Legalize / United Kingdom / Public General Act

Housing and Regeneration Act 2008

Type Public General Act

Publication 2008-07-22

Last updated 2025-09-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) The Secretary of State may require the objector to submit within a particular period a further written statement as to any of the matters to which the objection relates.

Duty to give opportunity to appear

7

(1) The Secretary of State must, before making a final decision, give the objector an opportunity to appear before, and be heard by, a person appointed for the purpose by the Secretary of State.

(2) Sub-paragraph (3) applies if the objector takes advantage of this opportunity.

(3) The Secretary of State must give an opportunity of appearing and being heard on the same occasion as the objector to—

(a) the HCA, and

(b) any other persons whom the Secretary of State considers ought to be given the opportunity.

(4) Sub-paragraphs (1) to (3) do not apply so far as the Secretary of State has the power to proceed under paragraph 8 or 9.

Power to treat objection as irrelevant

8

The Secretary of State may treat the objection as irrelevant for the purpose of making a final decision—

(a) if the Secretary of State has considered the grounds of the objection as set out in the original statement and in any further statement, and

(b) so far as the Secretary of State is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation.

Power to curtail decision-making process

9

The Secretary of State may make a final decision without further investigation as to the matters to which the objection relates if—

(a) the Secretary of State—

(i) has considered the grounds of the objection as set out in the original statement and in any further statement, and

(ii) is satisfied that, for the purpose of making a final decision, sufficient information is available as to the matters to which the objection relates, or

(b) a further statement has been required under paragraph 6(2) but is not submitted within the required period.

Power to hold public local inquiry

10

(1) The Secretary of State must cause a public local inquiry to be held in relation to an objection to a proposal to make an order under paragraph 3 if the Secretary of State considers that the matters to which the objection relates are such as to require investigation by such an inquiry before the Secretary of State makes a final decision.

(2) The duty in sub-paragraph (1) is effective despite any other provisions of paragraphs 4 to 9.

(3) The other provisions of those paragraphs are to be ignored if no effect has been given to them when the Secretary of State decides to cause an inquiry to be held.

Orders relating to electronic communications apparatus: removal or abandonment of apparatus

11

Paragraphs 12 and 13 apply if—

(a) an order under paragraph 3 extinguishing a public right of way is made, and

(b) at the time of the publication of the notice required by paragraph 4 any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, on, over, along or across the land over which the right of way subsisted.

12

(1) The power of the operator of the network to remove the apparatus is exercisable, despite the order, at any time not later than the end of the period of 3 months beginning with the day on which the right of way is extinguished.

(2) The power of the operator of the network to remove the whole or any part of the apparatus is exercisable after the end of that period if, before the end of the period, the operator has served notice on the HCA of the operator's intention to remove the apparatus or (as the case may be) part.

13

(1) The operator of the network may abandon the electronic communications apparatus, or any part of it, by serving notice to that effect on the HCA not later than the end of the period of 3 months beginning with the day on which the right of way is extinguished.

(2) In the absence of such a notice, the operator of the network is to be treated at the end of the period of 3 months as having abandoned any part of the apparatus which, at that time, the operator has neither—

(a) removed, nor

(b) served notice of intention to remove.

14

(1) The operator of the network may recover from the HCA the expense of providing any substitute electronic communications apparatus in such other place as the operator may require.

(2) In sub-paragraph (1) “substitute electronic communications apparatus” means electronic communications apparatus in substitution for—

(a) the electronic communications apparatus removed or abandoned, and

(b) any other electronic communications apparatus connected with the removed or abandoned apparatus which is made useless in consequence of the removal or abandonment.

15

Electronic communications apparatus, or any part of it, abandoned by the operator of an electronic communications code network under paragraph 13—

(a) vests in the HCA, and

(b) is deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network.

Orders relating to electronic communications apparatus: notice requirements

16

(1) The Secretary of State must serve notice on the operator of an electronic communications code network of the making of an order under paragraph 3 if the order extinguishes a public right of way in circumstances in which paragraphs 12 and 13 apply in relation to the operator.

(2) The notice must be served as soon as practicable after the making of the order.

Supplementary: Part 2

17

The power of the Secretary of State to make orders under paragraph 3 includes power to—

(a) vary or revoke such orders, and

(b) make supplementary, incidental, consequential, transitional, transitory or saving provision.

18

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

Part 3 — Powers in relation to burial grounds and consecrated land etc.

Burial grounds

19

(1) This paragraph applies in relation to any land of the HCA which consists in, or forms part of, a burial ground.

(2) The HCA may use the land in any way which accords with planning permission despite—

(a) anything in any enactment relating to burial grounds, or

(b) any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.

(3) But sub-paragraph (2) does not apply in relation to any land which has been used for the burial of the dead until prescribed requirements about the removal and reinterment of human remains and the disposal of monuments have been complied with in relation to the land.

Consecrated land other than burial grounds

20

(1) This paragraph applies in relation to any land of the HCA which—

(a) is consecrated land (whether or not including a building), and

(b) does not consist in, or form part of, a burial ground.

(2) The HCA or any other person may use the land in any way which accords with planning permission despite any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.

(3) But any such use of the land is subject to—

(a) prescribed requirements about the disposal of monuments, and

(b) prescribed provisions for prohibiting or restricting the use of the land while—

(i) any church or other building used, or formerly used, for religious worship remains on the land, or

(ii) any part of any such church or other building remains on the land.

(4) Prohibitions or restrictions prescribed under sub-paragraph (3)(b) may be absolute or until a prescribed consent is obtained.

Other land connected to religious worship

21

(1) This paragraph applies in relation to any land of the HCA which—

(a) is neither consecrated land nor land which consists in, or forms part of, a burial ground, and

(b) at the time of acquisition included—

(i) a church or other building used, or formerly used, for religious worship, or

(ii) the site of such a church or other building.

(2) Any use of the land is subject to prescribed requirements about the disposal of monuments.

Regulations: general

22

(1) Regulations under this Part of this Schedule must secure that any use of land which is subject to compliance with the regulations is (so far as possible) subject to an appropriate level of control.

(2) For the purposes of sub-paragraph (1) an appropriate level of control is the same control—

(a) as imposed by law in relation to a similar use authorised by an enactment not contained in this Part of this Act,

(b) as imposed by a Measure, or

(c) as it would be proper to impose on a disposal of the land concerned otherwise than in pursuance of an enactment or Measure.

(3) Regulations under this Part of this Schedule must impose such requirements in relation to the disposal of the land as the Secretary of State considers appropriate to secure that the requirements and other provisions in the regulations about the use of the land are complied with.

(4) Regulations made for the purposes of paragraphs 19 to 21 may, in particular, include incidental or consequential provision about the closing of registers.

Regulations about human remains and monuments

23

(1) Regulations under this Part of this Schedule about the removal and reinterment of human remains and the disposal of monuments must require the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments.

(2) Regulations under this Part of this Schedule about the removal and reinterment of human remains and the disposal of monuments must make provision for—

(a) enabling the personal representatives or relatives of any deceased person themselves—

(i) to undertake the removal and reinterment of the remains of the deceased, and

(ii) the disposal of any monument commemorating the deceased, and

(b) requiring the persons in whom the land is vested to meet the expenses of such removal, reinterment and disposal provided that they are not more than such amount as may be prescribed.

(3) Regulations under this Part of this Schedule about the removal and reinterment of human remains and the disposal of monuments must require compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, in relation to—

(a) the manner of removal of any human remains,

(b) the place and manner of reinterment of any human remains, and

(4) Regulations under this Part of this Schedule about the removal and reinterment of human remains must require compliance with any directions given in any case by the Secretary of State in relation to the removal and reinterment of any human remains.

Disapplication of faculties

24

(1) No faculty is required for—

(a) the removal and reinterment of any human remains, or

(b) the removal or disposal of any monuments,

in accordance with regulations under this Part of this Schedule.

(2) Sub-paragraph (1) is subject to any provision to the contrary made by regulations under this Part of this Schedule.

Disapplication of section 25 of the Burial Act 1857

25

Section 25 of the Burial Act 1857 (c. 81) (which prohibits the removal of human remains without the licence of the Secretary of State except in certain cases) does not apply to a removal of human remains carried out in accordance with regulations under this Part of this Schedule.

Interpretation: Part 3

26

(1) In this Part of this Schedule—

“burial ground” includes any churchyard, cemetery or other ground (whether or not consecrated) which has at any time been set apart for the purposes of interment,

“monument” includes a tombstone or other memorial,

“prescribed” means prescribed by regulations made by the Secretary of State.

(2) Any power conferred by paragraph 19(2) or 20(2) to use land is to be read as a power to use the land, whether or not it involves—

(a) the erection, construction or carrying out of any building or work, or

(b) the maintenance of any building or work.

SCHEDULE 4

Part 1 — Extinguishment or removal powers for the HCA

Notice for extinguishment of rights of undertakers or for removal of their apparatus

1

(1) Sub-paragraph (2) applies if—

(a) a protected right subsists over land of the HCA and is vested in, or belongs to, statutory undertakers for the purpose of carrying on their undertaking, or

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

(2) The HCA may serve a notice on the statutory undertakers.

(3) The notice may, in the case of a protected right, state that, at the end of the relevant period, the right will be extinguished.

(4) The notice may, in the case of apparatus, require that, before the end of the relevant period, the apparatus must be removed.

(5) In this paragraph—

“protected right” means—a right of way on, under or over land, ora right of laying down, erecting, continuing or maintaining apparatus on, under or over land,

“relevant period” means—the period of 28 days beginning with the date of service of the notice, orany longer period beginning with that date and specified in the notice.

Counter-notices

2

(1) Sub-paragraph (2) applies if the HCA serves a notice under paragraph 1 on statutory undertakers.

(2) The statutory undertakers may, before the end of the period of 28 days beginning with the date of the service of the notice, serve a counter-notice on the HCA.

(3) The counter-notice is a notice stating that the statutory undertakers object to all or any provisions of the notice under paragraph 1.

(4) The counter-notice must also specify the grounds of their objection.

Effect of unopposed notice

3

(1) This paragraph applies if—

(a) a notice is served under paragraph 1, and

(b) no counter-notice is served under paragraph 2.

(2) Any right to which the notice under paragraph 1 relates is extinguished at the end of the period specified for that purpose in the notice.

(3) The HCA may—

(a) remove any apparatus, and

(b) dispose of it as it considers appropriate,

if any requirement of the notice under paragraph 1 as to the removal of the apparatus has not been complied with by the end of the period specified for that purpose in the notice.

Opposed notices and Ministerial orders

4

(1) This paragraph applies if—

(a) a notice is served under paragraph 1, and

(b) a counter-notice is served under paragraph 2.

(2) The HCA may—

(a) withdraw the notice served under paragraph 1, or

(b) apply to the Secretary of State and the appropriate Minister for an order under sub-paragraph (3).

(3) The Secretary of State and the appropriate Minister may make an order embodying, with or without modifications, the provisions of the notice.

(4) The fact that a notice has been withdrawn under sub-paragraph (2)(a) does not prejudice the service of a further notice.

5

(1) Before making an order under paragraph 4(3), the Secretary of State and the appropriate Minister must give the statutory undertakers on whom notice was served an opportunity to object to the application for the order.

(2) The Secretary of State and the appropriate Minister—

(a) must consider any objections made by virtue of sub-paragraph (1), and

(b) must give—

(i) the statutory undertakers who made the objections, and

(ii) the HCA,

an opportunity to appear before, and be heard by, a person appointed for this purpose by the Secretary of State and the appropriate Minister.

(3) The Secretary of State and the appropriate Minister may then—

(a) decide not to make an order, or

(b) proceed to make an order in accordance with the application (with or without modifications).

6

(1) This paragraph applies if an order is made under paragraph 4(3).

(2) Any right to which the order relates is extinguished at the end of the period specified for that purpose in the order.

(3) The HCA may—

(a) remove any apparatus, and

(b) dispose of it as it considers appropriate,

if any requirement of the order as to the removal of the apparatus has not been complied with by the end of the period specified for that purpose in the order.

Compensation

7

(1) Statutory undertakers are entitled to compensation from the HCA if—

(a) any right vested in, or belonging to, the statutory undertakers is extinguished, or

(b) any requirement is imposed on the statutory undertakers,

by virtue of this Part of this Schedule.

(2) Sections 280 and 282 of the Town and Country Planning Act 1990 (c. 8) (measure of compensation to statutory undertakers) apply to compensation under this paragraph as they apply to compensation under section 279(4) of that Act.

Electronic communications

8

(1) The reference in paragraph 1(1)(a) to a protected right vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking includes a reference to a protected right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network.

(2) The reference in paragraph 1(1)(b) to apparatus vested in, or belonging to, statutory undertakers for the purpose of carrying on their undertaking includes a reference to electronic communications apparatus kept installed for the purposes of any such network.

(3) Sub-paragraphs (1) and (2) do not apply where paragraphs 12 and 13 of Part 2 of Schedule 3 apply (orders under paragraph 3 of that Schedule which relate to electronic communications apparatus).

(4) Where paragraph 1 has effect as mentioned in sub-paragraphs (1) and (2) above—

(a) any reference in this Part of this Schedule to statutory undertakers has effect as a reference to the operator of the electronic communications code network, and

(b) any reference in this Part of this Schedule to the appropriate Minister has effect as a reference to the Secretary of State for Science, Innovation and Technology.

Part 2 — Powers for undertakers to carry out works

Notices to carry out works

9

(1) Sub-paragraph (2) applies if—

(a) apparatus vested in, or belonging to, statutory undertakers is on, under or over land of the HCA, and

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

(2) The statutory undertakers may serve on the HCA a notice claiming the right to—

(a) enter on the land, and

(b) 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.

(3) No notice may be served under sub-paragraph (2) more than 21 days after the beginning of the development on the land.

Counter-notices

10

(1) Sub-paragraph (2) applies if statutory undertakers serve a notice under paragraph 9 on the HCA.

(2) The HCA may, before the end of the period of 28 days beginning with the date of the service of the notice, serve a counter-notice on the statutory undertakers.

(3) The counter-notice is a notice stating that the HCA objects to all or any provisions of the notice under paragraph 9.

(4) The counter-notice must also specify the grounds of the HCA's objection.

Effect of unopposed notice

11

(1) This paragraph applies if—

(a) a notice is served under paragraph 9,

(b) no counter-notice is served under paragraph 10, and

(2) The statutory undertakers have the rights claimed in their notice under paragraph 9.

Opposed notices and Ministerial orders

12

(1) This paragraph applies if—

(a) a notice is served under paragraph 9, and

(b) a counter-notice is served under paragraph 10.

(2) The statutory undertakers may—

(a) withdraw the notice served under paragraph 9, or

(b) apply to the Secretary of State and the appropriate Minister for an order under sub-paragraph (3).

(3) The Secretary of State and the appropriate Minister may by order confer on the statutory undertakers—

(a) the rights claimed in the notice under paragraph 9, or

(b) such modified rights as the Secretary of State and the appropriate Minister consider it appropriate to confer on the statutory undertakers.

(4) The fact that a notice has been withdrawn under sub-paragraph (2)(a) does not prejudice the service of a further notice.

Power to arrange for the works to be done by the HCA

13

(1) Sub-paragraph (2) applies if statutory undertakers have the right to carry out works for the removal or re-siting of apparatus by virtue of this Part of this Schedule.

(2) The statutory undertakers may arrange with the HCA for the works to be carried out by the HCA, under the superintendence of the statutory undertakers, instead of by the statutory undertakers themselves.

Compensation

14

(1) Statutory undertakers are entitled to compensation from the HCA if works are carried out for the removal or re-siting of their apparatus which they have the right to carry out by virtue of this Part of this Schedule.

(2) Sections 280 and 282 of the Town and Country Planning Act 1990 (c. 8) (measure of compensation to statutory undertakers) apply to compensation under this paragraph as they apply to compensation under section 279(4) of that Act.

Electronic communications

15

(1) The reference in paragraph 9(1)(a) to apparatus vested in, or belonging to, statutory undertakers includes a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network.

(2) Where paragraph 9(1)(a) has effect as mentioned in sub-paragraph (1) above—

(a) any reference in this Part of this Schedule to statutory undertakers has effect as a reference to the operator of the electronic communications code network, and

(b) any reference in this Part of this Schedule to the appropriate Minister has effect as a reference to the Secretary of State for Science, Innovation and Technology.

Part 3 — Extension or modification of functions of undertakers

Ministerial order following representations by statutory undertakers

16

(1) The Secretary of State and the appropriate Minister may by order provide for an extension or modification of the functions of particular statutory undertakers if conditions 1 and 2 are met.

(2) Condition 1 is that the statutory undertakers have made representations on the subject to the Secretary of State and the appropriate Minister.

(3) Condition 2 is that the Secretary of State and the appropriate Minister consider it appropriate to extend or modify the functions of the statutory undertakers—

(a) to secure the provision of services which—

(i) would not otherwise be provided, or

(ii) would not otherwise be satisfactorily provided,

in relation to relevant land, 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 (4).

(4) The acts and events are—

(a) the acquisition by the HCA under this Part of this Act of any land—

(i) in which an interest was held for the purpose of carrying on the undertaking concerned, or

(ii) which was used for that purpose, and

(b) the extinguishment of a right, or the imposition of any requirement, by virtue of Part 1 of this Schedule.

(5) In this Part of this Schedule “relevant land” means land in respect of which any of the functions of the HCA under this Part of this Act are being, or have been, exercised.

Ministerial order following representations by the HCA

17

(1) The Secretary of State and the appropriate Minister may by order provide for an extension or modification of the functions of particular statutory undertakers if conditions 1 and 2 are met.

(2) Condition 1 is that the HCA has made representations on the subject to the Secretary of State and the appropriate Minister.

(3) Condition 2 is that the Secretary of State and the appropriate Minister consider it appropriate to extend or modify the functions of the statutory undertakers to secure—

(a) the provision of new services in relation to relevant land, or

(b) the extension of existing services in relation to such land.

Examples of contents of orders

18

(1) An order under paragraph 16 or 17 may, in particular—

(a) give power to statutory undertakers—

(i) to acquire (whether compulsorily or by agreement) any land specified in the order, or

(ii) to erect or construct any buildings or works specified in the order,

(b) apply, in relation to the acquisition of any such land or the erection or construction of any such buildings or works, enactments relating to the acquisition of land or the erection or construction of buildings or works.

(2) An order under paragraph 16 which is for the purposes mentioned in sub-paragraph (3)(a) of that paragraph or an order under paragraph 17 may, in particular, give effect to any financial arrangements—

(a) agreed between the HCA and the statutory undertakers, or

(b) in the absence of agreement, decided to be equitable in such manner, and by such tribunal, as may be specified in the order.

Notification of proposal to make order

19

(1) Statutory undertakers must, as soon as possible after making representations of the kind mentioned in paragraph 16(2), publish a notice—

(a) giving such particulars as the Secretary of State and the appropriate Minister may direct of the matters to which the representations relate,

(b) specifying the time within which objections to the making of an order as a result of the representations may be made, and

(2) The notice must be published in such form and manner as the Secretary of State and the appropriate Minister may direct.

(3) The statutory undertakers must also serve a copy of the notice on such persons, or descriptions of persons, as the Secretary of State and the appropriate Minister may direct if the Secretary of State and the appropriate Minister direct that a copy is to be served.

20

(1) The HCA must, as soon as possible after making representations of the kind mentioned in paragraph 17(2), publish a notice—

(a) giving such particulars as the Secretary of State and the appropriate Minister may direct of the matters to which the representations relate,

(b) specifying the time within which objections to the making of an order as a result of the representations may be made, and

(2) The notice must be published in such form and manner as the Secretary of State and the appropriate Minister may direct.

(3) The HCA must also serve a copy of the notice on such persons, or descriptions of persons, as the Secretary of State and the appropriate Minister may direct if the Secretary of State and the appropriate Minister direct that a copy is to be served.

Duty to consider objections

21

(1) The Secretary of State and the appropriate Minister must proceed under paragraph 22 if—

(a) an objection to the making of an order under paragraph 16 or 17 is properly made and not withdrawn, and

(b) the matter is not otherwise dealt with.

(2) For the purposes of sub-paragraph (1) an objection is properly made if (and only if)—

(a) it is made—

(i) within the time, and

(ii) in the manner,

stated in the notice under paragraph 19(1) or (as the case may be) 20(1), and

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

(3) For the purposes of sub-paragraph (1) the matter is otherwise dealt with if (and only if) the Secretary of State and the appropriate Minister—

(a) decide, irrespective of the objection, not to make the order, or

(b) decide to make a modification which is agreed to by the objector as meeting the objection.

22

(1) The Secretary of State and the appropriate Minister must, before making a final decision, consider the grounds of the objection as set out in the statement comprised in, or submitted with, the objection.

(2) The Secretary of State and the appropriate Minister may require the objector to submit within a specified period a further written statement as to any of the matters to which the objection relates.

Duty to give opportunity to appear

23

(1) The Secretary of State and the appropriate Minister must, before making a final decision, give the objector an opportunity to appear before, and be heard by, a person appointed for the purpose by the Secretary of State and the appropriate Minister.

(2) The Secretary of State and the appropriate Minister must give an opportunity of appearing and being heard on the same occasion to—

(a) the statutory undertakers or (as the case may be) the HCA as a result of whose representations the order is proposed to be made, and

(b) any other persons whom the Secretary of State and the appropriate Minister consider ought to be given the opportunity,

if the objector takes advantage of the opportunity mentioned in sub-paragraph (1).

(3) Sub-paragraphs (1) and (2) do not apply so far as the Secretary of State and the appropriate Minister have the power to proceed under paragraph 24 or 25.

Power to treat objection as irrelevant

24

The Secretary of State and the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision—

(a) if the Secretary of State and the appropriate Minister have considered the grounds of the objection as set out in the original statement and in any further statement, and

(b) so far as the Secretary of State and the appropriate Minister are satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation.

Power to curtail decision-making process

25

The Secretary of State and the appropriate Minister may make a final decision without further investigation as to the matters to which the objection relates if—

(a) the Secretary of State and the appropriate Minister—

(i) have considered the grounds of the objection as set out in the original statement and in any further statement, and

(ii) are satisfied that, for the purpose of making a final decision, sufficient information is available as to the matters to which the objection relates, or

(b) a further statement has been required under paragraph 22(2) but is not submitted within the specified period.

Power to hold public local inquiry

26

(1) The Secretary of State and the appropriate Minister must cause a public local inquiry to be held in relation to an objection under this Part of this Schedule if the Secretary of State and the appropriate Minister consider that the matters to which the objection relates are such as to require investigation by such an inquiry before the Secretary of State and the appropriate Minister make a final decision.

(2) The duty in sub-paragraph (1) is effective despite any other provisions of this Part of this Schedule.

(3) The other provisions of this Part of this Schedule are to be ignored if, when the Secretary of State and the appropriate Minister decide to cause an inquiry to be held, effect has not been given to them.

Special parliamentary procedure for orders

27

Orders under paragraph 16 or 17 are subject to special parliamentary procedure.

Part 4 — Relieving undertakers of obligations

Orders to relieve obligations

28

(1) The appropriate Minister may by order provide for statutory undertakers to be relieved (whether absolutely or so far as specified in the order) of the need to meet an obligation relating to the carrying on of their undertaking if conditions 1 and 2 are met.

(2) Condition 1 is that the statutory undertakers have made representations on the subject to the appropriate Minister.

(3) Condition 2 is that the appropriate Minister is satisfied that meeting some or all of the obligation has been made impracticable by any of the acts and events mentioned in sub-paragraph (4).

(4) The acts and events are—

(a) the acquisition by the HCA under this Part of this Act of any land—

(i) in which an interest was held for the purpose of carrying on the undertaking concerned, or

(ii) which was used for that purpose, and

(b) the extinguishment of a right, or the imposition of any requirement, by virtue of Part 1 of this Schedule.

Notification of proposal to make order

29

(1) Statutory undertakers must, as soon as possible after making representations of the kind mentioned in paragraph 28(2), proceed as directed by the appropriate Minister.

(2) The appropriate Minister may direct the statutory undertakers to do either or both of the following—

(a) publish a notice—

(i) giving such particulars as the appropriate Minister may direct of the matters to which the representations relate,

(ii) specifying the time within which objections to the making of an order as a result of the representations may be made, and

(iii) specifying the manner in which objections to the making of such an order may be made, and

(b) serve a corresponding notice on such persons, or descriptions of persons, as the appropriate Minister may direct.

(3) Publication under sub-paragraph (2) must be in such form and manner as the appropriate Minister may direct.

Duty to consider objections

30

(1) The appropriate Minister must proceed under paragraph 31 if—

(a) an objection to the making of an order is properly made and not withdrawn, and

(b) the matter is not otherwise dealt with.

(2) For the purposes of sub-paragraph (1) an objection is properly made if (and only if)—

(a) it is made—

(i) within the time, and

(ii) in the manner,

stated in the notice under paragraph 29(2), and

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

(3) For the purposes of sub-paragraph (1) the matter is otherwise dealt with if (and only if) the appropriate Minister—

(a) decides, irrespective of the objection, not to make the order, or

(b) decides to make a modification which is agreed to by the objector as meeting the objection.

31

(1) The appropriate Minister must, before making a final decision, consider the grounds of the objection as set out in the statement comprised in, or submitted with, the objection.

(2) The appropriate Minister may require the objector to submit within a specified period a further written statement as to any of the matters to which the objection relates.

Duty to give opportunity to appear

32

(1) The appropriate Minister must, before making a final decision, give the objector an opportunity to appear before, and be heard by, a person appointed for the purpose by the appropriate Minister.

(2) The appropriate Minister must give an opportunity of appearing and being heard on the same occasion to—

(a) the statutory undertakers as a result of whose representations the order is proposed to be made, and

(b) any other persons whom the appropriate Minister considers ought to be given the opportunity,

if the objector takes advantage of the opportunity mentioned in sub-paragraph (1).

(3) Sub-paragraphs (1) and (2) do not apply so far as the appropriate Minister has the power to proceed under paragraph 33 or 34.

Power to treat objection as irrelevant

33

The appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision—

(a) if the appropriate Minister has considered the grounds of the objection as set out in the original statement and in any further statement, and

(b) so far as the appropriate Minister is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation.

Power to curtail decision-making process

34

The appropriate Minister may make a final decision without further investigation as to the matters to which the objection relates if—

(a) the appropriate Minister—

(i) has considered the grounds of the objection as set out in the original statement and in any further statement, and

(ii) is satisfied that, for the purpose of making a final decision, sufficient information is available as to the matters to which the objection relates, or

(b) a further statement has been required under paragraph 31(2) but is not submitted within the specified period.

Power to hold public local inquiry

35

(1) The appropriate Minister may cause a public local inquiry to be held in relation to an objection under this Part of this Schedule if the appropriate Minister considers that the matters to which the objection relates are such as to require investigation by such an inquiry before the appropriate Minister makes a final decision.

(2) The power in sub-paragraph (1) is effective despite any other provisions of this Part of this Schedule.

(3) The other provisions of this Part of this Schedule are to be ignored if, when the Secretary of State decides to cause an inquiry to be held, effect has not been given to them.

Notification procedure after the making of an order

36

(1) The appropriate Minister must, immediately after making an order under paragraph 28, proceed under sub-paragraphs (2) and (3).

(2) The appropriate Minister must publish a notice stating—

(a) that the order has been made, and

(b) a place where a copy of it may be seen at any reasonable hour.

(3) The appropriate Minister must serve a copy of the notice on—

(a) any person who—

(i) duly made an objection to the order, and

(ii) has sent the appropriate Minister a written request for the notice with an address for service, and

(b) any other person whom the appropriate Minister considers appropriate.

Operative date of orders

37

An order under paragraph 28 which is not subject to special parliamentary procedure becomes operative on the date on which the notice required by paragraph 36(2) is first published.

Special parliamentary procedure for orders

38

(1) An order under paragraph 28 is subject to special parliamentary procedure if any objection to the making of the order is properly made and not withdrawn before the order is made.

(2) Sub-paragraph (2) of paragraph 30 applies for the purposes of sub-paragraph (1) above as it applies for the purposes of sub-paragraph (1) of that paragraph.

Legal challenges to orders

39

(1) Sub-paragraph (2) applies if a person aggrieved by an order under paragraph 28 wishes to question its validity on the ground that—

(a) it is not within the powers conferred by this Part of this Schedule, or

(b) any requirement of this Part of this Schedule has not been complied with in relation to the order.

(2) The person may, within 6 weeks beginning with the date on which the notice required by paragraph 36(2) is first published, apply to the High Court.

(3) The High Court may, on an application under sub-paragraph (2), make an interim order suspending (whether wholly or in part) the operation of the order under paragraph 28 until the final determination of the proceedings.

(4) The operation of the order may be suspended generally or so far as affecting any property of the applicant.

(5) The High Court may, on an application under sub-paragraph (2), quash (whether wholly or in part) the order under paragraph 28 if satisfied that—

(a) the order is wholly or to any extent outside the powers conferred by this Part of this Schedule, or

(b) the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of this Part of this Schedule.

(6) The order under paragraph 28 may be quashed generally or so far as affecting any property of the applicant.

Part 5 — Supplementary

Orders and directions

40

(1) The power of—

(a) the Secretary of State and the appropriate Minister,

(b) The Secretary of State and the Secretary of State for Science, Innovation and Technology, or

to make orders under this Schedule includes power to vary or revoke such orders and to make supplementary, incidental, consequential, transitional, transitory or saving provision.

(2) The power of—

(a) the Secretary of State and the appropriate Minister, or

(b) the appropriate Minister,

to give directions under this Schedule includes power to vary or revoke such directions and to make supplementary, incidental, consequential, transitional, transitory or saving provision.

Interpretation

41

(1) In this Schedule—

“the appropriate Minister” is to be read as if contained in Part 11 of the Town and Country Planning Act 1990 (c. 8),

“the Secretary of State and the appropriate Minister” is to be read as if contained in Part 11 of the Town and Country Planning Act 1990 (and any references to the Secretary of State and the appropriate Minister are, in relation to anything done or to be done by them, to be read as references to them acting jointly),

“statutory undertakers” means persons who are or are deemed to be statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990; and “statutory undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertaker”).

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

SCHEDULE 5

1

The New Towns Act 1981 (c. 64) is amended as follows.

2

For the heading to Part 2 substitute “Transfers from and dissolution of development corporations etc.”.

3

For the italic heading before section 35 substitute “ Functions of Welsh Ministers in relation to certain transferred property ”.

4

Omit section 35 (establishment of Commission for the New Towns).

5

(1) Section 36 (functions of Commission) is amended as follows.

(2) For the heading substitute “Functions of Welsh Ministers”.

(3) For subsection (1) substitute—

(1) The Welsh Ministers may— (a) take over and, with a view to its eventual disposal, hold, manage and turn to account— (i) the property of the Commission for the New Towns transferred to them under a scheme made under section 51(1) of the Housing and Regeneration Act 2008; (ii) the property of development corporations transferred to them under this Act; and (iii) the property of urban development corporations transferred to them by order under section 165A of the Local Government, Planning and Land Act 1980; and (b) as soon as they consider it expedient to do so, dispose of property so transferred or any other property arising out of such property. (1A) In exercising their functions under subsection (1), the Welsh Ministers must have regard to the considerations specified in subsection (2).

(4) Omit subsections (3) and (3A).

(5) In subsection (4)—

(a) for “Commission”, in the first two places where it appears, substitute “ Welsh Ministers ”, and

(b) omit the words from “; nor shall any” to the end.

(6) In subsection (4A)(a) for “Commission by order under section 165B” substitute “ Welsh Ministers by order under section 165A ”.

6

Omit sections 37 (restrictions on functions of Commission) and 38 (local authorities and work for the Commission).

7

(1) Section 39 (power of development corporations to transfer undertakings) is amended as follows.

(2) In subsection (1) for “Secretary of State” substitute “ appropriate national authority ”.

(3) In subsection (2) for “Secretary of State” substitute “ appropriate national authority ”.

(4) In subsection (2A) for “in relation to Wales” substitute “ in the case of a development corporation established by the Welsh Ministers ”.

(5) In subsection (3) for “Secretary of State” substitute “ appropriate national authority ”.

(6) In subsection (4)—

(a) at the beginning insert “In a case in which the appropriate national authority is the Secretary of State,”, and

(b) for “Secretary of State”, where it first appears, substitute “ appropriate national authority ”.

(7) In subsection (5)—

(a) for “Secretary of State” substitute “ appropriate national authority ”, and

(b) for “he” substitute “ the authority ”.

(8) For subsection (5A) substitute—

(5A) No order shall be made under subsection (5) above— (a) by the Secretary of State unless a draft of the order has been laid before, and approved by a resolution of, the House of Commons; (b) by the Welsh Ministers unless a draft of the order has been laid before, and approved by a resolution of, the National Assembly for Wales.

8

(1) Section 41 (transfer of property to Commission and dissolution of corporation) is amended as follows.

(2) In the heading, omit “to Commission”.

(3) In subsection (1)—

(a) for “Secretary of State” substitute “ appropriate national authority ”,

(b) for “he” substitute “ the authority ”, and

(4) In subsection (1A) for “in relation to Wales” substitute “ in the case of a development corporation established by the Welsh Ministers ”.

(5) In subsection (2)—

(a) for “Commission” substitute “ relevant transferee ”, and

(b) in paragraph (b)—

(i) for “Secretary of State” substitute “ appropriate national authority ”, and

(ii) for “him” substitute “ the authority ”.

(6) In subsection (4) for “Secretary of State” substitute “ appropriate national authority ”.

(7) In subsection (5) for “Commission” substitute “ relevant transferee ”.

9

After section 41 insert—

(41A) In this Part— - “the appropriate national authority”— 1. in relation to a development corporation established by order made by the Secretary of State, means the Secretary of State; and 2. in relation to a development corporation established by order made by the Welsh Ministers, means the Welsh Ministers; - “the relevant transferee”— 1. in relation to an order made under section 41 by the Secretary of State, means the Homes and Communities Agency; and 2. in relation to an order made under section 41 by the Welsh Ministers, means the Welsh Ministers.

10

(1) Section 58 (advances to development corporations and Commission) is amended as follows.

(2) In the heading, omit “and Commission”.

(3) Omit subsections (5) and (6).

11

(1) Section 58A (grants to development corporations and Commission) is amended as follows.

(2) In the heading, omit “and Commission”.

(3) Omit subsections (4) and (5).

12

(1) Section 59 (other borrowing powers of development corporations and Commission) is amended as follows.

(2) In the heading, omit “and Commission”.

(3) In subsection (1)—

(a) omit “or the Commission”, and

(b) for the words from “or the Commission (as the case may be)” to the end substitute “ may require for meeting its obligations or performing its functions ”.

(4) In subsection (2)—

(a) omit “or the Commission”, and

(b) for “they may require for enabling them” substitute “ it may require for enabling it. ”

13

(1) Section 60 (limit on borrowing by development corporations and Commission) is amended as follows.

(2) In the heading, omit “and Commission”.

(3) In subsection (1)—

(a) at the end of paragraph (b), insert “ and ”,

(b) omit paragraph (c) and the “and” following it,

(c) in paragraph (d), for “(whether by development corporations or by the Commission)” substitute “ by development corporations ”, and

(d) for “(2) to (4)” substitute “ (2) and (3) ”.

(4) Omit subsection (4).

14

(1) Section 61 (provisions supplemental to section 58) is amended as follows.

(2) In subsection (1) for from the beginning of paragraph (a) to the end of paragraph (b) substitute “ to a development corporation under section 58(1) above ”.

(3) In subsection (2) omit “, (5) or (6)”.

15

(1) Section 62 (Treasury guarantees) is amended as follows.

(2) In subsection (1) for “or the Commission borrow” substitute “ borrows ”.

(3) In subsection (5) for the words from “or by the Commission” to “(as the case may be)” substitute “ , the corporation ”.

16

Omit section 62B (power to suspend loan obligations of development corporations and Commission).

17

(1) Section 63 (Secretary of State's general power) is amended as follows.

(2) In subsection (1) omit “or the Commission”.

(3) In subsection (2) omit “or the Commission, as the case may be”.

18

(1) Section 65 (disposal of surplus funds) is amended as follows.

(2) In subsection (1) for the words from “, and with the Commission” to the end substitute “ 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 ”.

(3) In subsection (2) for “The Commission or that corporation, as the case may be,” substitute “ That corporation ”.

19

In section 66(1) (payments under sections 63 and 65 treated as repayments) for paragraph (a) and the “and” following it substitute—

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

20

(1) Section 67 (accounts of Commission and development corporations) is amended as follows.

(2) In the heading, omit “Commission and”.

(3) In subsection (1)—

(a) omit “The Commission and”,

(b) in paragraph (b), omit “respectively”, and

(4) Omit subsection (1A).

(5) In subsection (2)—

(a) omit “of the Commission and”, and

(b) omit “or the Commission” wherever appearing.

(6) In subsection (3)—

(a) omit “the Commission or”, and

(b) in paragraph (a), for “they are” substitute “ it is ”.

21

(1) Section 68 (audit) is amended as follows.

(2) In subsection (1)—

(a) omit the words from “of the Commission” to “and the accounts”, and

(b) omit “Commission or”.

(3) Omit subsection (2A).

(4) In subsection (3)—

(a) for “accounts of the Commission or” substitute “ accounts of ”,

(b) for “Commission or corporation, as the case may be,” substitute “ corporation ”, and

22

(1) Section 69 (Secretary of State's accounts) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (a) and the “and” following it, and

(b) omit the words from “and directions under” to the end.

(3) In subsection (2), omit paragraph (a) and the “and” following it.

23

(1) Section 70 (reports) is amended as follows.

(2) Omit paragraph (a).

(3) Omit “of the Commission or”.

24

(1) Section 71 (information) is amended as follows.

(2) In subsection (1)—

(a) for “the Commission and every development corporation shall respectively” substitute “ every development corporation shall ”, and

(b) for “their” substitute “ its ”.

(3) In subsection (2)—

(a) omit “the Commission and”, and

(b) in paragraph (a), for “Commission or corporation, as the case may be” substitute “ corporation ”.

25

In section 72(1)(a) (application and exclusion of certain enactments: section 12 of the Finance Act 1895 (c. 16)) omit “or from the Commission”.

26

In section 74(3) (local inquiries) for “sections 37, 40 and 41” substitute “ sections 40 and 41 ”.

27

In section 77(3) (regulations and orders to be made by statutory instrument) omit “and paragraph 7 of Schedule 9 to this Act”.

28

In section 80(1) (general interpretation provisions)—

(a) omit the definition of “the Commission”, and

(b) in the definition of “financial year”, omit “or the Commission”.

29

In section 82 (short title, extent and commencement)—

(a) in subsection (2)(c) for “1, 2 and 12” substitute “ 1 and 2 ”, and

(b) in subsection (3) omit “paragraph 12 of Schedule 11, and”.

30

Omit Schedule 9 (additional provisions as to the Commission).

31

(1) Schedule 10 (additional provisions as to transfer to Commission of property of development corporation) is amended as follows.

(2) In the heading, omit “to Commission”.

(3) In paragraph 1—

(a) for “Commission”, wherever appearing, substitute “ relevant transferee ”, and

(b) in sub-paragraph (2)(c), for “, to the member” to the end substitute

— (i) in a case where the relevant transferee is the Homes and Communities Agency, to the member or member of staff of the Agency who corresponds as nearly as may be to the member or officer in question of the corporation; and (ii) in a case where the relevant transferee is the Welsh Ministers, to the member of staff of the Welsh Ministers who corresponds as mentioned in sub-paragraph (i) above.

(4) In paragraph 2—

(a) for “Secretary of State”, wherever appearing, substitute “ appropriate national authority ”, and

(b) for “Commission”, wherever appearing, substitute “ relevant transferee ”.

(5) In paragraph 3—

(a) in sub-paragraph (1) for “Commission” substitute “ relevant transferee ”,

(b) in sub-paragraph (3)(a) for “Commission” substitute “ relevant transferee ”, and

(i) for “where the development” substitute “ where, in the case of a development corporation established by the Secretary of State, the ”, and

(ii) for “Commission” substitute “ Homes and Communities Agency ”.

(6) Omit paragraph 4.

(7) In paragraph 5—

(a) omit sub-paragraph (1), and

(b) for sub-paragraph (2) substitute—

(2) Sub-paragraph (3) applies if, in the case of a development corporation established by the Secretary of State, the liabilities of the corporation for— (a) the repayment of advances under section 58(1) above; or (b) the payment of interest on such advances; are transferred to the Homes and Communities Agency. (3) The following provisions apply to those advances— (a) section 61(2); and (b) section 66(1) but as if the reference to any payment under section 63 or 65 above were a reference to any sum received by the Secretary of State under section 25(2) of the Housing and Regeneration Act 2008.

32

(1) Schedule 11 (saving and transitional provisions) is amended as follows.

(2) In the italic heading before paragraph 3, omit “to Commission and”.

(3) Omit paragraphs 3 and 5.

(4) Omit paragraph 12 and the italic heading before it.

SCHEDULE 6

Creation and apportionment of property, rights and liabilities etc.

1

A scheme may—

(a) create for the transferor interests in, or rights over, property transferred by virtue of the scheme,

(b) create for a transferee interests in, or rights over, property retained by the transferor or transferred to another transferee,

2

(1) A scheme may provide for the transfer of property, rights or liabilities that would not otherwise be capable of being transferred or assigned.

(2) In particular, it may provide for the transfer to take effect regardless of a contravention, liability or interference with an interest or right that would otherwise exist by reason of a provision having effect in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

(3) It does not matter whether the provision referred to in sub-paragraph (2) has effect under an enactment or an agreement or in any other way.

3

A certificate by the Secretary of State that anything specified in the certificate has vested in any person by virtue of a scheme is conclusive evidence for all purposes of that fact.

Employment contracts

4

(1) This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.

(2) The contract of employment—

(a) is not terminated by the transfer, and

(b) has effect from the transfer date as if made between the employee and the transferee.

(3) The rights, powers, duties and liabilities of the transferor under or in connection with the contract are transferred to the transferee on the transfer date.

(4) Anything done before the transfer date by or in relation to the transferor in respect of the contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

(5) In particular, a period of employment with the transferor is to be treated as a period of employment with the transferee (and the transfer is not to be treated as interrupting the continuity of that employment).

(6) This paragraph is subject to paragraph 5.

5

(1) Rights and liabilities under a contract of employment are not transferred by virtue of a scheme if the employee objects to the transfer and informs the transferor or transferee of that fact.

(2) If the employee objects to the transfer and informs the transferor or transferee of that fact—

(a) the employee's contract of employment is terminated immediately before the transfer date, but

(b) the employee is not to be treated, for any purpose, as having been dismissed by the transferor.

6

If (apart from the change of employer) a substantial detrimental change is made to a person's working conditions, nothing in this Schedule affects any right the person has to terminate the person's contract of employment.

Civil servants treated as employed under a contract of employment etc.

7

(1) This Schedule applies with the following modifications in relation to employment in the civil service of the Crown on terms which do not constitute a contract of employment.

(2) An individual who holds employment in the civil service of the Crown immediately before the transfer date is to be treated as employed by virtue of a contract of employment.

(3) The terms of the employment in the civil service of the Crown are to be regarded as constituting the terms of the contract of employment.

(4) The reference in paragraph 5 to dismissal by the transferor is to termination of the employment in the civil service of the Crown.

Compensation

8

A scheme may contain provision for the payment of compensation by the Secretary of State to any person whose interests are adversely affected by it.

Continuity

9

A transfer by virtue of a scheme does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

10

Anything which—

(a) is done by the transferor for the purposes of, or otherwise in connection with, anything transferred by virtue of a scheme, and

(b) is in effect immediately before the transfer date,

is to be treated as done by the transferee.

11

There may be continued by or in relation to the transferee anything (including legal proceedings)—

(a) which relates to anything transferred by virtue of a scheme, and

(b) which is in the process of being done by or in relation to the transferor immediately before the transfer date.

12

(1) This paragraph applies to any document—

(a) which relates to anything transferred by virtue of a scheme, and

(b) which is in effect immediately before the transfer date.

(2) Any references in the document to the transferor are to be read as references to the transferee.

Supplementary etc. provision

13

A scheme may include supplementary, incidental, transitional and consequential provision.

SCHEDULE 7

Overview

1

This Schedule makes provision about the fiscal effect of transfers under schemes made under sections 51 and 65.

Key concepts

2

(1) In this Schedule—

(a) “transfer scheme” means a scheme under section 51 or 65, and

(b) “transfer” means a transfer under a transfer scheme.

(2) In this Schedule “transfer between bodies” means a transfer—

(a) from the Urban Regeneration Agency, the Commission for the New Towns or the Housing Corporation, and

(b) to the HCA or the Regulator of Social Housing.

(3) In this Schedule “transfer to government” means a transfer to—

(a) a Minister of the Crown, or

(b) the Welsh Ministers.

Other definitions

3

(1) In this Schedule—

(a) ICTA means the Income and Corporation Taxes Act 1988 (c. 1),

(b) TCGA means the Taxation of Chargeable Gains Act 1992 (c. 12),

(d) FA 2002 means the Finance Act 2002 (c. 23), and

(e) HMRC means the Commissioners for Her Majesty's Revenue and Customs.

(2) In this Schedule a reference to a trade includes a reference to part of a trade.

Corporation tax: continuity of trade

4

(1) This paragraph applies if as the result of a transfer scheme—

(a) a transferor ceases a trade, and

(b) a transferee commences it.

(2) In connection with the computation of profits and losses for the purpose of corporation tax in respect of periods wholly or partly after the commencement of the transfer scheme—

(a) the transferee shall be treated as having always carried on the trade, and

(b) the trade shall be considered separately from any other trade of the transferee (with any necessary apportionment being made).

Corporation tax: capital allowances

5

(1) This paragraph applies in respect of property transferred under a transfer scheme from—

(a) the Urban Regeneration Agency, or

(b) the Commission for the New Towns.

(2) Where the property was used by the transferor, and is to be used by the transferee, in connection with a trade, section 343(2) of ICTA (company reconstructions: capital allowances) shall apply.

6

The following transfers shall be treated as giving rise to neither allowance nor charge for the purposes of capital allowances in respect of a trade (and allowances shall be calculated as if the transferee had always carried on the trade)—

(a) a transfer from the Housing Corporation, and

(b) a transfer to government.

Corporation tax: capital gains

7

(1) This paragraph applies in respect of property transferred under a transfer scheme from—

(a) the Urban Regeneration Agency,

(b) the Commission for the New Towns, or

(2) Section 17 of TCGA (disposals and acquisitions treated as at market value) shall not apply.

(3) For the purposes of TCGA the transfer (in relation to the transferor and the transferee) is to be taken as being a disposal for a consideration such that neither gain nor loss accrues.

8

A transfer shall be disregarded for the purposes of section 30 of TCGA (value-shifting: tax-free benefits).

9

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

Corporation tax: intangible assets

10

(1) This paragraph applies for the purposes of Schedule 29 to FA 2002 (intangible assets).

(2) Expressions used in this paragraph have the same meaning as in that Schedule.

(3) A transfer between bodies of a chargeable intangible asset is a tax-neutral transfer.

(4) An intangible fixed asset which is an existing asset of the transferor at the time of a transfer between bodies is to be treated, on and after the transfer, as an existing asset of the transferee.

(5) A transfer to government of a chargeable intangible asset is to be treated as not involving a realisation of the asset by the transferor.

Corporation tax: loan relationships

11

(1) If as a result of a transfer the transferee replaces the transferor as a party to a loan relationship, paragraph 12(2) of Schedule 9 to FA 1996 (transfer within group: continuity of treatment) shall apply (whether or not the transferor and transferee are bodies corporate).

(2) Expressions used in this paragraph have the same meaning as in that Schedule.

Stamp duty

12

(1) Stamp duty shall not be chargeable on a transfer scheme.

(2) Stamp duty shall not be chargeable on a document certified by HMRC as connected with a transfer scheme.

(3) A document which is not chargeable by virtue of this paragraph must be stamped in accordance with section 12 of the Stamp Act 1891 (c. 39) with a stamp denoting that it is not chargeable.

SCHEDULE 8

Public Records Act 1958 (c. 51)

1

In Schedule 1 to the Public Records Act 1958 (definition of public records), at the end of paragraph 3, in Part 2 of the Table, insert at the appropriate place— “ The Homes and Communities Agency. ”

Land Compensation Act 1961 (c. 33)

2

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

Public Health Act 1961 (c. 64)

3

In Schedule 4 to the Public Health Act 1961 (attachment of street lighting equipment to certain buildings), in the first column of the Table, for the words from “Commission” to “1959” substitute “ Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 ”.

Parliamentary Commissioner Act 1967 (c. 13)

4

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—

(a) insert, at the appropriate place, “ Homes and Communities Agency ”,

(b) insert, in the Notes after the paragraph relating to the Treasury—

In the case of the Homes and Communities Agency no investigation is to be conducted in respect of any action in connection with functions in relation to town and country planning.

(d) omit the Notes relating to the Commission for the New Towns and the Urban Regeneration Agency.

Leasehold Reform Act 1967 (c. 88)

5

The Leasehold Reform Act 1967 is amended as follows.

6

In section 28(5)(b) (retention or resumption of land required for public purposes) for “Commission for the New Towns” substitute “ new towns residuary body ”.

7

(1) Section 29 (reservation of future right to develop) is amended as follows.

(2) In subsection (6)—

(a) in paragraph (a) for “Commission for the New Towns” substitute “ new towns residuary body ”, and

(b) for “that Commission” substitute “ that residuary body ”.

(3) In subsection (7) for “Commission for the New Towns” substitute “ Welsh new towns residuary body ”.

8

In section 30(7)(a) (reservation of right of pre-emption in new town or overspill area) for “Commission for the New Towns” substitute “ new towns residuary body ”.

9

In section 33 (Crown land) after subsection (2) insert—

(2A) For the purposes of this Part of this Act, an interest belonging to the Welsh new towns residuary body in a tenancy of land is to be treated as if it were not an interest belonging to the Crown.

10

In section 37(1) (interpretation of Part 1) after paragraph (b) insert—

(ba) “new towns residuary body” means— (i) in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; and (ii) in relation to Wales, means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981 (and references to the “Welsh new towns residuary body” shall be construed accordingly);

11

(1) Schedule 4 (re-acquisition for development) is amended as follows.

(2) In the heading for Part 2 for “New Towns Commission” substitute “ Welsh new towns residuary body ”.

(3) In paragraph 4—

(a) for “Commission for the New Towns” substitute “ Welsh new towns residuary body ”,

(b) for “the Commission, the Commission” substitute “ that body, the body ”, and

12

In paragraph 2(2)(c) of Schedule 4A (exclusion of certain shared ownership leases) for “Commission for the New Towns” substitute “ new towns residuary body ”.

National Loans Act 1968 (c. 13)

13

In Schedule 1 to the National Loans Act 1968 (Government lending and advances) in the entry relating to the New Towns Act 1981 (c. 64)—

(a) in column 1 omit “(5)(6)”, and

(b) in column 2 omit “and the Commission for the New Towns”.

Local Government Act 1972 (c. 70)

14

The Local Government Act 1972 is amended as follows.

15

(1) Section 100J (application of Part 5A of the Act to new authorities, Common Council, etc.) is amended as follows.

(2) In subsection (1) after paragraph (f) insert—

(g) the Homes and Communities Agency so far as it is exercising functions conferred on it in relation to a designated area by virtue of a designation order.

(3) After subsection (2) insert—

(2A) In its application by virtue of subsection (1)(g) above in relation to the Homes and Communities Agency, a reference in this Part to the offices of the council (however expressed)— (a) is to be treated as a reference to such premises located within the designated area as the Homes and Communities Agency considers appropriate, and (b) in the application of section 100A(6)(a) above to a case where the meeting is to be held at premises other than those mentioned in paragraph (a) above, includes a reference to those other premises.

(4) After subsection (3) insert—

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