other electronic communications apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any electronic communications apparatus in such other place as the operator may require;

• (e) where under the preceding provisions of this sub-paragraph the operator of the network has abandoned the whole or any part of any electronic communications apparatus, that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network.

• (2) As soon as practicable after the making of an order under paragraph 11 above extinguishing a public right of way in circumstances in which sub-paragraph (1) above applies in relation to the operator of an electronic communications code network, the Secretary of State shall give notice to the operator of the making of the order.

Statutory undertakers

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• (1) Where any land has been acquired by an urban development corporation under section 142 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 corporation, if satisfied that the extinguishment of the right or, as the case may be, 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 corporation 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 corporation 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 a corporation, the corporation 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 corporation.

• (6) Sections 280 and 282 of the 1990 Act or as the case may be sections 233 and 235 of the 1997 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, or as the case may be section 232(4) of the 1997 Act.

• (7) Except in a case in which paragraph 13 above has effect—

• (a) the reference in paragraph (a) of sub-paragraph (1) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network; and

• (b) the reference in paragraph (b) of that sub-paragraph to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to electronic communications apparatus kept installed for the purposes of any such network;

and for the purposes of this sub-paragraph, in this paragraph (except the said paragraphs (a) and (b)) and in paragraph 15 below, references to statutory undertakers shall have effect as references to the operator of any such network and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.

15

• (1) Before making an order under paragraph 14(4) above the Ministers proposing to make the order—

• (a) shall afford to the statutory undertakers on whom notice was served under paragraph 14(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 corporation on whom the counter-notice was served, 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 14(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, and requirement of the order as to the removal of the apparatus has not been complied with, the corporation may remove the apparatus and dispose of it in any way it may think fit.

16

• (1) Subject to this paragraph, where any land has been acquired by an urban development corporation under section 142 above and—

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