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Local Government, Planning and Land Act 1980

Type Public General Act

Publication 1980-11-13

Last updated 2026-07-11

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(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 corporation 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 corporation on which it is served 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 corporation for the works to be carried out by the corporation, 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 corporation.

(8) 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 (7) above as they apply to compensation under section 279(4) of the 1990 Act or, as the case may be, section 232(4) of the 1997 Act.

(9) In sub-paragraph (1)(a) above, the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network; and for the purposes of this sub-paragraph, in this paragraph references (except in the said sub-paragraph (1)(a) 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.

17

(1) The powers conferred by this paragraph shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order—

(a) to secure the provision for an urban development area of services which would not otherwise be provided, or which would not otherwise be satisfactorily provided, or

(b) to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in sub-paragraph (2) below.

(2) The said acts and events are—

(a) the acquisition under his Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question;

(b) the extinguishment of a right or the imposition of any requirements by virtue of paragraph 14 above.

(3) The powers conferred by this paragraph shall also be exercisable where, on a representation made by an urban development corporation, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified, in order to secure the provision of new services, or the extension of existing services, for the purposes of an urban development area under this Part of this Act.

(4) Where the powers conferred by this paragraph are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order to secure the provision of the services in question, as mentioned in sub-paragraph (1)(a) or (3) above, or to secure the adjustment in question, as mentioned in sub-paragraph (1)(b) above, as the case may be.

(5) Without prejudice to the generality of sub-paragraph (4) above, an order under this paragraph may make provision—

(a) for empowering the statutory undertakers to acquire (whether compulsorily or by agreement) any land specified in the order, and to erect or construct any buildings or works so specified;

(b) for applying, in relation to the acquisition of any such land or the construction of any such works, enactments relating to the acquisition of land and the construction of works;

(c) where it has been represented that the making of the order is expedient for the purposes mentioned in sub-paragraph (1)(a) or (3) above, for giving effect to such financial arrangements between the urban development corporation and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;

(d) for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.

18

(1) As soon as may be after making such a representation as is mentioned in sub-paragraph (1) or (3) of paragraph 17 above—

(a) the statutory undertakers, in a case falling within sub-paragraph (1); or

(b) the urban development corporation, in a case falling within sub-paragraph (3),

shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Secretary of State and the appropriate Minsiter, serve a like notice on such persons, or persons of such classes, as may be so directed.

(2) Orders under paragraph 17 above shall be subject to special parliamentary procedure.

19

(1) Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligations incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this sub-paragraph applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.

(2) Sub-paragraph (1) above applies to the following acts and events:—

(a) the compulsory acquisition under the Part of this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers;

(b) the extinguishment of a right or the imposition of any requirement by virtue of paragraph 14 above.

(3) As soon as may be after making a representation to the appropriate Minister under sub-paragraph (1) above, the appropriate statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices.

(4) If any objection to the making of an order under this paragraph is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.

(5) Immediately after an order is made under his paragraph by the appropriate Minister, he shall publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and shall serve a like notice—

(a) on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this sub-paragraph, specifying an address for service, and

(b) on such other persons (if any) as the appropriate Minister thinks fit.

(6) Subject to the following provisions of this paragraph, an order under this paragraph shall become operative on the date on which the notice required by sub-paragraph (5) above is first published.

(7) Where in accordance with sub-paragraph (4) above the order is subject to special parliamentary procedure, sub-paragraph (6) above shall not apply.

(8) If any person aggrieved by an order under this paragraph wishes to question the validity of the order on the ground that it is not within the powers conferred by this paragraph, or that any requirement of this paragraph has not been complied with in relation to the order, he may, within six weeks from the date on which the notice required by sub-paragraph (5) above is first published, make an application to the High Court (or in Scotland the Court of Session) under this paragraph.

(9) On any application under sub-paragraph (8) above the High Court (or the Court of Session)—

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

(b) if satisfied that the order is wholly or to any extent outside the powers conferred by this paragraph, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of this paragraph, may wholly or in part quash the order, either generally or in so far as it affects any property of the applicant.

(10) Subject to sub-paragraph (8) above, the validity of an order under this paragraph shall not be questioned in any legal proceedings whatsoever, either before or after the order has been made.

20

(1) For the purposes of paragraphs 17 and 19 above, an objection to the making of an order thereunder shall not be treated as duly made unless—

(a) the objection is made within the time and in the manner specified in the notice required by paragraph 18 or (as the case may be) 19 above; and

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

(2) Where an objection to the making of such an order is duly made in accordance with sub-paragraph (1) above and is not withdrawn, the following provisions of this paragraph shall have effect in relation thereto; but, in the application of those provisions to an order under paragraph 17 above, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.

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

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

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

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

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

(8) 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.

Part IV — Acquisition of Rights

General

21

(1) The 1946 Act and the Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make them apply to the compulsory purchase of rights by virtue of section 142(4) above as they apply to the compulsory purchase of land so that, in appropriate contexts, references in those Acts to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context.

(2) Without prejudice to the generality of sub-paragraph (1) above, in relation to the purchase of rights in pursuance of section 143(4) above—

(a) Part III of Schedule 1 to the 1946 Act (which provides for special parliamentary procedure in the case of the purchase of land of certain descriptions) shall have effect with the adaptations specified in paragraph 22 below:

(b) Part I of the said Act of 1965 (which relates to compulsory purchases under the 1946 Act) shall have effect with the modifications specified in paragraph 23 below; and

(c) the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.

22

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

Adaptation of Part I of 1965 Act

23

(1) In the Compulsory Purchase Act 1965 (hereafter in this Part of this Schedule referred to as “the Act”) for section 7 (which relates to compensation) there shall be substituted the following—

(7) (1) In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent, if any, to which the value of the land over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right. (2) The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words “land is acquired or taken" there shall be substituted the words “ a right over land is purchased ” and for the words “acquired or taken from him" there shall be substituted the words “ over which the right is exercisable ”

(2) Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory. (2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface). (2) In this Schedule “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. (10) On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right, (b) the proposed use of the right, and (c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

(3) The following provisions of the Act (which state the effect of a deed poll executed in various circumstances, where there is no conveyance by persons with interests in the land), namely—

section 9(4) (failure of owners to convey);

paragraph 10(3) of Schedule 1 (owners under incapacity);

paragraph 2(3) of Schedule 2 (absent and untraced owners); and

paragraphs 2(3) and 7(2) of Schedule 4 (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overriden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.

(4) Section 11 of the Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) of the Act shall be modified correspondingly.

(5) Section 20 of the Act (compensation for short-term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.

(6) Section 22 of the Act (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation.

SCHEDULE 29 — Planning Functions of Urban Development Corporations— England and Wales

Part I — Enactments referred to in Section 149(3)(a)

1

Section 17 of the Land Compensation Act 1961.

2

Sections 171C, 172, 173, 173A, 178, 183, 184, 187A, 187B, 188, 196A to 196C 197, 198, 199, 201, 206, 207, 209, 211, 213 to 215, 219, 220 and 224 324(1)(b) and (c) and (7) of the 1990 Act.

3

Sections 171BA, 171E, 172ZA, 172A, 191, 192, 225, 225A, 225C, 225F to 225H, 225J and 225K of the 1990 Act.

4

Sections 3, 4, 8, 10, 11, 13 to 16, 20, 23 to 25, 38, 42, 44A, 47, 48, 50, 53, 54, 60, 69 to 72, 74, 75 and 82 88 and 88A of the Planning (Listed Buildings and Conservation Areas) Act 1990.

5

Section 44AA of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Part II — Enactments Referred to in Section 149(3)(b)

An order made by virtue of section 149(3)(b) may make the following modifications in relation to the urban development corporation specified in the order and to land in that corporation’s area:—

(1) Section 139 of the 1990 Act shall have effect as if after the word “undertakers" there were inserted— (a) in paragraph (b) of subsection (1) the words “or an urban development corporation"; (b) in paragraph (c) of that subsection, the words “or any urban development corporation"; and (c) in subsection (3), the words “or urban development corporation". (2) Section 140(2)(d) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation". (3) Section 141(4) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation". (4) Section 143(1)(b) of that Act shall have effect as if— (a) after the word “undertakers" in the first place where it occurs, there were inserted the words “or an urban development corporation"; and (b) after that word, in the second place where it occurs, there were inserted the words “or that corporation". (5) The definition of “relevant provisions" in section 148 of that Act shall have effect as if after the word “unndertaking" there were added the words “or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980.". (6) Section 249 of that Act shall have effect as if— (a) in subsection (1) after the word “applies" there were inserted the words “subject to subsection (1A)"; and (b) the following subsection were inserted after that subsection— (") Any reference in this section and in section 250 to a local planning authority is to be construed as including a reference to an urban development corporation." (7) Section 251 of that Act shall have effect as if– (a) in subsection (1), for the word “Where" there were substituted the words “Subject to subsection (1A), where"; and (b) the following subsection was inserted after that subsection— (") Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area, the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required.". (8) Section 258 of that Act shall have effect as if— (a) in subsection (1), for the word “Where" there were substituted the words “Subject to subsection (1A), where"; and (b) the following subsection were inserted after that subsection— (") Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area, then, subject to section 259, the urban development corporation may by order extinguish any public right of way across the land being a footpath or bridleway, if they are satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required.". (9) Section 330 of that Act shall have effect as if— (a) after the words “local authority" in the first place where they occur in subsection (1), there were inserted the words “or an urban development corporation"; and (b) after those words, in the second place where they occur in subsection (1) and in subsection (3), there were inserted the words “or corporation". (10) Section 33 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall have effect as if— (a) in subsection (1)(b) after the word “undertakers" there were inserted the words “or an urban development corporation"; (b) in subsection (1)(c), after the word “undertakers" there were inserted the words “or an urban development corporation"; (c) in subsection (3), after the word “undertakers" there were inserted the words “or corporation". (11) Section 34(2)(d) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation". (12) Section 35(6) of that Act shall have effect as if after the word “undertakers" there were inserted the words “or an urban development corporation". (13) Section 36(4) of that Act shall have effect as if after the word “undertakers" in the first place where it occurs there were inserted the words “or an urban development corporation" and in the second place where it occurs there were inserted the words “or that corporation". (14) Section 91(2) of that Act shall have effect as if the words “urban development corporation" were inserted at the appropriate place.

SCHEDULE 30 — Planning Functions of Urban Development Corporations–Scotland

Part I — Enactments Referred to in Section 149(8)(a)

Sections 125, 127 to 129, 135, 140, 141, 147, 159 to 161, 163, 167, 168, 170, 172, 174, 175, 179, 182 and 186 of the 1997 Act.

Sections 3, 4, 7, 9, 12 to 14, 20 to 24, 34, 38, 42, 43, 45, 48(1), 49, 61 to 64, 66, 73(2) to (4) and 77 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

Part II — Enactments Referred to in Section 149(8)(b)

An order made by virtue of section 149(7)(b) may make the following modifications in relation to the urban development corporation specified in the order and to land in that corporation’s area:—

1

Section 90 of the 1997 Act shall have effect as if after “undertakers" there were inserted—

(a) in subsection (1)(b), “or an urban development corporation";

(b) in subsection (1)(c), “or any urban development corporation"; and

2

Section 91(2)(c) of that Act shall have effect as if, after “undertakers", there were inserted “or an urban development corporation".

3

Section 92(4) of that Act shall have effect as if, after “undertakers" in the first and second places where it occurs, there were inserted respectively “or an urban development corporation" and “or that corporation".

4

Section 94(1)(b) of that Act shall have effect as if, after “undertakers" in the first and second places where it occurs, there were inserted respectively “or an urban development corporation" and “or that corporation".

5

The definition of “relevant provisions” in section 99 of that Act shall have effect as if, after “undertaking", there were added “or, in the case of an urban development corporation, section 142 of the Local Government, Planning and Land Act 1980".

6

Section 203 of that Act shall have effect as if—

(a) in subsection (1), after “applies" there were inserted “subject to subsection (1A)"; and

(b) the following subsection were inserted after that subsection—

(") Any reference in this section and in section 203 to a competent authority is to be construed as including a reference to an urban development corporation."

7

Section 205 of that Act shall have effect as if, after “authorities", there were inserted “and, in an urban development area, the urban development corporation".

8

Section 206 of that Act shall have effect as if—

(a) in subsection (1), for “Where" there were substituted “Subject to subsection (1A), where"; and

(b) the following subsection were inserted after that subsection—

(") Where any land has been acquired by an urban development corporation or has vested in such a corporation and is for the time being held by them for the purpose of regenerating their area—

(a) the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required;

(b) subject to paragraphs 4 and 5 of Schedule 16 to this Act, the urban development corporation may by order extinguish any such right over the land, being a footpath or bridleway, if they are so satisfied."

9

Section 272 of that Act shall have effect as if, in subsection (1), after “local authority" there were inserted “or an urban development corporation".

10

Section 29 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 shall have effect as if—

(a) in subsection (1)(b) and (c), after “undertakers" there were inserted “or an urban development corporation"; and

(b) in subsection (3), after “undertakers" there were inserted “or corporation".

11

Section 30 of that Act shall have effect as if—

(a) in subsection (2)(c), after “undertakers" there were inserted “or an urban development corporation"; and

(b) in each of subsections (3), (4) and (5), after “undertakers" there were inserted “or corporation".

12

Section 31(6) of that Act shall have effect as if after “undertakers" there were inserted “or an urban development corporation".

13

Section 32(4) of that Act shall have effect as if after “undertakers" in the first and second places where it occurs there were inserted respectively “or an urban development corporation" and “or that corporation".

14

Section 81(2) of that Act shall have effect as if “urban development corporation" were inserted in the appropriate place.

SCHEDULE 31 — Urban Development Corporations: Finance etc.

Part I — Preliminary

1

(1) References in this Schedule to a corporation are to an urban development corporation.

(2) The financial year of a corporation shall begin with 1 April and references to a financial year in relation to a corporation shall be construed accordingly.

Part II — Finance

Financial duties

2

(1) After consultation with a corporation, the Secretary of State may, with the Treasury’s approval, determine the financial duties of the corporation, and different determinations may be made in relation to different corporations or for different functions and activities of the same corporation.

(2) The Secretary of State shall give the corporation notice of every determination, and a determination may—

(a) relate to a period beginning before the date on which it is made;

(b) contain incidential or supplementary provisions;

Government grants

3

(1) The Secretary of State may (out of money provided by Parliament and with the Treasury’s consent) pay to a corporation, in respect of the exercise of its functions and in respect of its administrative expenses, such sums as he may (with the Treasury’s approval) determine.

(2) The payment may be made on such terms as the Secretary of State (with the Treasury’s approval) provides.

Borrowing

4

(1) A corporation 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, either in sterling or in a currency other than sterling from a person other than the Secretary of State.

(2) A corporation may borrow otherwise than by way of temporary loan such sums as the corporation may require—

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

(b) with the consent of the Secretary of State, in a currency other than sterling from a person other than the Secretary of State.

(3) The Secretary of State may lend to a corporation any sums it has power to borrow from him sub-paragraph (1) or (2) above.

(4) The Treasury may issue to the Secretary of State out of the National Loans Fund any sums necessary to enable him to make loans under sub-paragraph (3) above.

(5) Loans made under sub-paragraph (3) above shall be repaid to the Secretary of State at such times and by such methods, and interest on the loans shall be paid to him at such times and at such rates, as he may determine.

(6) All sums received by the Secretary of State under sub-paragraph (5) above shall be paid into the National Loans Fund.

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

Guarantees

5

(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 a corporation borrows from a person or body 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 a guarantee so given, the Treasury shall lay before each House of Parliament a statement relating to that sum, as soon as possible after the end of each financial year, beginning with 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 on it is finally discharged.

(3) Any sums required for fulfilling a guarantee under this paragraph shall be charged on and issued out of—

(a) the Consolidated Fund, if required by the Treasury, or

(b) the Welsh Consolidated Fund, if required by the Welsh Ministers.

(4) If any sums are issued in fulfilment of a guarantee given under this paragraph, the corporation shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury 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.

Assumed debt

6

(1) On any acquisition to which this paragraph applies, a corporation shall assume a debt to the Secretary of State of such amount as may be notified to the corporation in writing by him, with the Treasury’s approval.

(2) This paragraph applies to any acquisition by the corporation of property held—

(a) by or on behalf of the Crown, or

(b) by a company all of whose shares are held by or on behalf of the Crown or by a wholly owned subsidiary of such a company.

(3) Subject to sub-paragraph (4) below, the amount to be notified is the aggregate of the following:–

(a) the consideration given when the property was first brought into public ownership, and

(b) the costs and expenses of and incidential to its being brought into public ownership.

(4) If it appears to the Secretary of State that there has been such a change in circumstances since the property was first brought into public ownership that its true value would not be reflected by reference to the consideration mentioned in sub-paragraph (3) above, the Secretary of State, with the Treasury’s approval, shall determine the amount to be notified.

(5) The rate of interest payable on the debt assumed by a corporation under this paragraph, and the date from which interest is to begin to accrue, the arrangements for paying off the principal, and the other terms of the debt shall be such as the Secretary of State, with the Treasury’s approval, may from time to time determine.

(6) Different rates and dates may be determined under sub-paragraph (5) above with respect to different portions of the debt.

(7) Any sums received by the Secretary of State under sub-paragraph (5) above shall be paid into the National Loans Fund.

Surplus funds

7

(1) Where it appears to the Secretary of State, after consultation with the Treasury and the corporation, that a corporation has a surplus, whether on capital or on revenue account, after making allowance by way of transfer to reserve or otherwise for its future requirements, the corporation shall, if the Secretary of State with the approval of the Treasury and after consultation with the corporation so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction.

(2) Any sum received by the Secretary of State under this paragraph shall, subject to sub-paragraph (4) below, be paid into the Consolidated Fund.

(3) The whole or part of any payment made to the Secretary of State by a corporation under sub-paragraph (1) above shall, if the Secretary of State with the Treasury’s approval so determines, be treated as made by way of repayment of such part of the principal of loans under paragraph 4(3) above, and as made in respect of the repayments due at such times, as may be so determined.

(4) Any sum treated under sub-paragraph (3) above as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.

Financial limits

8

(1) The aggregate amount of the sums mentioned in sub-paragraph (2) below (save as excepted by sub-paragraph (2A)) shall not exceed £30 million or such greater sum not exceeding £100 million as the Secretary of State may by order made by statutory instrument specify.

(2) The sums are—

(a) sums borrowed by all corporations under paragraph 4 above minus repayments made in respect of those sums; and

(b) sums issued by the Treasury in fulfilment of guarantees under paragraph 5 above of debts of all corporations.

(2A) But no sum which is—

(a) borrowed by, or issued in fulfilment of a guarantee of a debt of, a corporation for an urban development area in England, and

(b) borrowed or issued on or after the date on which section 179 of the Levelling-up and Regeneration Act 2023 comes into force,

is to count for the purposes of sub-paragraph (2)(a) or (b).

(3) No order under sub-paragraph (1) above shall have effect until approved by a resolution of the House of Commons.

Grants and loans: accounts

9

(1) The Secretary of State shall prepare in respect of each financial year an account—

(a) of the sums paid to corporations under paragraph 3 above,

(b) of the sums issued to him under paragraph 4(4) above and the sums received by him under paragraph 4(5) above and the disposal by him of those sums, and

(2) The Secretary of State shall send the account to the Comptroller and Auditor General before the end of the month of November next following the end of that year.

(3) The Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it and of his report before each House of Parliament.

(4) The form of the account and the manner of preparing it shall be such as the Treasury may direct.

Part III — General Accounts etc.

Accounts

10

–

(1) A corporation shall keep proper accounts and other records in relation to them.

(2) The accounts and records shall show, in respect of the financial year to which they relate, a true and fair view of the corporation’s activities.

(3) A corporation shall prepare in respect of each financial year a statement of accounts complying with any requirement which the Secretary of State has (with the Treasury’s consent) notified in writing to the corporation relating to—

(a) the information to be contained in the statement;

(b) the manner in which the information is to be presented; and

(4) Subject to any requirement notified to be corporation under sub-paragraph (3) above, in preparing any statement of accounts in accordance with that sub-paragraph the corporation shall follow, with respect to each of the matters specified in paragraphs (a) to (c) of that sub-paragraph, such course as may for the time being be approved by the Secretary of State with the Treasury’s consent.

10A

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

Audit

10B

(1) The Ebbsfleet Development Corporation shall send a copy of its accounts and statement of accounts for each financial year ending on or after 31st March 2018 to the Comptroller and Auditor General as soon as reasonably practicable after the end of that year.

(2) The Comptroller and Auditor General shall examine, certify and report on the accounts and statement received under sub-paragraph (1).

11

(1) The accounts and statements of accounts of a corporation to which paragraph 10B does not apply shall be audited by an auditor to be appointed annually by the Secretary of State in relation to the corporation.

(2) A person shall not be appointed under sub-paragraph (1) unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.

(3) A person shall not be qualified for appointment under sub-paragraph (1) above if the person is—

(a) a member, officer or servant of the corporation, ; or

(b) a partner of, or employed by, a member, officer or servant of the corporation, or

Transmission to Secretary of State

12

As soon as the accounts and statement of accounts of a corporation for any financial year have been audited under paragraph 10B(2) or 11(1), the corporation shall send to the Secretary of State a copy of the statement, together with—

(a) if the accounts and statement have been audited under paragraph 10B(2), a copy of the Comptroller and Auditor General’s report on the accounts and statement,

(b) if the accounts and statement have been audited under paragraph 11(1), a copy of any report made by the auditor on the accounts or on the statement.

Reports

13

(1) As soon as possible after the end of each financial year, a corporation shall make to the Secretary of State a report dealing generally with the corporation’s operations during the year, and shall include in the report a copy of its audited statement of accounts of that year.

(2) Without prejudice to the generality of sub-paragraph (1) above, a report under this paragraph shall deal with the operation during the year of the corporation’s arrangements for consultation about the exercise of its powers with local authorities the whole or any part of whose area is included in the urban development area.

(3) The Secretary of State shall lay before each House of Parliament—

(a) a copy of the report under this paragraph, and

(b) in the case of a corporation whose accounts and statement of accounts have been audited under paragraph 10B(2), a copy of the report sent to him under paragraph 12(a).

Information

14

Without prejudice to paragraph 13 above, a corporation shall provide the Secretary of State with such information relating to its undertaking as he may require, and for that purpose shall permit any person authorised by the Secretary of State to inspect and make copies of the accounts, books, documents or papers of the corporation and shall afford such explanation of them as that person or the Secretary of State may reasonably require.

SCHEDULE 32 — Enterprise Zones

Part I — Designation of Zones

Invitation to prepare scheme

1

(1) The bodies which may be invited to prepare a scheme under this Schedule are, in relation to England ...:—

(a) a district council;

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a London borough council;

(d) an urban development corporation.

(2) The bodies which may be invited to prepare a scheme under this Schedule are, in relation to Scotland:—

(a) a district or general planning authority within the meaning of section 172(4) of the 1973 Act;

(b) a new town corporation;

(3) The Secretary of State may invite any of the bodies to prepare a scheme relating to the development of an area falling within the district ..., borough, district or general planning authority area, new town area or urban development area (as the case may be) and send the scheme to him in accordance with this Schedule.

(4) The invitation shall be made with a view to the designation as an enterprise zone of the area for which the scheme may be prepared.

(5) The invitation—

(a) shall specify the area for which the scheme may be prepared;

(b) may contain directions as to the drawing up of the scheme (in particular, as to its form or content or any consultations to be made).

(6) The invitation may specify an area in which publicity is to be given under paragraph 2(2)(b) below.

(7) In this paragraph—

“new town area” means an area designated as the site of a new town by an order under section 1 of the New Towns Act 1981 or section 1 of the New Towns (Scotland) Act 1968;

“new town corporation” means a development corporation established under either of those Acts;

“urban development area” means an area designated as such under this Act;

“urban development corporation” means a corporation established as such under this Act.

2

(1) A body which receives an invitation may prepare a scheme in draft in accordance with the terms of the invitation.

(2) If it prepares a scheme under sub-paragraph (1) above, it shall take such steps as will in its opinion secure—

(a) that—

(i) if the area for which the scheme is to be prepared is within Greater London, adequate publicity is given to its provisions in Greater London;

(ii) if the area for which the scheme is to be prepared is in England ... but outside Greater London, adequate publicity is given to its provisions in the county in which the area is situated;

(iia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(iii) if the area for which the scheme is to be prepared is in Scotland, adequate publicity is given to its provisions in the region in which the area is situated; and

(b) that adequate publicity is also given to the provisions of the scheme in any area specified under paragraph 1(6) above;

(c) that persons who may be expected to want to make representations to the body with respect to the provisions are made aware that they are entitled to do so; and

(d) that such persons are given an adequate opportunity of making such representations within a period specified by the body (the specified period).

(3) The body shall consider any representation–

(a) which is made to it within the specified period, and

(b) which is made on the ground that all or part of the development specified in the scheme should not be granted planning permission in accordance with the terms of the scheme.

Adoption of scheme

3

(1) After the expiry of the specified period or, if any representations falling within paragraph 2(3) above have been made, after considering them, the body may adopt the scheme by resolution.

(2) The scheme adopted may be the scheme prepared in draft or, subject to sub-paragraph (3) below, that scheme as modified to take account of any such representation or any matter arising out of the representation.

(3) A scheme may not be modified in any way inconsistent with the Secretary of State’s invitation under paragraph 1 above.

(4) As soon as practicable after adopting a scheme under this Schedule, the body shall—

(a) send a copy of the scheme to the Secretary of State,

(b) deposit a copy of the scheme at its principal office, and

(5) Any member of the public may inspect the copy so deposited, and make copies of or extracts from it, at any reasonable time without payment.

(6) The body shall make available copies of the scheme, at a reasonable cost, to any member of the public.

(7) The advertisement shall contain—

(a) a statement that the scheme has been adopted;

(b) a statement that a copy of the scheme can be inspected without payment;

(d) a statement that, if the Secretary of State makes an order designating the area to which the scheme relates as an enterprise zone, the order will have effect to grant planning permission in accordance with the scheme.

(8) The advertisement shall be published—

(a) in the London Gazette or, if the scheme relates to an area in Scotland, the Edinburgh Gazette; and

(b) on at least two occasions, in a newspaper circulating in the area to which the scheme relates.

Questioning scheme’s validity

4

(1) If a person is aggrieved by a scheme adopted by a body under this Schedule and he wishes to question its validity on the ground that it is not within the powers conferred by this Schedule, or that any requirement of this Schedule has not been complied with, he may within the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above make an application under this paragraph to the High Court or, if the scheme relates to an area in Scotland, the Court of Session.

(2) On such an application the High Court or the Court of Session, if satisfied—

(a) that the scheme is wholly or to any extent outside the powers conferred by this Schedule, or

(b) that the interests of the applicant would be substantially prejudiced by the failure to comply with any requirement of this Schedule if an order were made under this Schedule designating the area to which the scheme relates as an enterprise zone,

may order that the Secretary of State shall not make an order under this Schedule designating the area as an enterprise zone in pursuance of the scheme, but (in a case where sub-paragraph) (b) above applies) may further order that, if steps are taken to comply with the requirement concerned, an order may be made designating the area.

(3) No order made by the Court under sub-paragraph (2) above prejudices the making of an order under this Schedule designating the area as an enterprise zone in pursuance of another scheme (so long as this Schedule is complied with).

(4) Except as provided by this paragraph, the validity of a scheme adopted under this Schedule shall not be questioned in any legal proceedings whatsoever.

Designation of enterprise zone

5

(1) If a body adopts a scheme under this Schedule, the Secretary of State may (if he thinks it expedient to do so) by order designate the area to which scheme relates as an enterprise zone.

(2) No order may be made until—

(a) the expiry of the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above, or

(b) if an application in relation to the scheme is made under paragraph 4(1) above, the time at which any proceedings arising out of the application are disposed of,

whichever is the later.

(3) The power to make the order shall be exercisable—

(a) by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, and

(b) only with the Treasury’s consent.

(4) The order shall—

(a) specify the date of the designation taking effect (the effective date);

(b) specify the period for which the area is to remain an enterprise zone;

(d) designate as the enterprise zone authority the body which was invited to prepare the scheme.

(5) The power to amend orders conferred by section 14 of the Interpretation Act 1978 does not include power to amend an order made under this paragraph.

(6) The power to revoke orders conferred by that section does not include power to revoke an order made under this paragraph before the expiry of the period mentioned in sub-paragraph (4)(b) above.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In the following provisions of this Schedule references to a scheme are, in relation to an area designated as an enterprise zone under this paragraph, to the scheme adopted for the area under paragraph 3(1) above.

Publicity of designation

6

(1) As soon as practicable after the making of an order under paragraph 5 above, the body which adopted the scheme shall publish an advertisement in accordance with sub-paragraphs (2) and (3) below.

(2) The advertisement shall contain—

(a) a statement that the order has been made and will have effect to make the area an enterprise zone; and

(b) a statement that a copy of the scheme can be inspected without payment and a statement of the address where and times when it can be inspected.

(3) The advertisement shall be published—

(a) in the London Gazette, or, if the scheme relates to an area in Scotland, the Edinburgh Gazette; and

(b) on at least two occasions, in a newspaper circulating in the area to which the scheme relates.

Right of entry

7

(1) Any person duly authorised in writing by a body which has been invited to prepare a scheme under this Schedule may at any reasonable time enter any land in the area to which the scheme relates (or could relate) for the purpose of surveying the land in connection with the preparation or adoption of a scheme under this Schedule.

(2) In relation to England ..., subsection (8) of section 324 and section 325 of the 1990 Act (giving of notice, compensation for damage, etc.) shall apply in relation to sub-paragraph (1) above as they apply in relation to section 324.

(3) In relation to Scotland, subsection (6) of section 269 and section 270of the 1997 Act (giving of notice, compensation for damage, etc.) shall apply in relation to sub-paragraph (1) above as they apply in relation to section 269.

Acts referred to in Part I

8

In this Part of this Schedule—

“1990 Act” means the Town and Country Planning Act 1990

“1997 Act” means the Town and Country Planning (Scotland) Act 1997;

“1973 Act” means the Local Government (Scotland) Act 1973.

Part II — Modification of Scheme, Etc.

Modification of scheme

9

(1) Where an order has been made under paragraph 5 above, the Secretary of State may invite the enterprise zone authority to prepare modifications to the scheme.

(2) The invitation may contain directions as to the drawing up of the modifications (in particular, as to their form or content or any consultations to be made).

10

(1) The enterprise zone authority may prepare modifications to a scheme in draft in accordance with the terms of the invitation.

(2) Paragraphs 2(2) and (3), 3 and 4 above shall apply in relation to modifications to a scheme as they apply in relation to a scheme.

11

(1) If an enterprise zone authority adopts modifications to a scheme, the Secretary of State may (if he thinks it expedient to do so) notify the authority of his approval of them.

(2) No such notification may be given until—

(a) the expiry of the period of six weeks commencing with the first publication (whether in the London or Edinburgh Gazette or otherwise) under paragraph 3(8) above (as applied by paragraph 10 above); or

(b) if an application in relation to the scheme is made under paragraph 4(1) above (as so applied), the time at which any proceedings arising out of the application are disposed of,

whichever is the later.

(3) The notification shall specify the date of the modifications taking effect (the effective date of modification).

12

(1) As soon as practicable after the date of the notification, the enterprise zone authority shall publish an advertisement in accordance with sub-paragraphs (2) and (3) below.

(2) The advertisement shall contain—

(a) a statement that the Secretary of State has notified the authority of his approval of the modifictions; and

(b) a statement that a copy of the modifications can be inspected without payment; and

(3) The advertisement shall be published—

(a) in the London Gazette or, if the scheme relates to an enterprise zone in Scotland, the Edinburgh Gazette; and

(b) on at least two occasions, in a newspaper circulating in the enterprise zone.

13

The power to modify a scheme under the preceding provisions of this Part of this Schedule includes power wholly to replace a scheme.

14

In the following provisions of this Schedule references to a modified scheme are references to a scheme modified under this Part of this Schedule.

Modification of orders by Secretary of State

15

(1) Subject to sub-paragraph (3) below, the Secretary of State may (if he thinks it expedient to do so) by order modify any order made under paragraph 5 above.

(2) Without prejudice to the generality of sub-paragraph (1) above, an order under this paragraph—

(a) may extend the period for which the zone is to remain an enterprise zone; and

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

(3) The power conferred by sub-paragraph (1) above does not include—

(a) power to alter the boundaries of an enterprise zone;

(b) power to designate a different enterprise zone authority for the zone; or

(4) The power to make an order under this paragraph shall be exercisable—

(a) by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, and

(b) only with Treasury’s consent.

(5) The power to amend orders conferred by section 14 of the Interpretation Act 1978 does not include power to amend an order made under this paragraph.

(6) The power to revoke orders conferred by that section does not include power to revoke any order made under this paragraph which extends the period for which a zone is to remain an enterprise zone before the expiry of the extended period.

Change of enterprise zone authority

16

(1) This paragraph applies where—

(a) the body designated as an enterprise zone authority is a new town corporation or an urban development corporation; and

(b) the Secretary of State intends to make an order dissolving that body under section 41 of the New Towns Order 1965 (or section 36 of the New Towns (Scotland) Act 1968 or under section 166 above.

(2) Where this paragraph applies, the Secretary of State may by order made by statutory instrument designate as the enterprise zone authority for the zone any body which he could have invited to prepare a scheme for the area comprised in the zone under paragraph 1 above.

(3) An order under this paragraph shall specify the date on which the body is to become the enterprise zone authority.

Part III — Planning

General

17

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

Amendments of 1971 Act

18

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

Amendments of 1972 Act

19

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

Enterprise zone authority as planning authority

20

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

21

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

22

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

Structure and local plans

23

Structure and local plans

24

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

Regulations

25

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

Interpretation

26

(1) In this part of this Schedule—

“planning enactment” means any provision of the 1990 Act, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990 or of the 1997Act, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or the Planning (Hazardous Substances) (Scotland) Act 1997 or of any instrument made under either of them;

“the 1990 Act” means the Town and Country Planning Act 1990

“the 1997 Act” means the Town and Country Planning (Scotland) Act 1997.

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

(2) Any expression used in this Part of this Schedule and to which a meaning is assigned—

(a) in relation to England and Wales, by the 1990 Act; or

(b) in relation to Scotland, by the 1997 Act,

has, in relation to England and Wales or, as the case may be, in relation to Scotland, the meaning so assigned to it.

Part IV — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V — Rates—Scotland

No rates on certain lands and heritages

33

(1) No person shall be liable to pay rates in respect of exempt lands and heritages as regards any period during which the area in which the lands and heritages are situated is designated as an enterprise zone.

Provided that where the lands and heritages are situated only partially within any one enterprise zone their value shall, for the purpose of determining what rates (if any) are payable in respect of the lands and heritages, be apportioned between so much of them as lies within, and so much of them as lies outwith, that zone as if—

(i) the apportionment were by reason of their extending into two or more rating areas; and

(ii) the boundary of the enterprise zone were the boundary of such an area.

(2) Lands and heritages are exempt lands and heritages for the purpose of this paragraph unless—

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

(b) the rateable values of the lands and heritages are prescribed under or determined by virtue of an order under section 6 of the Local Government (Scotland) Act 1975 (valuation by formula of certain lands and heritages),

(c) they are occupied by a public utility undertaking and the value of such lands and heritages falls to be ascertained by reference to the profits of the undertaking carried on therein.

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

(4) In this paragraph—

. . .

. . .

. . . ; and “rating area” means the area of a rating authority.

Grants to Compensate Rating Authorities for Loss of Revenue

34

(1) For the financial year 1995-96,The Secretary of State shall make grants to rating authorities who lose revenue in respect of the non-domestic sewerage rate from exempt lands and heritages in consequence of the provisions of this Part of this Schedule.

(2) Such grants shall be paid out of money provided by Parliament.

(3) Such grants shall be paid at such times as the Secretary of State may, with consent of the Treasury, determine.

(4) A grant to a rating authority under this paragraph shall be of such an amount as will fully compensate the authority for the lost revenue mentioned in sub-paragraph (1) above.

Supplementary

35

This Part of this Schedule applies only to Scotland.

SCHEDULE 33 — Minor and Consequential Amendments

Commissioners of Works Act 1894 (c. 23)

1

(1) Section 1 of the Commissioners of Works Act 1894 shall continue to be amended as mentioned in this paragraph, notwithstanding the repeal by this Act of paragraph 2 of Schedule 10 to the Community Land Act 1975.

(2) For subsection (1) of section 1 of the said Act of 1894 (which applies the Land Clauses Acts to acquisitions under the Commissioners of Works Act 1852), there shall in relation to England and Wales by substituted the following subsection—

(1) For the purpose of purchase of land by the Secretary of State under the Commissioners of Works Act 1852, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply. In the said Part I as so applied the word “land” means (except where the context otherwise requires) any corporeal hereditament, including a building, in relation to the acquisition of land under the said Act of 1852, includes any interest in or right over land.

(3) For subsection (1) of section 1 of the said Act of 1894 there shall in relation to Scotland by substituted the following subsection—

(1) For the purpose of the purchase of land by the Secretary of State under the Commissioners of Works Act 1852, the Lands Clauses Acts (except so much thereof as relates to the acquisition 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 Railway Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923) are hereby incorporated with the said Act of 1852, and, in construing those Acts for the purposes of the said Act of 1852, that Act shall be deemed to be the special Act and the Secretary of State shall be deemed to be the promoter of the undertaking or company, as the case may require. In relation to the acquisition of land under the said Act of 1852, “land” includes any interest in or right over land.

(4) This paragraph shall have effect only in relation to agreements entered into after 12 December 1975.

Agricultural Land (Utilisation) Act 1931 (c. 41)

2

The following subsections shall be added after section 12(1) of the Agricultural Land (Utilisation) Act 1931 (power of county councils to provide cottage holdings)—

(1A) If the tenant of a cottage holding feels aggreived by a prohibition such as is mentioned in the proviso to section 47(1) of the Small Holdings and Allotments Act 1908 (prohibition of improvements), he may appeal to the Minister of Agriculture, Fisheries and Food, who may confirm, vary or annul the prohibition, and the decision of the Minister shall be final.

Lands Tribunal Act 1949 (c. 42)

3

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

Landlord and Tenant Act 1954 (c. 56)

4

(1) In subsection (2) of section 37 of the Landlord and Tenant Act 1954 (compensation where order for new tenancy precluded on certain grounds) the words “ the product of the appropriate multiplier and ” shall be inserted after the word “be" in paragraphs (a) and (b).

(2) The following subsections shall be added after subsection (7) of that section :—

(8) In subsection (2) of this section “the appropriate multiplier” means such multiplier as the Secretary of State may by order made by statutory instrument prescribe. (9) A statutory instrument containing an order under subsection (8) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Land Compensation Act 1961 (c. 33)

5

(1) Sections ... 19(3) of the Land Compensation Act 1961 shall continue to be amended as mentioned in this paragraph notiwithstanding the repeal by this Act of paragraph 4(1) to (3) and (5) of Schedule 10 to the Community Land Act 1975.

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

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

(4) In section 19(3) of the Land Compensation Act 1961 (extension of sections 17 and 18 to special cases) there shall be substituted for the words “paragraph (a)" the words “paragraphs (a) and (b)” and for the words “paragraph (b)" the words “paragraph (c)”.

(5) Sub-paragraphs (3) and (4) abvoe shall have effect only in relation to applications, or certificates issued in pursuance of applications made after 12 December 1975.

6

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

Land Compensation (Scotland) Act 1963 (c. 51)

7

(1) Sections 9(2), 23(5) and 27(5) of the Land Compensation (Scotland) Act 1963 shall continue to be amended as mentioned in this paragraph notwithstanding the repeal by this Act paragraph 5(1) to (3) and (5) of Schedule 10 to the Community Land Act 1975.

(2) At the end of section 9(2) of the Land Compensation (Scotland) Act 1963 (tribunal to sit in public) there shall be added—

Provided that this subsection shall not prevent the determination of cases without an oral hearing pursuant to rules under section 3 of the Lands Tribunal Act 1949.

(3) In section 23(5) of the Land Compensation (Scotland) Act 1963 (assumptions as to planning permission) for the words “might reasonably have been expected to be" there shall be substituted the words “ would have been ” and after the word “thereof" there shall be inserted the words “ if it were not proposed to be acquired by any authority possessing compulsory purchase powers ”.

(4) In section 27(5) of the Land Compensation (Scotland) Act 1963 (extension of sections 25 and 26 to special cases) there shall be substituted for the words “section 25(3)(a)" the words “ subsection (3)(a) and (b) of section 25 ” and for the words “subsection (3)(b)" the words “ subsection (3)(c) ”.

(5) Sub-paragrapphs (3) and (4) abvoe shall have effect only in relation to application to applications, or certificates isued in pursuance of applications, made after 12 December 1975.

(6) In Schedule 2 to the Land Compensation (Scotland) Act 1963 (acquisition of houses as being unfit for human habitation) at the end of paragraph 1(1) there shall be added

or (h) an acquisition by means of an order under section 141 of the Local Government, Planning and Land Act 1980 vesting land in an urban development corporation; or (i) an acquisition by such a corporation under section 142 of that Act.

8

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

9

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

12

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

Local Government Act 1972 (c. 70)

13

(1) Paragraph 55 of Schedule 16 to the Local Government Act 1972 shall continue to be amended as mentioned in this paragraph, notwithstanding the repeal by this Act of paragraph 8(2) of Schedule 10 to the Community Land Act 1975.

(2) In the said paragraph 55 (which makes provision as to the exercise of functions under section 17 of the Land Compensation Act 1961 elsewhere than in Greater London) for the words “might reasonably have been expected to be granted", in both places where they occur, there shall be substituted the words “ would have been granted if the land in question were not proposed to be acquired by any authority possessing compulsory purchase powers. ”

Housing Act 1980 (c. 51)

14

In Schedule 5 to the Housing Act 1980 (application of Landlord and Tenant Act 1954 to assured tenancies) the following paragraph shall be inserted after paragraph 7:—

(7A) The power to prescribe a multiplier conferred by subsection (8) of that section includes a power to prescribe a multiplier in relation to assured tenancies different from that prescribed in relation to other tenancies to which Part II of the Landlord and Tenant Act 1954 applies.

SCHEDULE 34 — Repeals

Part I — Repeals Consequential on Section 1(1)—Various Controls

Chapter	Short title	Extent of repeal
12, 13 & 14 Geo. 6. c. 55	Prevention of Damage by Pests Act 1949.	Section 2(2).
		Section 12(1).
		In section 21(1) the words “to give general directions under section twelve of this Act and".
14 & 15 Geo. 6. c. 63.	Rag Flock and Other Filling Materials Act 1951.	Section 6(5) and (6).
		Section 7(5) and (6).
		Section 15(5).
		Section 27.
4 & 5 Eliz. 2. c. 16.	Food and Drugs Act 1955.	Section 99(2).
		In section 109, in subsection (2) the words “Subject to the next following subsection," and subsection (3).
1970 c. 40.	Agriculture Act 1970.	Section 67(7).
		Section 80(2), (3) and (4).
		Section 86(8).
1972 c. 70.	Local Government Act 1972.	Section 138(2).
1974 c. 3.	Slaughterhouses Act 1974.	Section 2(6) and (7).
		In section 12(1) the words “and shall if so required by the Minister".
		In section 16(1)(a) the words “and shall if so required by the Minister".

Part II — Repeals Consequential on Section 1(2)—Clean Air and Pollution

Chapter	Short title	Extent of repeal
4 & 5 Eliz. 2 c. 52.	Clean Air Act 1956	Section 4.
		In section 6, subsection (3), and in subsection (5) the words “under subsection (3) or".
		In section 11, in subsection (1) the words “confirmed by the Minister", in subsection (5) the words “and confirmed" (in both places where they occur) and in subsection (6) the words “confirmation and".
		In section 12(2) the words “and confirmed".
		In section 31(6), the words from “or", in the second place where it occurs, to the end in their application to England and Wales.
		Section 35(4).
1964 c. 56.	Housing Act 1964.	In section 95, in subsection (2), the words “as confirmed" and the words “then, if the order is confirmed," and subsection (2A).
1968 c. 62.	Clean Air Act 1968.	Section 4(3).
		Section 6(3).
		In section 10, subsections (1) to (4).
		In section 12(1) the words “14 or".
		Section 14(3).
1974 c. 40.	Control of Pollution Act 1974.	In section 2, in subsection (2), the words from “but provision may bemade by regulations" to the end, in subsection (3)(a)(vi) the words “and such other persons as may be prescribed", and subsection (7).
		In section 5, in subsection (1), the words “and include such information as is prescribed", in subsection (2) the words from “but provision may bemade by regulations" to the end, in subsection (4)(a) the words “and to any other prescribed person", in subsection (4)(b) the words “or person" (in each place where they occur), in subsection (5)(a) the words “and (iii) any other prescribed person", and in subsection (5)(b) the words “or person" (in each place where they occur).
		In section 6, in subsection (1) the words “as to the conditions which are not to be specified in a disposal licence, and", and in subsection (2) the words “Subject to regulations made in pursuance of the preceding subsection".
		In section 11, in subsection (3), paragraph (b) and in paragraph (c) the words “and to any other prescribed person" in subsection (4)(a) the words “and to any other prescribed person", and, in subsection (6), paragraph (b) and the word “and" immediately preceding it.
		In section 23, subsection (3) and, in subsection (4), the word “also".
		In section 28(1) the words “in the prescribed form".
		In section 63, in subsection (1) the words “confirmed by the Secretary of State", in subsection (3) the words “and confirmed" (in both places where they occur), and in subsection (4) the words “confirmation and".
		Section 73(2)(a).
		In section 79(5) the words “or with the consent of the Secretary of State".
		In Schedule 3, paragraph 22.

Part III — Repeals Consequential on Section 1(3)—Amenity Etc.

Chapter	Short title	Extent of repeal
39 & 40 Vict. c. 56.	Commons Act 1876.	Section 8.
62 & 63 Vict. c. 30.	Commons Act 1899.	In section 2, the second sentence.
		In section 12 the words “and subject to the approval of the Local Government Board".
12, 13 & 14 Geo. 6. c. 97.	National Parks and Acess to the Countryside Act 1949.	Section 37.
		In section 61(3) paragraph (b) of the proviso.
		Section 62(4).
	Section 79.	Section 79.
		In section 80(3) the words “made with the approval of the Minister".
1968 c. 41.	Countryside Act 1968.	Section 17.
1978 c. 3.	Refuse Disposal (Amenity) Act 1978.	In section 3(2) the words “in the prescribed manner" and the words “in the prescribed manner and".
		Section 4(4).
		In section 6(2) the words “in the prescribed manner" and the words “in the prescribed manner and".

Part IV — Repeals Consequential on Section 1(4)—Weights and Measures and Trade

Chapter	Short title	Extent of repeal
14 Geo. 6. c. 28.	Shops Act 1950.	In section 8(1) the words “and confirmed by the Secretary of State in manner provided in this Act".
		In section 9, in subsection (2), the words from “and the order" to the end, and subsection (3).
		Section 10.
1963 c. 31.	Weights and Measures Act 1963.	In section 5(1A) the words “with the approval of the Secretary of State".
		In section 39, subsections (3), (4) and (5).
		In section 41(2) the words from “and notice" to the end.
1968 c. 29.	Trade Descriptions Act 1968.	Section 26(3) and (4).
1974 c. 39.	Consumer Credit Act 1974.	Section 161(4), (5) and (6).
1979 c. 38.	Estate Agents Act 1979.	Section 26(5), (6), (7) and (8).
1979 c. 45.	Weights and Measures Act 1979.	In section 1(8)(a) the words from “and for the payment" to the end.
		In section 4(3) the words from “to the investigation of a complaint" to “are not being properly discharged" the words “in sections 38(1)" and the words “39(3) the references".

Part V — Repeals Consequential on Section 1(5)—Allotments

Chapter	Short title	Extent of repeal
8 Edw. 7. c. 36.	Small Holdings and Allotments Act 1908.	In section 28(3) the words “Rules under this section" to the end.
		In section 32(2) the words “and which is approved by the Local Government Board".
		In the proviso to section 47(1) the words from “but, if the tenant feels aggreived" to the end.
		In section 49(2) the words “with the consent of, and subject to regulations made by, the Local Government Board".
		Section 54.
		Section 59.
9 & 10 Geo. 5. c. 59.	Land Settlement (Facilities) Act 1919.	In section 22(1) the words from “with the consent" to “may impose".
12 & 13 GGeo. 5. c. 51.	Allotments Act 1922.	Section 20.
15 & 16 Geo. 5. c. 61.	Allotments Act 1925.	Section 13.

PART VI — Repeals Consequential on Section 1(6)—Charges and Rates of Interest Etc.

Chapter	Short title	Extent of repeal
26 Geo. 5 & 1 Edw. 8. c. 49.	Public Health Act 1936.	In section 291(3), the proviso.
5 & 6 Eliz. 2. c. 56.	Housing Act 1957.	Section 10(6).
9 & 10 Eliz. 2. c. 65.	Housing Act 1961.	Section 18(8).
1964 c. 75.	Public Libraries and Museums Act 1964.	In section 8(2), the words “not exceeding such amount as may be specified in that behalf by the Secretary of State".
1966 c. 42.	Local Government Act 1966.	In Schedule 3, in Part II, paragraphs 7, 15 and 32.
1966 c. 51.	Local Government (Scotland) Act 1966.	In Schedule 4, in Part II, paragraphs 13 and 22.
1968 c. 54.	Theatres Act 1968.	In Schedule 1, in paragraph 3, sub-paragraphs (2) and (3).
1972 c. 70.	Local Government Act 1972.	Section 171.
1972 c. xl.	Greater London Council (General Powers) Act 1972.	Section 19(6)(c).
1973 c. 60.	Breeding of Dogs Act 1973.	Section 1(3).
1973 c. 65.	Local Government (Scotland) Act 1973.	In section 121(1) the words “section 10(2) of the Coast Protection Act 1949" and “section 23(5) of the Mines and Quarries (Tips) Act 1969".
1974 c. 44.	Housing Act 1974.	Section 76(6).

Part VII — Repeals Consequential on Section 1(7)—Highways

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