New Towns Act 1981

• (4) Where by virtue of an order under section 6 above a development corporation discharges functions in relation to more than one new town, the appropriate national authority may make an order under subsection (1) above in relation—

• (a) to that corporation, and

• (b) to any of those towns without the other or others,

as if the corporation were not concerned with the other or others, but without providing for the dissolution of the corporation.

• (5) In the case of any such order, Schedule 10 shall apply subject to such modifications as may be provided by the order for the purpose in particular of determining what part of the corporation’s property, rights, liabilities and obligations is to be transferred to the relevant transferee.

Part III — . . .

Transfer and management of housing under this Part

Transfer of housing and associated property to district councils

42

• (1) A scheme may be made in accordance with and subject to this Part of this Act providing for the transfer from a new town corporation of their interest in any dwellings of a new town and any of their associated property, rights, liabilities and obligations to the council of the district in which the dwellings are situated or any adjoining district.

• (2) In this Part, except where the context otherwise requires—

• " transfer scheme " means a scheme under this section,

• " transferred dwellings " and " transferred land " mean respectively dwellings and land an interest in which is transferred or proposed to be transferred by any transfer scheme,

• " transferred ", in relation to other property or any rights, liabilities or obligations, means transferred or proposed to be transferred by any transfer scheme,

and cognate expressions shall be construed accordingly.

• (3) The following property, rights, liabilities and obligations of a new town corporation shall be treated for the purposes of this Part as associated with any transferred dwellings in which they have or had an interest—

• (a) any interest of the corporation in any land occupied or set aside for occupation or use with a transferred dwelling;

• (b) any interest of the corporation in land in the vicinity of transferred dwellings which is held by them for the benefit or use of the occupiers or other inhabitants of those dwellings (rather than the inhabitants of the new town as a whole) or for providing facilities for the inhabitants of those dwellings, and any other property and any rights of the corporation so held;

• (c) any property and rights held by the corporation for the administration of an estate comprising any transferred dwellings or other transferred land or the maintenance or service of any transferred dwellings or other transferred land, or otherwise in connection with any transferred property;

• (d) any rights, liabilities and obligations which the corporation have in connection with any transferred dwellings or other transferred property or rights or in connection with any dwellings of the new town in which the corporation have disposed of their interest;

• (e) any interest of the corporation in land awaiting development as part of an estate comprising any transferred dwellings or other transferred land and set aside by the corporation for the erection of dwellings or for the erection of any other buildings for any purpose mentioned in paragraph (b) or (c) above ;

• (f) any interest of the corporation in land set aside by them as an open space for the use or enjoyment of the occupiers or other inhabitants of any transferred dwellings;

• (g) any property, rights, liabilities or obligations of the corporation prescribed by the Secretary of State by order as being of a description which it is appropriate in his opinion to transfer with any property, rights, liabilities or obligations mentioned in any of the foregoing paragraphs.

Consultation with a view to transfer schemes

43

• (1) Where one of the conditions mentioned in subsection (2) below is satisfied with respect to a new town, the Secretary of State may give directions—

• (a) to the new town corporation for the town, and

• (b) to the council of any district within which any part of the area of the new town is situated,

requiring them to enter into consultations—

• (i) with him,

• (ii) with each other, and

• (iii) with the council of any other district within which any part of the area of the new town or any dwellings of the new town or any associated property is or are situated,

with a view to a transfer scheme being made in respect of the new town by the new town corporation and the council to whom the directions are given.

• (2) Those conditions are—

• (a) an order has been made before 15th November 1976 with respect to the new town under section 41 of the New Towns Act 1965, transferring the property of its development corporation to the Commission;

• (b) the site of the new town was first designated not less than 15 years before the date of the directions under this section;

• (c) the Secretary of State has, after consulting the new town corporation for the town concerned, formed the opinion that the development of the new town has been substantially completed or that the carrying out of a transfer scheme would not be detrimental to the laying out of the new town or the completion of its development.

• (3) Where—

• (a) the site of a new town was first designated not less than 15 years before a request under this subsection, but

• (b) no directions have been given with respect to the new town under this section,

the new town corporation or the council of any district within which any part of the area of the town is situated may request the other and the Secretary of State to enter into consultations with a view to a transfer scheme being made in respect of the new town by the corporation and the council.

• (4) The corporation and the council and the Secretary of State shall then enter into such consultations—

• (a) with each other, and

• (b) with the council of any other district within which any part of the area of the new town or any dwellings of the new town or any associated property is or are situated.

Preparation and contents of transfer schemes

44

• (1) If after any consultations under section 43 above with respect to a new town it appears to the Secretary of State that it is expedient for the new town corporation and a district council to whom directions have been given or by or to whom a request has been made under that section to make a transfer scheme, he may, subject to the following provisions of this Part of this Act, give directions as provided in subsection (2) below.

• (2) The Secretary of State may accordingly direct the corporation and the council to make and submit to him within a specified time—

• (a) a transfer scheme, or

• (b) where one has already been made, a further transfer scheme with respect to the new town, providing for the transfer to the council—

• (i) of the corporation's interest in all or any of the dwellings of the new town ; and

• (ii) of any of the corporation's associated property, rights, liabilities and obligations.

• (3) In determining what land should or should not be transferred by a transfer scheme the Secretary of State and the parties making the scheme shall have regard to the need for facilitating proper estate management, after the vesting of the transferred land, both of that land and of any other land in its vicinity.

• (4) Directions under this section shall, unless they state that in the Secretary of State's opinion it is not appropriate for the corporation and the council concerned to enter into management arrangements with respect to any land in the new town, require the corporation and council to include in the scheme management arrangements, that is, arrangements for the management by the council—

• (a) subject to subsection (5) below, of all those dwellings within their district or any adjoining district which are not transferred, but in which the corporation have an interest for the time being, and

• (b) if the parties think fit, of any other land not transferred in which the corporation have an interest for the time being and which in the interests of proper estate management it is expedient should be managed together with those dwellings.

• (5) The parties may exclude any dwelling from management arrangements if in their opinion it is unlikely that the dwelling will be transferred by a subsequent transfer scheme or there are other special reasons for its exclusion.

• (6) Directions under this section may—

• (a) specify any dwellings of a new town, or a number or description of such dwellings, which in the Secretary of State's opinion should be excluded from transfer on the ground that the new town corporation's interest in them should be disposed of to some person other than the district council;

• (b) in the case of directions which do not require the transfer of a new town corporation's interest in all the dwellings of the new town to a district council, specify the dwellings or description of dwellings which must be transferred; and

• (c) require the inclusion in the transfer scheme of any description of provisions which are authorised to be so included by any enactment contained in this Part other than this subsection.

• (7) A transfer scheme shall—

• (a) specify the dwellings and other property transferred, any transferred rights, liabilities and obligations and any land which is the subject of any management arrangements, describing them sufficiently to enable them to be readily identified and, in the case of land and of any rights in, under or over land which it is reasonably practicable to indicate on or by reference to a map, indicating the land itself and the rights on or by reference to a map;

• (b) confer on the new town corporation a right to nominate tenants of dwellings of the district council (whether transferred or not and including any which are the subject of management arrangements) and specify the number or proportion of dwellings in respect of which the right is so conferred and, where it is so conferred on the Commission, the period for which it is to be exercisable ;

• (c) state the method for determining the payments falling to be made by the district council under section 50(2) below; and

• (d) contain relevant information about the effect of the scheme on the existing staff of the parties concerned and state proposals for staffing arrangements immediately after the transfer scheme comes into force and the protection of existing staff.

• (8) A transfer scheme may include such incidental, consequential, transitional or supplemental provisions as may appear to the parties making tie scheme to be necessary or proper.

County councils to be informed of proposed transfer schemes

45

A new town corporation and any district council to whom directions have been given under section 44 above to make a transfer scheme shall, before submitting it to the Secretary of State under section 46 below—

• (a) inform the council of each county in which there is any land proposed to be transferred by, or to be the subject of management arrangements included in, the scheme, or there is any part of the area of the new town, what that land is ; and

• (b) give each such county council a reasonable opportunity of commenting on the proposed scheme.

Procedure for making transfer schemes

46

• (1) A new town corporation and any district council to whom directions have been given under section 44 above to make a transfer scheme shall, subject to subsection (2) below, endeavour within the time specified in the directions to agree with each other on the provisions to be included in the proposed scheme and to prepare it and submit it to the Secretary of State.

• (2) The Secretary of State may on the application of the new town corporation or any district council to whom directions have been so given extend the time so specified.

• (3) Where a proposed transfer scheme is submitted to the Secretary of State by a new town corporation and a district council in pursuance of directions under section 44, then—

• (a) if it appears to the Secretary of State that the scheme substantially complies with the directions, he may, with the Treasury's consent but subject to subsection (7) below, approve the scheme, with or without modifications ; or

• (b) he may in any event reject it.

• (4) Where on consideration of any such scheme so submitted the Secretary of State approves the scheme without modifications or rejects it, he shall notify the corporation and council concerned of his decision.

• (5) Where on consideration of any such scheme so submitted the Secretary of State proposes to approve it with modifications, he shall notify the corporation and council concerned of the modifications which he proposes to make and shall give them an opportunity to comment on the proposed modifications and send them a copy of the scheme as finally approved.

• (6) Where—

• (a) any such scheme is not submitted to the Secretary of State within the requisite time (that is, the time specified in the directions under section 44 or that time as extended under this section), or

• (b) the Secretary of State rejects any such scheme submitted to him,

he may himself, with the Treasury's consent, make a transfer scheme which, subject to subsection (8) below, must be of a description which he has directed the corporation and council concerned to make ; but he shall—

• (i) first send them a draft of the scheme, and give them an opportunity of commenting on the draft, and

• (ii) also send them a copy of the scheme as finally made.

• (7) If—

• (a) any management arrangements included in a proposed transfer scheme submitted to the Secretary of State in pursuance of directions under section 44 appear to him to be unsatisfactory, or

• (b) a proposed transfer scheme so submitted which was required by any such directions to include management arrangements fails to include them,

he may, instead of approving the scheme (where he has power to do so) or rejecting it, with the Treasury's consent, refer it back to the corporation and council concerned and give them directions under section 44 to make and submit the scheme to him again within a specified time without any management arrangements.

• (8) If—

• (a) no proposed transfer scheme is submitted to the Secretary of State within the requisite time, or

• (b) he rejects a proposed transfer scheme so submitted which was required by directions under section 44 to include management arrangements and the ground of the rejection is that the scheme does not include any management arrangements or that any such arrangements so included appear to him to be unsatisfactory,

he may exercise his power of making a transfer scheme under subsection (6) above without including any management arrangements.

Effect of transfer schemes

47

• (1) A transfer scheme shall—

• (a) by virtue of this provision and without more, vest in the district council concerned the interest of the new town corporation in the transferred land and any of the corporation's rights, liabilities and obligations relating to that land and shall do so on a date specified in the scheme, being 1st April in the year in question; and

• (b) so far as it relates to any other matter, come into force on that date, except so far as may be otherwise provided by the scheme.

• (2) A transfer scheme approved or made by the Secretary of State shall—

• (a) so far as it transfers to a district council any land of the new town corporation or any of the corporation's rights, liabilities or obligations relating to land, have effect as an instrument under seal made between the corporation and the council,

• (b) so far as it relates to any other matter, have effect as an agreement for valuable consideration made by the corporation and council concerned,

and may be enforced accordingly, but, subject to subsection (3) below, may only be varied with the Secretary of State's approval.

• (3) The Secretary of State may, on or at any time after notifying the corporation or council concerned of his approval of a transfer scheme without modifications or, as the case may be, sending them a copy of the scheme as finally approved, give directions with the Treasury's consent that the corporation and council may vary the scheme in a specified manner, or vary any specified provisions or any specified description of provisions of the scheme, without his approval.

• (4) Any power of varying a transfer scheme does not include power—

• (a) to vary it so as to affect any title to land or any rights, liabilities or obligations relating to land; or

• (b) to include management arrangements in a scheme approved or made under section 46 above without management arrangements.

• (5) Where any proposed variations of a transfer scheme are submitted to the Secretary of State for his approval under subsection (2) above, he may, with the Treasury's consent, approve them with or without modifications or he may reject them, and shall in any event notify the corporation and council concerned of his decision.

• (6) Where an interest in buildings or other land is vested by a transfer scheme in a district council or buildings are or other land is managed by such a council in pursuance of management arrangements included in such a scheme, the buildings or other land shall be treated as having been provided or, as the case may be, acquired or appropriated under Part V of the Housing Act 1957, but—

• (a) the Secretary of State may direct that any land shall not be so treated if, in his opinion, it is inappropriate to do so; and

• (b) in relation to land so managed the council shall not have the powers conferred by sections 104 and 105 of that Act (disposal of houses so provided and land so acquired or appropriated).

• (7) Where an interest in land is so vested, any installations on other land which are transferred by the scheme and are of a kind which could have been provided under Part V of the Housing Act 1957 shall, unless the Secretary of State otherwise directs, be treated as having been so provided.

• (8) Without prejudice to subsection (6) above, where land is managed by a district council in pursuance of management arrangements, the council shall have all the powers, rights, liabilities and obligations of the new town corporation relating to the land, except—

• (a) the power to hold the corporation's interest in the land ;

• (b) any obligation to make repayments of capital or payments of interest in respect of loans ;

• (c) where the corporation in question are a development corporation, any powers, rights, liabilities and obligations which are certified by the corporation as being appropriate for them to retain in order to enable them to complete their function of laying out and developing the new town.

• (9) Where a person enters into a transaction with a district council relating to a power, right, liability or obligation certified by the corporation concerned under subsection (8)(c) above and with reasonable cause believes that the council have that power, right, liability or obligation, then—

• (a) the council shall be taken to enter into, and to be authorised by the corporation to enter into, the transaction as the corporation's agent; and

• (b) the corporation shall be entitled to be indemnified by the council for any loss suffered by the corporation as a result of their being taken, by virtue of paragraph (a) above, to be a principal in respect of any transaction.

• (10) As soon as reasonably practicable after being notified that a transfer scheme has been approved or made by the Secretary of State, the corporation and council concerned shall—

• (a) each deposit at their respective offices and at other convenient places in the town and district respectively an extract of the scheme (including the map) which specifies the transferred land, any transferred rights, liabilities or obligations relating to that land and any land which is the subject of management arrangements ; and

• (b) keep the extract so deposited for at least 6 weeks; and

• (c) while it is so deposited, permit any interested person to inspect and take copies of the extract, free of charge, at all reasonable hours.

Nomination of tenants for transferred and managed dwellings

48

• (1) A new town corporation's right of nominating tenants under a transfer scheme shall, subject to subsection (2) below, be such right as may be agreed between the parties to the scheme, or (in the case of a scheme made by the Secretary of State under section 46(6) above) as may be determined by him, to nominate tenants for a number or proportion of the dwellings provided (or treated by section 47(6) above as provided) by the district council concerned under Part V of the Housing Act 1957.

• (2) Subject to subsection (3) below, the corporation's right of nominating tenants shall be exercisable during the following period or periods—

• (a) where the corporation are a development corporation, a period beginning with the date on which their interest in the transferred dwellings vests in the district council and ending with the date which is the transfer date for the purposes of Schedule 10 to this Act;

• (b) where the corporation are the Commission and the dwellings in question were transferred from the development corporation to the district council, a period of 5 years beginning with that transfer date;

• (c) where the corporation are the Commission and the dwellings in question were transferred from them to the district council, the period of 5 years beginning with the date on which the Commission's interest in the transferred dwellings vests in the district council.

• (3) The Commission and the district council concerned may, with the Secretary of State's consent, agree to substitute a less period for the period of 5 years specified in paragraph (b) or, as the case may be, (c) of subsection (2) above.

Decision not to require transfer scheme

49

If after consultations with a new town corporation and a district council under section 43 above the Secretary of State determines not to give any directions under section 44 above with respect to a new town—

• (a) he shall notify the corporation and the council of his determination and the reasons for it;

• (b) he shall keep the development of the new town under review for the purposes of considering whether or not to give directions under section 43 with respect to further consultations under subsection (1) of that section ; and

• (c) the corporation or the council of any district within which any part of the area of the new town is situated may at any time after 3 years from the notification of the original determination make a request under section 43(3) with respect to such consultations as are mentioned in that subsection, and that subsection shall apply accordingly as it applies in a case where no directions have been given under section 43.

Financial arrangements as to transfer schemes

Financial arrangements

50

• (1) The following provisions of this section shall have effect where the interest of a new town corporation in any land is vested by a transfer scheme in a district council or land in which such a corporation have an interest is managed in pursuance of management arrangements included in such a scheme.

• (2) In each financial year the council shall pay the corporation a sum determined in accordance with a method specified in the scheme to be equal as nearly as practicable to the aggregate of the amounts payable by the corporation by way of repayment of capital and payment of interest in that year in respect of the relevant portion (for the time being determined) of the corporation's total capital loan debt (so determined).

• (3) For the purposes of paragraph 3(1)(a) of Schedule 1 to the Housing Finance Act 1972 (debits to Housing Revenue Account to include certain loan charges) the housing element of any sum paid in any financial year by the council under subsection (2) above shall be treated as a loan charge which they are liable to pay for that year in respect of money borrowed by them for the purpose of providing housing accommodation under Part V of the Housing Act 1957.

• (4) For the purposes of paragraph 2(1) of Schedule 1 to the Housing Rents and Subsidies Act 1975 (new capital costs element of housing subsidy) the housing element of the relevant portion of the corporation's total capital loan debt shall be treated as capital costs incurred by the district council.

• (5) The Secretary of State—

• (a) may, as respects the financial year at the beginning of which the corporation's interest in the transferred dwellings vests in the council, pay the council an increased basic element of housing subsidy under that Act of 1975 or, if the council would not be entitled to the basic element for that year, treat them as entitled to it;

• (b) if after the beginning of that year a particular parcel of land is managed by the council for the first time in pursuance of management arrangements, may, as respects the next financial year falling wholly after that event, increase the basic element.

• (6) Any amount paid to the council by virtue of subsection (5) above shall be such as appears to the Secretary of State to be appropriate; and if in any financial year the council receives any amount by way of basic element or of an increase in that element by virtue of that subsection, they shall be entitled, subject to paragraph 8 of Schedule 1 to that Act of 1975 (Secretary of State's power to reduce or discontinue a council's basic element), to receive that amount for each later financial year.

• (7) In this section "the relevant portion of the corporation's total capital loan debt" means such portion of that debt as the Secretary of State determines—

• (a) in the case of transferred buildings or other transferred land, it is reasonable to attribute to the provision of the buildings or provision or acquisition of the land and the provision of services in respect of such buildings or land,

• (b) in the case of buildings which are or other land which is managed by a district council in pursuance of management arrangements, it is reasonable to attribute to the provision of the buildings (including buildings for the time being in course of erection) or provision, acquisition or development of the land (including land for the time being in course of development) and the provision of services in respect of the buildings or land,

and " housing element", in relation to any sum or any portion of a debt, means so much of the sum or portion as is determined by the Secretary of State to relate to anything treated by virtue of section 47(6) or (7) above as having been provided, acquired or appropriated under Part V of the Housing Act 1957.

In this subsection "services" means roads, electricity, gas, water, sewerage and other services.

• (8) The power conferred by virtue of sections 152(3) and 153(4) of the Housing Act 1980 to bring into operation Schedule 26 to that Act (repeals) has effect as if that Schedule included references to subsections (4) to (6) above (which correspond to subsections (4) to (6) of section 9 of the New Towns (Amendment) Act 1976).

This subsection is without prejudice to section 17 of the Interpretation Act 1978.

Grants to district councils

51

• (1) Where it appears to the Secretary of State—

• (a) that the transfer of buildings or other land to a district council by a transfer scheme, or

• (b) that the inclusion of any land in management arrangements,

imposes or will impose a financial burden on the council, he may for the purpose of relieving that burden (whether wholly or partly) make grants to the council of amounts and for a period determined by him with the Treasury's consent.

• (2) The council shall carry any such grants to the credit of their Housing Revenue Account.

Information and determination of disputes as to transfer schemes

Information for occupiers

52

• (1) A new town corporation shall, as soon as practicable after directions have been given to them under section 44 above to make a transfer scheme, take such steps as they consider appropriate for drawing the attention of occupiers of buildings and other land in any area which is likely to be affected by the scheme to the possibility of the scheme and the way in which the scheme is likely to affect them.

• (2) As soon as practicable after a transfer scheme is approved or made by the Secretary of State the new town corporation whose land is transferred by the scheme or is the subject of management arrangements included in the scheme shall take such steps as they consider appropriate to secure that all occupiers of the land are informed of the way in which they are affected by the scheme or arrangements.

• (3) As soon as practicable after a transfer scheme is approved or made by the Secretary of State any district council to whom land is transferred by the scheme or by whom any land is to be managed in pursuance of management arrangements included in the scheme shall publish in at least one local newspaper circulating in the area of the new town a notice which—

• (a) states that the scheme has been approved or made and the date on which it was approved or made; and

• (b) specifies at least one place in that area where a document describing the scheme's provisions and identifying the property affected by the scheme or arrangements can be inspected.

Secretary of State's power to determine disputes

53

In the event of a dispute between a new town corporation and a district council as to the preparation, contents or implementation of a transfer scheme or any arrangements or agreement required or authorised to be made by this Part of this Act, either of them may refer the dispute to the Secretary of State, who may determine the dispute and whose determination shall be final.

Staff in relation to transfer schemes

Protection of employees

54

• (1) The Secretary of State shall make regulations containing such provisions as appear to him to be appropriate for the protection of the interests of any person who, on or after the approval or, as the case may be, making of a transfer scheme is in any employment with the new town corporation or district council concerned (the old employment) and is affected by the scheme.

• (2) As regards a person who as a result of a transfer scheme is, after the scheme comes into force, in new employment, that is, employment (whether with another of the parties to the scheme or the same employer) which is different from his old employment, regulations under this section shall include provision—

• (a) securing that, so long as he continues in the new employment and until he is served with a statement in writing referring to the regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable, taken as a whole, than those which he enjoyed immediately before the termination of the old employment;

• (b) securing that the said new terms and conditions are such that—

• (i) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the termination of the old employment, the scale of his salary or remuneration, and

• (ii) the other terms and conditions of his employment, are not less favourable, taken together, than those which he enjoyed immediately before the termination of the old employment.

• (3) Regulations under this section may include provision for the determination of questions arising under the regulations.

• (4) The Secretary of State shall make regulations under section 24 of the Superannuation Act 1972 (compensation for loss of office, etc., for persons in local government service, etc.) with respect to all persons to whom subsection (1) above applies and who suffer loss of employment, or loss or diminution of emoluments, as a result of a transfer scheme.

• (5) For the purposes of Schedule 13 to the Employment Protection (Consolidation) Act 1978 (as it applies for the purposes of computing an employee's period and continuity of employment for the purposes of that Act and any other enactment) in its application to a person who as a result of a transfer scheme is, after the scheme comes into force, in new employment with a different employer—

• (a) the period of his employment in the old employment shall count as a period of employment in the new employment; and

• (b) the change of employment shall not break the continuity of the period of employment.

• (6) For the purposes of section 94 of the Employment Protection (Consolidation) Act 1978 (change of ownership of business), in its application to such a person, the transfer of any land by a transfer scheme or the inclusion in such a scheme of management arrangements for any land shall (if it would not otherwise be so treated) be treated as a change occurring in the ownership of a business.

New Towns Staff Commission

55

• (1) The New Towns Staff Commission continues in being for the purpose of considering the general effect of transfer schemes on staff employed by new town corporations or district councils and advising the Secretary of State on the arrangements necessary to safeguard the interests of any such staff likely to be affected by such schemes.

• (2) If the Secretary of State accepts any advice given to him by the New Towns Staff Commission under this section which he thinks should be brought to the attention of all the relevant authorities (that is, every new town corporation and the council of every district within which any part of the area of a new town is situated) or of one or some of those authorities, he shall notify that Commission of his acceptance and shall direct them to take such steps as they consider appropriate to bring the advice and its acceptance to the attention of all the relevant authorities or, as the case may be, such of them as may be specified in the direction.

• (3) The Secretary of State may—

• (a) give directions to the New Towns Staff Commission with respect to their procedure ;

• (b) give directions to any new town corporation or district council with respect to the furnishing of any information requested by that Commission;

• (c) give directions to any relevant authority whose attention has been drawn to any advice under subsection (2) above requiring them to take such steps as may be specified in the directions to implement any of that advice so specified;

• (d) pay any member of that Commission such remuneration as the Secretary of State may determine with the approval of the Minister for the Civil Service;

• (e) defray any expenses incurred with the approval of the Secretary of State by that Commission in the performance of their functions ; and

• (f) wind up that Commission in such manner and at such time as the Secretary of State thinks fit.

Provisions supplemental to this Part

Development Board for Rural Wales

56

• (1) This Part of this Act applies in relation to the Development Board for Rural Wales (" the Board ") and any new town within the area for which the Board is responsible under the Development of Rural Wales Act 1976 as it applies to a new town corporation for any new town and that town, subject to the modifications specified in this section.

• (2) A dwelling is a " dwelling of a new town " if it is—

• (a) a dwelling (whether or not in the area of the new town concerned) erected, adapted or acquired by the Board for occupation as a dwelling, and

• (b) so erected, adapted or acquired for the purpose of developing any area of a new town or new town situated within the area for which the Board is responsible under that Act of 1976.

• (3) A transfer scheme shall, in addition to specifying under section 44(7)(b) above the number or proportion of dwellings in respect of which the right to nominate tenants is conferred by the scheme, specify the period for which the right is to be exercisable.

• (4) The Board's right under subsection (3) above shall only be exercisable during the period of 5 years beginning with the date on which the Board's interests in the transferred dwellings vest in the district council or such less period as may, with the Secretary of State's consent, be agreed between the Board and the council.

• (5) In relation to section 47 above—

• (a) the powers, rights, liabilities and obligations of the Board which are excepted by subsection (8) of that section from those which a district council are to have in relation to land managed under a transfer scheme include any powers, rights, liabilities and obligations which are certified by the Board as being appropriate for the Board to retain to enable them to complete their function of laying out and developing the new town; and

• (b) subsection (9) of that section shall apply as if the certificate had been given under subsection (8)(c).

Interpretation of Part III

57

In this Part of this Act, except where the context otherwise requires—

• " dwelling " means any building or part of a building occupied, or erected or adapted for occupation, as a dwelling or as a hostel (including any land belonging to it or usually enjoyed with it);

• " dwelling of a new town " means any dwelling (whether or not in the area of the new town concerned) erected, adapted or acquired by the new town corporation for occupation as a dwelling ;

• " management arrangements " means any arrangements made in pursuance of a requirement imposed by virtue of section 44(4) above ;

• " new town corporation " means a development corporation or the Commission;

• " transfer scheme" and other expressions relating to transfer have the meanings given to them by section 42 above.

Part IV — Finance

General financial provisions

Advances and grants to development corporations and Commission

58

• (1) For the purpose of enabling a development corporation—

• (a) to meet expenditure properly chargeable to capital account (including the provision of working capital), or

• (b) to make good to revenue account sums applied in meeting liabilities so chargeable,

the Secretary of State may (subject to section 60 below) make to the corporation advances repayable over such periods , carrying interest at such rates and on such other terms as may be approved by the Treasury.

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

• (3) It shall be a condition of the making of advances to a development corporation under subsection (1) above that the proposals for development submitted to the Secretary of State under section 7 above shall be approved by the Secretary of State with the Treasury’s concurrence as being likely to secure for the corporation a return which is reasonable, having regard to all the circumstances, when compared with the cost of carrying out those proposals.

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

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other borrowing powers of development corporations and Commission

59

• (1) A development corporation ... may borrow temporarily, by way of overdraft or otherwise, either—

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

• (b) with the Secretary of State’s consent and the Treasury’s approval, or in accordance with any general authority given by the Secretary of State with the Treasury’s approval, in any currency from any other person.

such sums as the development corporation may require for meeting its obligations or performing its functions.

• (2) With the consent of the Secretary of State and the Treasury’s approval, a development corporation ... may borrow, otherwise than by way of temporary loan—

• (a) in any currency from the Commission of the European Union or from the European Investment Bank, or

• (b) in any currency other than sterling from any person, other than the Secretary of State and the bodies mentioned in the preceding paragraph,

such sums as it may require for enabling it to meet expenditure properly chargeable to capital account (including the provision of working capital), or to make good to revenue account sums applied in meeting liabilities so chargeable.

Limit on borrowing by development corporations and Commission

60

• (1) The aggregate of the amounts outstanding in respect of the principal of the following sums (save as excepted by subsection (1A))—

• (a) the sums advanced to development corporations before the commencement of this Act under section 12(1) of the New Towns Act 1946 in its application to England and Wales or under section 42(1) of the New Towns Act 1965, and, after the commencement of this Act, under section 58(1) above, (which corresponds to those subsections),

• (b) the sums advanced to development corporations before the commencement of the New Towns (Scotland) Act 1968 under that section 12(1) in its application to Scotland (to which section 37(1) of that Act of 1968 corresponds) and, after the commencement of that Act of 1968, under that section 37(1); and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the sums borrowed by development corporations before the commencement of this Act under section 42A of that Act of 1965 and, after the commencement of this Act, under section 59 above (which corresponds to that section), or under section 37A of that Act of 1968,

shall not at any time exceed the limit imposed by or under subsection (2) and (3) below.

• (1A) No sum which—

• (a) is advanced to, or borrowed by, a development corporation established for the purposes of a new town in England, and

• (b) is advanced or borrowed 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 subsection (1)(a) or (d).

• (2) The said limit, except during the period specified in subsection (4) below, is £4,600 million or such greater sum not exceeding £5,250 million as the Secretary of State may by order specify.

• (3) No order shall be made under subsection (2) above unless a draft of the order has been laid before, and approved by resolution of, the House of Commons.

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

Provisions supplemental to s.58

61

• (1) The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as are necessary to enable him to make advances to a development corporation under section 58(1) above

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

• (2) Any sums received by the Secretary of State by way of repayment of or interest on advances under section 58(1)... shall be paid into the National Loans Fund.

• (3) The Secretary of State shall lay before each House of Parliament a statement of any sums payable to him by way of repayment of or interest on any such advances and not duly received by him.

Treasury guarantees

62

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

• (2) Immediately after a guarantee is given under this section, the Treasury shall lay a statement of the guarantee before each House of Parliament.

• (3) Where any sum is issued for fulfilling a guarantee so given, the Treasury shall, as soon as possible after the end of each financial year—

• (a) beginning with that in which the sum is issued, and

• (b) 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,

lay before each House of Parliament a statement relating to that sum.

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

• (5) If any sums are issued in fulfilment of a guarantee given under this section in respect of money borrowed by a development corporation, the corporation shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct—

• (a) payments, of such amounts as the Treasury may so direct, in or towards repayment of the sums so issued; and

• (b) payments of interest on what is outstanding for the time being in respect of amounts so issued at such rate as the Treasury may so direct.

• (6) Any sums received under subsection (5) above by the Treasury shall be paid into the Consolidated Fund.

Payments to Secretary of State

Secretary of State's general power

63

• (1) The Secretary of State may direct a development corporation ... to pay to him, on the date specified in the direction, such sum as is so specified, and any sum so received by him shall, subject to section 66(2) below, be paid into the Consolidated Fund.

• (2) Before giving a direction under this section the Secretary of State shall consult the corporation ....

• (3) The debt shall carry interest at the rate for the time being in force under section 32 of the Land Compensation Act 1961 ... from the date specified in the direction until payment.

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

Disposal of land to comply with direction under s. 63

64

• (1) Where, in order to comply with a direction under section 63 above, the corporation . . . considers it desirable to dispose of any land, it may do so by virtue of this section.

• (2) The power of disposal by virtue of this section may be exercised notwithstanding section 17(1) above and any implied restriction in Part I of this Act on the circumstances in which property of a development corporation may be disposed of, but otherwise must be exercised in accordance with the said Part I except that, before giving the corporation directions under section 5(2), the Secretary of State shall consult the corporation (unless he is satisfied that, on account of urgency, such consultation is impracticable.

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

Disposal of surplus funds

65

• (1) This section applies where it appears to the Secretary of State, after consultation with the Treasury and any development corporation, that the 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.

• (2) That corporation shall, if the Secretary of State after such consultation so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction, and any sum so received by him shall be paid into the Consolidated Fund, subject to section 66(2) below.

Payments under ss. 63 and 65 treated as repayments

66

• (1) The whole or part of any payment made to the Secretary of State under section 63 or section 65 above shall, if the Secretary of State with the Treasury’s approval so determines, be treated—

• (a) as made by way of repayment of such part of the principal of advances under section 58(1) above, and

• (b) as made in respect of the repayments due at such times, as may be so determined.

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

• (2) Any sum treated under subsection (1) as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.

Part V — General and Supplemental

Accounts and audit

Accounts of Commission and development corporations

67

• (1) ... every development corporation—

• (a) shall keep proper accounts and other records in relation to those accounts, and

• (b) shall ... prepare in respect of each financial year annual accounts in such form as the Secretary of State may with the Treasury’s approval direct, ...

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

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

• (2) The financial year ... of every development corporation shall begin with 1st April but, if the Secretary of State, with the approval of the Treasury, so directs in a case where a development corporation ... is to be dissolved, the final financial year of the corporation ... shall be such period as is specified in the direction, and references in this Act to a financial year in relation to a development corporation ... shall be construed accordingly.

• (3) Without prejudice to the generality of subsection (1) above, the Secretary of State may, with the Treasury’s approval, give directions to ... a development corporation as to—

• (a) the kind or number of accounts which it is to keep.

• (b) the amounts which are or are not to be credited or debited to any account,

• (c) the manner of rectifying any account,

• (d) provision for working balances,

and any such direction may be a general direction or a direction for a particular case.

Audit

68

• (1) The accounts ... of every development corporation 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 so appointed auditor unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.

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

• (3) As soon as the annual accounts of a development corporation for any financial year have been audited, the corporation shall send to the Secretary of State a copy of the accounts prepared by it for that year in accordance with this section, together with a copy of any report made by the auditor on those accounts.

Secretary of State's accounts

69

• (1) The Secretary of State shall prepare in respect of each financial year, in such form and manner and at such times as the Treasury may direct—

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

• (b) an account of the sums issued to him and advanced to a development corporation under this Act and of sums received by him from the development corporation and paid into the National Loans Fund in respect of the principal of and interest on sums so advanced.

...

• (2) On or before 30th November in each year, the Secretary of State shall transmit to the Comptroller and Auditor General—

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

• (b) the account prepared by him under subsection (1)(b) in respect of the last foregoing financial year,

and the Comptroller and Auditor General shall examine and certify every account so prepared by the Secretary of State and lay before each House of Parliament copies of each such account together with his report on it.

Reports and information

Reports

70

As soon as possible after the end of each financial year—

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

• (b) every development corporation shall make to the Secretary of State a report dealing generally with the operations of the corporation during that year, and shall include in the report a copy of their audited accounts for that year,

and the Secretary of State shall lay a copy of every such report ... of a development corporation before each House of Parliament.

Information

71

• (1) Without prejudice to the requirements imposed by section 70 above, every development corporation shall provide the Secretary of State with such information relating to its undertaking as the Secretary of State may from time to time require.

• (2) For that purpose ... every development corporation—

• (a) shall permit any person authorised by the Secretary of State in that behalf to inspect and copy the accounts, books, documents or papers of the corporation, and

• (b) shall afford such explanation of those accounts, books, documents or papers as that person or the Secretary of State may reasonably require.

Miscellaneous

Application and exclusion of certain enactments

72

• (1) Any property—

• (a) vested in any person by virtue of an order under section 40 or section 41 above transferring that property from a development corporation ..., or

• (b) of a new town corporation vested in a district council by a transfer scheme under Part III of this Act,

shall not be treated as so vested by way of sale for the purpose of section 12 of the Finance Act 1895 (stamp duty on certain statutory transfers by way of sale).

• (2) For the purposes of section 9 of the Acquisition of Land Act 1981 (which relates to the acquisition of inalienable land) this Act shall be deemed to have been passed before the commencement of that Act.

Rights of entry

73

• (1) Where an authority, being either a development corporation or a local highway authority or the Secretary of State, are—

• (a) authorised to acquire any land compulsorily under this Act, ...

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

any person, being an officer of the Valuation Office or a person authorised in writing by such authority, may at any reasonable time enter upon the land for the purpose of surveying it or estimating its value.

• (2) Any person, being an officer of the Valuation Office or a person authorised in writing by the Secretary of State, may at any reasonable time enter upon any land for the purpose of surveying it or estimating its value in connection with any proposals relating to the land submitted or to be submitted under section 7(1) above.

• (3) A person authorised under the foregoing provisions of this section to enter upon any land shall, if so required, produce evidence of his authority before 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.

• (4) Any person who obstructs a person acting in the exercise of his powers under this section shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Local inquiries

74

• (1) The Secretary of State or any other Minister may, for the purposes of the exercise of any of his functions under this Act, and subject to the following provisions of this section, cause to be held—

• (a) such local inquiries as are directed by this Act, and

• (b) such other local inquiries as he may think fit.

• (2) The following subsections of section 250 of the Local Government Act 1972 apply to inquiries held in pursuance of this Act as they apply to inquiries held under that section—

• (a) subsections (2), (3) and (5) of that section (which relate to the giving of evidence at, and the costs of parties to, local inquiries), and

• (b) except as regards an inquiry held for the purposes of the exercise of the Secretary of State’s functions under any of the provisions of this Act specified in subsection (3) below, subsection (4) of that section (which relates to recovery of the costs of holding local inquiries).

• (3) The provisions of this Act referred to in subsection (2) above are— sections 40 and 41 and Schedule 10

• (4) This section is without prejudice to any other enactment authorising the holding of local inquiries.

Service of notices

75

• (1) Subject to the provisions of this section, any notice or other document required or authorised to be served or given under this Act may be served or given either—

• (a) by delivering it to the person on whom it is to be served or to whom it is to be given; or

• (b) by leaving it at the usual or last known place of abode of that person, or, in a case where an address for service has been given by that person, at that address; or

• (c) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode, or, in a case where an address for service has been given by that person, at that address; or

• (d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

• (2) Where the notice or document is required or authorisd to be served on or given to any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—

• (a) being addressed to him by the description of “the owner”, or “the occupier”, as the case may be, of the premises (describing them), it is delivered, left or sent in the manner specified in subsection (1)(a), (b) or (c) above; or

• (b) being addressed to him either by name or in accordance with paragraph (a) above, and marked in such manner as may be prescribed for securing that it shall be plainly indentifiable as a communication of importance—

• (i) it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it; or

• (ii) it is delivered to some person on those premises; or

• (iii) it is affixed conspicuously to some object on those premises.

• (3) Subsection (4) below applies where—

• (a) the notice or other document is required to be served on or given to all persons having interests in, or being occupiers of, premises comprised in any land; and

• (b) it appears to the authority required to serve or give the notice or other document that any part of that land is unoccupied.

• (4) In such a case the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than an owner who in accordance with the relevant provisions of this Act has given to that authority an address for the service of the notice on him) if—

• (a) being addressed to “the owners and any occupiers” of that part of the land (describing it), and

• (b) marked as mentioned in subsection (2) above,

it is affixed conspicuously to some object on the land.

Ecclesiastical property

76

• (1) Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant, it shall be treated for the purposes of a compulsory acquisition of the property under this Act as being vested in the Diocesan Board of Finance for the diocese in which the land is situated, and any notice to treat shall be served, or deemed to have been served, accordingly.

• (2) Where under this Act any notice, other than a notice to treat, is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.

Regulations and orders

77

• (1) The Secretary of State may make regulations for the purpose of prescribing anything which is authorised or required to be prescribed under this Act.

• (2) Regulations under this Act shall be made by statutory instrument, which , subject to subsection (2A), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2A) A statutory instrument containing regulations under section 1A(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (3) The power to make orders under sections 1, 2, 39 40 to 42 and 6060, 62A and 62B above ... is exercisable by statutory instrument, . . .

• (3ZA) The power of the Secretary of State to make orders under section 3 is also exercisable by statutory instrument.

• (3A) Any provision of this Act conferring a power to make orders (whether exercisable by statutory instrument or otherwise), except section 40, implies a power exercisable in the same manner and subject to the same conditions or limitations, to revoke or amend any instrument made under the power.

• (3B) A statutory instrument containing an order made by the Secretary of State under section 1, 2 or 3 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (3C) If a draft of an instrument containing an order of the Secretary of State under section 1, 2 or 3 would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

• (3E) A statutory instrument, other than one to which subsection (3B) applies, containing an order under section 7A is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) A statutory instrument that is made by the Welsh Ministers (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) under any of the following provisions of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales—

• (a) an order under section 1 where—

• (i) the order is one designating an area as the site of a proposed new town, or one designating an additional area of not less than 500 acres which would extend the area of a new town by not less than 10 per cent., and

• (ii) an objection to the order was duly made by ... the local planning authority and had not been withdrawn at the time the order was made; or

• (b) an order under section 2 42 or 62B(1).

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

Meaning etc. of " appropriate Minister "

78

• (1) In this Act “the appropriate Minister” means—

• (a) in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour or pier undertaking, the Secretary of State for Transport;

• (b) in relation to statutory undertakers carrying on an undertaking for the supply of . . . hydraulic power, the [Secretary of State for Trade and Industry];

• (c) in relation to . . . the Civil Aviation Authority or statutory undertakers carrying on any lighthouse undertaking, the Secretary of State for Trade;

• (d) in relation to a universal postal service provider . . . , the Secretary of State for Industry;

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

• (f) in relation to any other statutory undertakers, the Secretary of State for the Environment.

• (2) References in this Act to the Secretary of State and the appropriate Minister have effect—

• (a) as references to the Secretary of State and the appropriate Minister, if the appropriate Minister is not the one concerned as the Secretary of State; and

• (b) as references to the one concerned as the Secretary of State alone, if he is also the appropriate Minister.

• (3) If any question arises—

• (a) in relation to anything required or authorised to be done under this Act as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury;

• (b) in relation to the authorisation under this Act of a compulsory acquisition of land, whether land of statutory undertakers is operational land, that question shall be determined by the Secretary of State and the appropriate Minister.

Meaning of " statutory undertakers " and " operational land "

79

• (1) In this Act, except in so far as the context otherwise requires, “statutory undertakers” means—

• (a) persons authorised by any enactment to carry on—

• (i) any railway, light railway, tramway, road transport, water transport, canal or inland navigation undertaking, or

• (ii) any dock, harbour, pier or lighthouse undertaking, or

• (iii) any undertaking for the supply of . . ., . . . or hydraulic power, or

• (b) the Civil Aviation Authority . . . , or

• (ba) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services),or

• (c) a universal postal service provider in connection with the provision of a universal postal service . . . ,

and “statutory undertaking” shall be construed accordingly.

• (1A) For the purposes of this Act—

• (a) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

• (b) the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.

• (1B) The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

• (2) In this Act, subject to subsection (3) below, and except in so far as the context otherwise requires, “operational land”, in relation to statutory undertakers, means—

• (a) land which is used for the purpose of the carrying on of their undertaking, and

• (b) land in which an interest is held for that purpose,

not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

• (3) In this Act “operational land”—

• (a) in relation to a universal postal service provider, has the meaning given by paragraph 93(4) of Schedule 4 to the Post Office Act 1969;

• (b) in relation to the Civil Aviation Authority, has the meaning given by paragraph 5 of Schedule 2 to the Civil Aviation Act 1982;

• (ba) in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means any land which is used by the licence holder (or by a company associated with it) for the purpose of carrying out activities authorised by the licence or land in which the licence holder (or a company associated with it) holds an interest for that purpose.

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.

General interpretation provisions

80

• (1) In this Act, except in so far as the context otherwise requires—

• “acquiring authority”, in relation to the acquisition under or for the purposes of this Act of any land (whether compulsorily or by agreement) or to a proposal so to acquire any land, means the development corporation, local highway authority or Minister of the Crown by whom the land is, or is proposed to be, acquired;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

• “compulsory purchase order” means an order under section 10(1) or section 11(1) or (2) above;

• “development” includes re-development and “develop” shall be construed accordingly;

• “development corporation” has the meaning given by section 3 above;

• “dispose”, in relation to property, includes the granting of any interest in or right over it;

• “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction;

• “enactment”, except in Schedule 10 to this Act, includes an enactment in any local or private Act of Parliament, and an order, byelaw or scheme made under an Act of Parliament;

• “financial year”, in relation to a development corporation ..., shall be construed in accordance with section 67(2) above;

• “fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• “heat networks” has the meaning given by section 216 of the Energy Act 2023;

• “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the National Trust Act 1907 or section 8 of the National Trust Act 1939;

• “land” includes messuages, tenements, and hereditaments, houses, and buildings of any tenure;

• “local authority” meansa billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;a levying body within the meaning of section 74 of the Local Government Finance Act 1988, anda body as regards which section 75 of that Act appliesand any joint board or joint committee if all the constituent authorities are such local authorities as are mentioned above;

• “local highway authority” means a highway authority other than the Secretary of State;

• “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907;

• “open space” means any land laid out as a public garden, or used for purposes of public recreation, or land being a disused burial ground;

• “owner”, in relation to any building or land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the building or land, whether in possession or reversion, or who holds or is entitled to the rents and profits of the building or land under a lease or agreement of which the unexpired term exceeds 3 years;

• “planning permission” means permission under Part III of the Town and Country Planning Act 1990;

• “prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;