Law

Local Government, Planning and Land Act 1980

United Kingdom · statute

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In force since 2026-10-05, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 171 provisions
  1. Title and introductory text
  2. 1 Relaxation of Ministerial control of authorities.
  3. 2 Duty of authorities to publish information.
  4. 3 Supplementary provisions relating to codes of practice on publication of information.
  5. 4 Power to direct bodies to publish information.
  6. 24 Right of councillor to opt for financial loss allowance.
  7. 25 Amendments relating to allowances to members of local authorities and other bodies.
  8. 26 Introduction of special responsibility allowances for members of local authorities.
  9. 27 Vice-chairmen of councils in Scotland and application of Part IV to Scotland.
  10. 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  11. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  12. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  13. 32 Rating exemption for fish farms in Scotland.
  14. 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  15. 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  16. 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  17. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  18. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  19. 47 Commencement and extent of Part V.
  20. 69 Grants in respect of rebates under the Rating (Disabled Persons) Act 1978.
  21. 70 Grants in respect of caravan sites for gipsies
  22. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  23. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  24. 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  25. 86 Distribution of planning functions between planning authorities.
  26. 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  27. 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  28. 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  29. 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  30. 91 Amendments relating to compulsory acquisition.
  31. 92 Town and Country Planning – Scotland.
  32. 93 Public bodies to whom Part X applies.
  33. 94 Areas in which Part X is to operate.
  34. 95 Registration of land holdings.
  35. 96 Public access to information.
  36. 96A Information about entries.
  37. 97 Secretary of State’s power to require information.
  38. 98 Disposal of land at direction of Secretary of State.
  39. 99 Directions to dispose of land– supplementary.
  40. 99A Power of entry.
  41. 100 Interpretation and extent of Part X.
  42. 101 Repeal.
  43. 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  44. 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  45. 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  46. 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  47. 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  48. 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  49. 108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  50. 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  51. 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  52. 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  53. 112 Claims for compensation for depreciation.
  54. 113 Claims for compensation for depreciation which are out of time on commencement date.
  55. 114 Claims for home loss payments.
  56. 115 Interpretation of Part XIII.
  57. 116 Assessment of development land.
  58. 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  59. 118 Land miscellaneous amendments.
  60. 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  61. 120 Compulsory acquisition: exclusion of special parliamentary procedure.
  62. 121 Certification of appropriate alternative development.
  63. 122 Acquisition and disposal of land by the Crown.
  64. 123 Acquisition of land by the Crown in Northern Ireland.
  65. 124 Town development functions.
  66. 125 Extent of Part XIV.
  67. 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  68. 131 Off-licences: special provisions to cease.
  69. 132 Power to end special licensing provisions.
  70. 133 Interpretation, amendments and extent.
  71. 134 Urban development areas.
  72. 135 Urban development corporations.
  73. 135A Oversight of locally-led urban development area
  74. 136 Objects and general powers.
  75. 136A Powers in relation to infrastructure: England
  76. 137 Exclusion of functions.
  77. 138 Restrictions on powers.
  78. 139 Allocation or transfer of functions.
  79. 140 Consultation with local authorities.
  80. 140A Exercise of transport functions
  81. 140B Transfer schemes under sections 134 and 140A: general provisions
  82. 141 Vesting by order in corporation.
  83. 142 Acquisition by corporation.
  84. 143 Acquisition by local highway authority.
  85. 144 Vesting and acquisition: supplementary.
  86. 145 Land compensation.
  87. 146 Disposal by corporation.
  88. 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  89. 148 Planning control.
  90. 149 Corporation as planning authority.
  91. 149A Arrangements for discharge of, or assistance with, planning functions in England
  92. 150
  93. 151 Building control.
  94. 152 Fire precautions and home insulation.
  95. 153 Corporation as housing authority.
  96. 154 Rent rebates.
  97. 155 Rent.
  98. 156 Other provisions relating to corporation as landlords.
  99. 157 Adoption of private streets.
  100. 157A Connection of private streets to highway.
  101. 157B Traffic regulation orders for private streets.
  102. 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  103. 159 Public health etc.
  104. 160 Loans for building.
  105. 161 Loans in pursuance of building agreements.
  106. 162 Inner urban areas.
  107. 163 Supply of goods etc. by local authorities.
  108. 164 Finance, accounts, reports, etc.
  109. 165 Power to transfer undertaking.
  110. 165A Transfer of property, rights and liabilities by order.
  111. 165B Transfer of property, rights and liabilities to statutory bodies.
  112. 166 Dissolution of corporations.
  113. 167 Power to survey land in Scotland etc.
  114. 168 Service of notices.
  115. 169 Ecclesiastical property.
  116. 170 Interpretation: statutory undertakers etc.
  117. 171 Interpretation: general.
  118. 172 Extent of Part XVI.
  119. 173 Duty of local authorities to provide caravan sites for gipsies.
  120. 174 Removal of unlawfully parked caravans and their occupants.
  121. 175 Designation of areas for purpose of making unauthorised camping unlawful.
  122. 176 Site licences: exemption for sites provided for gipsies by county councils of regional councils.
  123. 177 Interpretation of Part XVII.
  124. 178 Commencement and extent of Part XVII.
  125. 179 Enterprise zones.
  126. 180 Honorary freemen.
  127. 181 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  128. 182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  129. 183 Relaxation of Ministerial controls over social services.
  130. 184 Disclosure of information to Commissioners for Local Administration.
  131. 185 Pleasure boats bye laws.
  132. 186 Amendment of s. 94 of the Public Health Acts (Amendment) Act 1907.
  133. 187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  134. 188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  135. 190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  136. 191 Amendments of Inner Urban Areas Act 1978.
  137. 192 Finance-general.
  138. 193 Minor and consequential amendments.
  139. 194 Repeals.
  140. 195 Scotland.
  141. 196 Northern Ireland.
  142. 197 Citation.
  143. SCHEDULE 1 Provisions to which section 1(1) refers
  144. SCHEDULE 2 Relaxation of Controls Over Functions Relating to Clean Air and Pollution
  145. SCHEDULE 3 Relaxion of Controls Over Functions Relating to Amenity Etc.
  146. SCHEDULE 6 Relaxation of Controls Over Charges and Rates of Interest Etc.
  147. SCHEDULE 7
  148. SCHEDULE 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  149. SCHEDULE 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  150. SCHEDULE 13
  151. SCHEDULE 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  152. SCHEDULE 15
  153. SCHEDULE 16 Bodies to whom Part X Applies
  154. SCHEDULE 17 Community Land Act
  155. SCHEDULE 18 The Land Authority for Wales
  156. SCHEDULE 19 Public Authorities
  157. SCHEDULE 20 Land Authority for Wales: Acquisition of Land
  158. SCHEDULE 21 Land Authority for Wales: Further Provisions
  159. SCHEDULE 22 Supplementary Provisions (Wales)
  160. SCHEDULE 23 Land : Miscellaneous Amendments
  161. SCHEDULE 24 Land Compensation Acts as Amended
  162. SCHEDULE 25 New Towns
  163. SCHEDULE 26 Urban Development Corporations
  164. SCHEDULE 27 Vesting of Land in Urban Development Corporations
  165. SCHEDULE 28 Urban Development Corporations: Land
  166. SCHEDULE 29 Planning Functions of Urban Development Corporations— England and Wales
  167. SCHEDULE 30 Planning Functions of Urban Development Corporations–Scotland
  168. SCHEDULE 31 Urban Development Corporations: Finance etc.
  169. SCHEDULE 32 Enterprise Zones
  170. SCHEDULE 33 Minor and Consequential Amendments
  171. SCHEDULE 34 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

171 provisions

175 Designation of areas for purpose of making unauthorised camping unlawful.

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176 Site licences: exemption for sites provided for gipsies by county councils of regional councils.

In Schedule 1 to the Act of 1960 (cases where site licence is not required), the following is inserted after paragraph 11:— Gipsy sites occupied by county councils or regional councils 11A A site licence shall not be required for the use of land occupied by a county council, or in Scotland a regional council, as a caravan site provising accommodation for gipsies. .

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177 Interpretation of Part XVII.

In this Part of this Act— “the Act of 1960” means the Caravan Sites and Control of Development Act 1960; “the Act of 1968” means the Caravan Sites Act 1968; “caravan” has the same meaning as in the Act of 1960; and “gipsy” has the same meaning as in the Act of 1968.

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178 Commencement and extent of Part XVII.

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179 Enterprise zones.

Schedule 32 below (which makes special provision about planning and rates in zones designated under the Schedule) shall have effect.

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180 Honorary freemen.

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

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181 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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183 Relaxation of Ministerial controls over social services.

(1) The following section shall be substituted for section 3 of the Local Authority Social Services Act 1970 (under which no matter, other than a matter which by virtue of section 2 of the that Act stands referred to a local authority’s social services committee may be referred to or dealt with by the committee except with the consent of the Secretary of State):— Business of Social Services Committee. 3 (1) A local Authority may delegate to their social services committee any of the functions matters relating to which stand referred to the committee by virtue of section 2 of this Act (hereafter in this Act referred to as “social services functions") and, before exercising any of those functions themselves, the authority shall (unless the matter is urgent) consider a report of the committee with respect to the matter in question. (2) Nothing in section 2 of this Act prevents a local authority from referring to a committee a matter which by virtue of that section stands referred to the social services committee and which in the authority’s opinion ought to be referred to the other committee of the ground that it relates to a general service of the authority; but before referring any such matter the authority shall receive and consider a report of the social services committee with respect to the subject matter of the proposed reference. . (2) The following section shall be inserted after that section:— Power of local authority to refer or delegate to social services committee. 3A A local authority may refer to their social services committee any matter which in their view may appropriately be referred to that committee, but which would not otherwise stand referred to that committee by virtue of this Act, and may delegate to that committee any of their functions relating to a matter so referred. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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184 Disclosure of information to Commissioners for Local Administration.

(1) In subsection (3) of section 32 of the Local Government Act 1974 (which empowers a Minister of the Crown or an authority subject to investigation to give notice to a Local Commissioner that in the opinion of the Minister or authority disclosure of certain documents or information would be contrary to the public interest and which prevents any person from communicating any such document or information to any other person, or for any purpose) for the words “any person" there shall be substituted the words “ the Local Commissioner or any member of the staff of a Commission who is allocated to assist him ”. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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185 Pleasure boats bye laws.

(1) Subject to the provisions of this section, any of the following authorities, namely (i) a district council; (ii) a London borough council; (iii) the Common Council of the City of London, (iv) the council of a Welsh county or county borough, may make byelaws— (a) for regulating the numbering and maning of pleasure boats and vessels which are let for hire to the public and the mooring places for such boats and vessels; and (b) for fixing the qualifications of the boatmen or other persons in charge of such boats or vessels; and (c) for securing their good and orderly conduct while in charge. (2) No authority mentioned in subsection (1) above shall have power to make byelaws under that subsection in relation to pleasure boats or vessels operating— (a) on any water owned by Canal & River Trust; (b) on any inland waters (within the meaning of the Water Resources Act 1991) in respect of which the Environment Agency or the Natural Resources Body for Wales may make byelaws by virtue of paragraph 1 of Schedule 25 to that Act; (c) subject to subsection (3) below, on any canal or other inland navigation which a navigation authority, as defined in section 135(1) of the Water Resources Act 1963, are required or empowered to manage or maintain under any enactment; or (d) on any harbour maintained or managed by a harbour authority, as defined in section 57(1) of the Harbours Act 1964. (3) Subsection (2)(c) above does not preclude a local authority making byelaws under subsection (1) above in relation to pleasure oats or vessela operating on any canal or inland navigation which they themselves are required or empowered to manage or maintain.

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

The following subsections shall be added at the end of section 94 of the Public Health Acts (Amendment) Act 1907— (8) No licence under this section shall be required in respect of pleasure boats and pleasure vessels on any canal owned or managed by the British Waterways Board. (9) In subsections (1) and (3) of this section “let for hire” means let for hire to the public. .

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187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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191 Amendments of Inner Urban Areas Act 1978.

(1) The following subsection shall be substituted for subsection (3) of section 6 of the Inner Urban Areas Act 1978 (which limits the amount of a grant under that section for converting or improving a building to 50 per cent. of the cost of carrying out the works or a fixed amount for each job which, in the opinion of the authority making the grant, is likely to be created or preserved as a result of the carrying out of the works, whichever is the less):— (3) The amount of a grant under this section shall not exceed 50 per cent. of the cost of carrying out the works. . (2) The following sub-paragraph shall be substituted for paragraph 2(1) of the Schedule to that Act (Secretary of State’s notification that all or part of an improvement area is no longer to be such an area):— 2 (1) If the area declared to be an improvement area by a resolution under paragraph 1(1) above is wholly or partly included in an area of land designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the Secretary of State, if it appears appropriate to him— (a) may at any time before the resolution takes effect send to the authority a notification that the land included in the urban development area is not to be or to be included in the improvement area by virtue of the resolution; and (b) may at any time after the resolution takes effect, send them a notification that the land included in the urban development area is no longer to be or to be included in the improvement area by virtue of it. .

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192 Finance-general.

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

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193 Minor and consequential amendments.

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

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194 Repeals.

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

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195 Scotland.

(1) Parts IV, V, IX, XII, XIV, XV and XVII of this Act apply to Scotland to the extent specified in sections 27, 47, 92, 111, 125, 133 and 178 respectively. (2) Parts VI, VIII and X of this Act do not apply to Scotland. (3) In this Part of this Act sections 180, 181, 183, 185, 186 and 190 do not extend to Scotland.

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196 Northern Ireland.

The following provisions of this Act extend to Northern Ireland, that is to say— section 101; section 123; in Schedule 17, so much of paragraph 5 as relates to section 123; in Schedule 22, paragraph 15; in Schedule 26, paragraph 18; so much of Part XI of Schedule 34 as repeals any enactment which extends to Northern Ireland; but except as aforesaid, and except so far as it relates to the commencement of those provisions, this Act does not extend to Northern Ireland.

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197 Citation.

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

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SCHEDULE 1 Provisions to which section 1(1) refers

Section 1(1). Prevention of damage by Pests Act 1949 (c. 55) 1 Section 2 (power to direct keeping of records etc.) 2 Section 12 (directions) Rag Flock and other Filling Materials Act 1951 (c. 63) 3 Section 6 (appeals). 4 Section 7 (appeals) 5 Section 15 (regulations about fees for tests). Food and Drugs Act 1955 (4 & 5 Eliz. 2) (c. 16) 6 Section 99 (requirement to transmit copy of public analyst’s report to Minister). 7 Section 109 (institution of proceedings). Agriculture Act 1970 (c. 40) 8 Section 67 (reports). 9 Section 80 (institution of prosecutions). Local Government Act 1972 (c. 70) 10 Section 138 (emergencies and disasters). Slaughterhouses Act 1974 (c. 3) 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 12(1) (requirement to make byelaws). 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Section 1(2). Clean Air Act 1956 (c. 52) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clean Air Act 1968 (c. 62) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Control of Pollution Act 1974 (c. 40) 7 In section 2— (a) in subsection (2) (waste disposal plans; power to modify required contents by regulations) omit the words from “but provision may be made by regulations" to the end; (b) in subsection (3)(a) (duty to consult) in paragraph (vi) omit “and such other persons as are prescribed"; (c) omit subsection (7) (power of Secretary of State to give authority direction as to the time by which it is to perform duty). 8 In section 5— (a) in subsection (1) (application for disposal licence to be made in writing and include prescribed information) omit “and include such information as is prescribed"; (b) in subsection (2) (disposal licences and planning) omit the words from “but provision may be made by regulations" to the end; (c) in subsection (4)(a) (disposal authority to refer proposal to certain persons) omit “and to any other prescribed person"; and (d) in subsection (5)(a) (which make similar provision in relation to Scotland) omit and (iii) any other prescribed person; . 9 (1) The following provisions (which relate to procedural matters connected with waste disposal) shall cease to have effect, namely— (a) in section 6(1), the words “as to the conditions which are or are not to be specified in a disposal licence, and"; and (b) in section 11(3)(c) and (4)(a) the words “and to any other prescribed person". (2) in section 6(4)(a), for “prescribed particulars" substitute “ copies ”. (3) In section 11(10) for “particulars" substitute “ copies ”. 10 (1) The following subsections shall be substituted for subsection (1) of section 13 (dustbins etc.):— (1) Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice. (1A) A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100. (2) In subsection (3) of that section— (a) for the words “the kind or number of the receptacles required by" there shall be substituted the words “ any requirement specified in ”; and (b) in paragraph (c), for the words “the kind or number of receptacles" there shall be substituted the words “ any requirement ”. (3) The following subsections shall be substituted for subsection (5):— (5) If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice. (5A) A person who fails to comply with any requirement specified in the notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £100. . (4) In subsection (6), for the words “the kind or number of receptacles" there shall be substituted the words “ any requirement ”. (5) The following subsections shall be substituted for subsection (7):— (7) A notice under subsection (1) or (5) of this section may make provision with respect to— (a) the size, construction and maintenance of receptacles for controlled waste; (b) the placing of receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose; (c) the placing of receptacles for that purpose of highways; (d) the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and (e) the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises. (7A) A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on highways unless— (a) the relevant highway authority have given their consent to their being so placed; and (b) arrangements have been made as to the liability for any damage arising out of their being so placed. 11 (1) In section 23 (prohibition of parking to facilitate street cleaing) for subsection (2), substitute— (2) Such a notice must specify the relevant area, the relevant day and the hours in question; and a copy of the notice must— (a) be served on the occupier of any premises adjoining the relevant area; and (b) be conspicuously displayed at places in the relevant area. (2A) The effect of the giving of such a notice and of the service and display of copies of it as required by subsection (2) of this section shall be to suspend during the hours of the relevant day specified in the notice the operation of any provision which is contained in an order under the Road Traffic Regulation Act 1967 or a local enactment and which authorises, designates or regulates the use of a street parking place in the relevant area. (2B) The authority giving the notice shall cover up traffic signs and parking meters in the relevant area during the hours if the relevant day specified in the notice, but without prejudice to the effect of the notice. . (2) Omit section 22(3). (3) For subsection (5) substitute:— (5) If, either before or during the hours on the relevant day which are specified in a notice given by an authority as mentioned in subsection (1) of this section, the authority displays notices in the relevant area stating that the prohibition on parking is not to come into force or is to cease to be in force, the effect of the notices under this subsection shall be to prevent the prohibition coming into force or, as the case may be, to terminate it. . (4) After subsection (6) insert:— (6A) No authority shall issue a notice under this section whose effect would be to suspend the operation of provisions of an order not made by the highway authority without first consulting the authority who made the order. . (5) After subsection (8) insert:— (9) In this section “parking meter", “street parking place" and “traffic sign" have the same meanings respectively assigned to them by sections 36(2)(a), 104(1) and 54 of the Road Traffic Regulation Act 1967. . 12 In section 27(1)(b) (interference with receptacles for waste) for “regulations made by virtue of section 13(7)" substitute “ a notice under section 13(1) or (5) ”. 13 In section 28(1), (supplementary provisions relating to pipes), omit “in the prescribed form". 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Omit section 73(2)(a) (determination by Secretary of State of questions as to local authority area). 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 In section 90(2)(b) (interest on sums payable to water or other authorities) for the words from “the rate", in the first place where they occur to the end substitute “ such reasonable rate or rates as the authority may determine ”. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Section 1(3) Commons Act 1876 (c. 56) 1 Omit section 8 (surburban commons procedure). Commons Act 1899 (c. 30) 2 (1) In section 2 (procedure for making schemes)— (a) in subsection (1), omit the second sentence; (b) in subsection (2), for “Board of Agriculture" substitute “ council ”; (c) in subsection (3), for “Board of Agriculture" and “Board" substitute “ council ”; (d) in subsection (4), for “Board of Agriculture" and for “Board", in both places where it occurs, substitute “ Council ”. (2) Accordingly, for section 11 substitute— 11 All expenses of incidental to the preparation and execution of a scheme under this Part of this Act shall be paid by the district council. . 3 In section 12 (contributions towards expenses) omit the words “and subject to the approval of the Local Government Board". National Parks and Access to the Countryside Act 1949 (c. 97) 4 Omit section 37 (power of Minister to expedite maps etc.). 5 In section 61(3), omit paragraph (b) of the proviso (directions as to application of enactments). 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 For section 69 substitute— Suspension of public access to avoid exceptional risk of fire. 69 If, upon application made the the county planning authority by any person interested in land comprised in an access agreement or order, or by any other person appearing the that authority to have a sufficient interest in the matter, the authority are satisfied that, by reason of any exceptional conditions of weather for the time being prevailing, access by the public to the land or any part of it is likely to result in fires occurring on it, the authority may direct that subsection (1) of section 60 of this Act shall not have effect in relation to the land during such period as may be specified in the direction. . 8 Omit section 79 (access to woodlands). 9 In section 80(3), (variation of access agreements) omit “made with the approval of the Minister". Caravan Sites and Control of Development Act 1960 (c. 62) 10 (1) In section 3(2) (issue of site licences by local authorities) for the words from “particulars" to the end substitute “ other information as they may reasonably require. ”. (2) In subsections (4) and (5), for “particulars prescribed under" substitute “ information required by virtue of ”. London Government Act 1963 (c. 33) 11 For section 58(1) (parks and open spaces) substitute— (1) The Open Spaces Act 1906, except section 14 shall have effect as if the London borough councils and the Greater London Council were included among the local authorities to whom it applies. Countryside Act 1968 (c. 41) 12 Omit section 17 (access orders: agricultural land). Caravan Sites Act 1968 (c. 52) 13 For section 9 substitute— Power of Secretary of State to direct local authorities to provide sites. 9 The Secretary of State may, if at any time it appears to him to be necessary so to do, give directions to any local authority to which subsection (1) of section 6 of this Act applies requiring them to provide, pursuant to that section, such sites or additional sites, for the accommodation of such numbers of caravans, as may be specified in the directions ; and any such directions shall be enforceable, on the application of the Secretary of State, by mandamus. . Refuse Disposal (Amenity) Act 1978 (c. 3) 14 In section 3(2) (which empowers a local authority to give notice in the prescribed manner that they propose to remove an abandoned motor vehicle but provides that they shall not be entitled to remove it if the person to whom the notice is given objects to their proposal in the prescribed manner and within the prescribed perriod) omit “in the prescribed manner" and “in the prescribed manner and". 15 Omit section 4(4) (under which the Secretary of State may by regulations require a local authority by whom a vehicle is disposed of to give such information relating to the disposal as may be prescribed to such person as may be prescribed). 16 In section 6(2) (under which a local authority are not entitled to exercise their power too remove refuse other than motor vehicles which is situated on land appearing to the authority to be occupied by any person unless they have given him notice in the prescribed manner that they propose to remove it and he has failed to object to the proposal in the prescribed manner and within the prescribed period) omit “in the prescribed manner" and “in the prescribed manner and".

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

Section 1(6). Town Police Clauses Act 1847 (c. 89) 1 In section 46 of the Town Police Clauses Act 1847 (drivers of hackney carriages not to act without first obtaining a licence) for the words from “and a fee" to “paid" there shall be substituted the words “ and such fees as the commissioners may determine shall be paid ”. 2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Health Act 1936 (c. 49) 4 In section 291(3) (rates of interest on charges for works)— (a) after the word “such" there shall be inserted the word “ reasonable ”; and (b) the proviso shall cease to have effect. Coast Protection Act 1949 (c. 74) 5 In section 10(2) of the Coast Protection Act 1949 (regulations as to rates of interest) for the words from “rate" to the end there shall be substituted the words “ reasonable rate as may be determined by the authority ”. Rag Flock and Other Filling Materials Act 1951 (c. 63) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7—9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Libraries and Museums Act 1964 (c. 75) 10 In section 8(2) of the Public Libraries and Museums Act 1964 (charges for services) the words “noot exceeding such amount as may be specified in that behalf by the Secretary of State" shall cease to have effect. Theatres Act 1968 (c. 54) 11 In paragraph 3 of Schedule 1 to the Theatres Act 1968 (fees for licences) for the words “fee as may be prescribed by the Secretary of State by order made by statutory instrument" there shall be substituted the words “ reasonable fee as the authority may determine ”. Mines and Quarries (Tips) Act 1969 (c. 10) 12 In section 23(5) of the Mines and Quarries (Tips) Act 1969 (expenses) for the words “rate as may be specified by order made by the Minister" there shall be substituted the words “ reaonable rate as the authority may determine ”. Poisons Act 1972 (c. 66) 13 In section 5(3) of the Poisons Act 1972 for the words “the prescribed fees" there shall be substituted the words “ any fees determined by the authority under section 6(2) below ”. (2) In section 6(2) of that Act for the words “fees as may be prescribed" there shall be substituted the words “ reasonable fees as the authority may determine ”. Greater London Council (General Powers) Act 1972 (c. xl) 14 In section 19(6)(a) of the Greater London Council (General Powers) Act 1972 (by virtue of which a London borough council may recover expenses in respect of the restoration of gas and electricity services, together with interest) after the word “thereon" there will be inserted the words “ at such reasonable rate as the borough council may determine ”. Breeding of Dogs Act 1973 (c. 60) 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government (Scotland) Act 1973 (c. 65) 16 In section 121(1) omit the words “section 10(2) of the Coast Protection Act 1949" and “section 23(5) of the Mines and Quarries (Tips) Act 1969". 17—20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government (Miscellaneous Provisions) Act 1976 (c. 57) 21 In the following provisions of the Local Government (Miscellaneous Provisions) Act 1976, namely— (a) section 24(6) (expenses in relation to dangerous trees); and (b) section 33(3) (expenses in relation to the restoration or continuation of a supply of water, gas or electricity), for the words “the rate fixed by section 171(2) of the Local Government Act 1972", in both places where they occur, there shall be substituted the words “ such reasonable rate as the council may determine ”.

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SCHEDULE 7

Section 1(7), (8). Part I Highways Relaxation of Ministerial controls over the provision of ferries 1 (1) So much of section 53 of the National Parks and Access to the Countryside Act 1949 (ferries for purposes of long-distance routes)— (a) as makes the exercise of a highway authority’s powers subject to the approval of any Minister; or (b) as confers upon any Minster any power to give a local highway authority directions, shall cease to have effect. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relaxation of Ministerial controls in respect of footpaths and bridleways 2 (1) (2) In section 30 of that Act (which relates to the making up of new footpaths and bridleways)— (a) subsections (2) and (3) (which relate to the settlement by the Secretary of State of disputes as to works for that purpose) shall cease to have effect; and (b) in subsection (4) (which relates to the carrying out of such works and the recovery of expenses incurred in carrying them out), for the words from the beginning to “thereof", in the first place where it occurs, there shall be substituted the words “ It shall be the duty of the highway authority to carry out any works specified in a certificate under subsection (1) of this section ”. (3), (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In section 126 of that Act (authorisation of erection of stiles etc. in footpath or bridleway) subsection (2) which gives the Secretary of State power to determine certain disputes about such authorisation) shall cease to have effect. (6) In section 29(4) of the Countryside Act 1968 (by virtue of which a highway authority are required to consult the Minster of Agriculture, Fisheries and Food before refusing to make an order under that section relating to the making giid of the surface of a footpath or bridleway after it has been ploughed up) the words “and the highway authority shall before refusing to make an order under subsection (2) of this section consult the Minister of Agriculture, Fisheries and Food" shall cease to have effect. Abolition of Ministerial powers in respect of certain expenses 3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The proviso to section 211(3) of that Act (by virtue of which an order may fic the maximum amount to be charged under a charging order in respect of expenditure on street works) shall cease to have effect. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Abolition of Ministerial powers in relation to toll highways 4 In section 233 of the Highways Act 1959 (transfer of toll highways to highway authorities)— (a) in subsection (2) (by virtue of which a right to charge highway tolls which is transferred to a county council continues to be exercisable for such number of years only as may be allowed, where the county is in England, by the Minister of Transport, and where it is in Wales, by the Secretary of State) the words from “but" to the end shall cease to have effect; and (b) in subsection (5) (by virtue of which agreements in relation to toll highways may only be made between two or more county councils with the approval, where their counties are in England, of the Minister of Transport, and where they are in Wales, of the Secretary of State) the words “subject to the approval of the Minister" shall cease to have effect. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Abolition of certain procedures for settlement of disputes by Minister 6 (1) This paragraph shall have effect for the purpose of abolishing certain powers of the Seecretary of State or the Minister of Transport to determine disputes. (2) The following subsection shall be substituted for section 5(3) of the Local Government (Miscellaneous Provisions) Act 1953 (provision of omnibus shelters etc. by local authorities) :— (3) Where the consent of the Secretary of State or the Minister of Transport is required under this section, disputes between the Minister whose consent is required and the local authority as to whether the consent of that Minister is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any shelter or other accommodation in accordance with any condition of the consent is reasonable required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers. . (3) In section 108(10) of the Highways Act 1959 (which provides that any consent of an authority which is required for the diversion of a highway shall not be unreasonably withheld) the words “and any question arising under this subsection whether the eithholding of a consent is unreasonable shall be determined by the Minister" shall cease to have effect. (4) Section 246(2) of that Act (disputes as to nature of sums paid or recovered under Act) shall cease to have effect. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Section 29(3) of the Local Government Act 1966 (which gives a lighting authority a right to appeal in case of dispute as to the exercise of their powers for purposes of the lighting of a highway for which they are not the highway authority) shall cease to have effect. Abolition of certain Ministerial controls relating to structures on and near highway 7 The following provisions, namely— (a) in the Highways Act 1959— (i) the proviso to section 73(1) (requirement to notify of proposed building lines for classified roads); and (ii) sections 95 and 96 (regulations about cattlegrids); and (b) section 120 of the Transport Act 1968 (orders prescribing minimum heights for parapets of bridges carrying roads over railways); shall cease to have effect. Miscellaneous amendments of Highway Acts and associated legislation 8 (1) Section 280(2), (3) and (4) of the Highways Act 1959 (which give powers ti prescribe the form of various notices, orders, advertisements, certificates and other documents and provise that if forms are prescribed in exercise of those powers, those forms or forms to the like effect shall be used in all cases to which those forms are applicable) shallcease to have effect. (2) The following enactments, namely— (a) section 288 of the Highways Act 1959; (b) section 16(4) of the Highways (Miscellaneous Provisions) Act 1961; and (c) Section 85 of the Highways Act 1971, each of which gives a power to repeal or amend local Acts) shall cease to have effect. (3) The repeal of the enactments specified in sub-paragraph (2) above shall not affect any application made under any of them before the passing of this Act; and any power conferred by any of them may accordingly be exercised after the passing of this Act in pursuance of any applciation. (4) Any order made under an enactment specified in sub-paragraph (2) above shall continue to have effect notwithstanding the repeal of that enactment. Part II Road Traffic 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Traffic on bridges etc. 14 (1) The following enactments (which relate to the control of traffic on bridges and, amongst other things, give certain powers in relation to its control) shall cease to have effect— (a) section 6 of the Locomotive Act 1861; (b) section 7 of the Locomotives Act 1898; (c) section 11 of the Ministry of Transport Act 1919; (d) section 17 of the Road Traffic Regulation Act 1967. (2) Nothing in sub-paragraph (1) above shall effect— (a) any requirement to obtain consent under section 6 of the Locomotive Act 1861 which subsists at the passing of this Act by virtue of the placing of a notice on any bridge, or any liability for failure to obtain consent under that section; or (b) any appeal to the Minister of Transport or, as the case may be, to the Secretary of State, under section 7 of the Locomotives Act 1898 or section 11 of the Ministry of Transport Act 1919 which is pending on the passing of this Act. (3) From the passing of this Act any notice placed on a bridge by authority of a person such as is mentioned in section 6 of the Locomotive Act 1861 shall be deemed to have been placed there— (a) if the bridge is outside Greater London, in pursuance of an order under section 1 of the Road Traffic Regulation Act 1984, and (b) if it is in Greater London, in pursuance of an order under section 6 of that Act. (4) Nothing in this paragraph affects a bridge which does not carry a road (within the meaning of section 142 of the Road Traffic Regulation Act 1984 Miscellaneous 15 (1) Section 1(9) of the Road Traffic Regulation Act 1967 (power of appropriate Minister to repeal local Acts extending the powers of section 26 of the Road Traffic Act 1960) shall cease to have effect. (2) Any order made under section 1(9) of the Road Traffic Regulation Act 1967 shall continue to have effect notwithstanding the repeal of that subsection.

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SCHEDULE 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 13

Section 81. 1—8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 15

Section 90. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2—15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17—20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25—28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 16 Bodies to whom Part X Applies

Section 93. A county council. A county borough council. A corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021. A district council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A London borough council. The Common Council of the City of London. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A joint authority established by Part IV of the Local Government Act 1985. An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009. A combined authority established under section 103 of that Act. A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023. The Greater London Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The London Fire Commissioner. Transport for London. A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004. A police and crime commissioner. The Mayor's Office for Policing and Crime. The British Transport Police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A development corporation established under the New Towns Act 1981 An urban development corporation established under this Act. A housing action trust established under Part III of the Housing Act 1988. The Regulator of Social Housing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Civil Aviation Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Coal Authority The British Broadcasting Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The National Rivers Authority Statutory undertakers other than Canal & River Trust. In paragraph 18 above “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal inland navigation, dock or harbour undertaking, or any undertaking for the supply of ... , ... or hydraulic power Provided that where any persons carry on a business to the main purpose of which any such undertaking is merely ancillary those persons shall not be treated as statutory undertakers for the purposes of paragraph 18 above.

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SCHEDULE 17 Community Land Act

Section 101. Part I Preliminary 1 (1) In this Schedule “the 1975 Act” means the Community Land Act 1975. (2) In this Schedule references to sections, Schedules and Parts are to those of the 1975 Act (unless the contrary is indicated). (3) In this Schedule “the 1971 Act” means the Town and Country Planning Act 1971 and “the Scottish Act of 1972” means the Town and Country Planning (Scotland) Act 1972. Part II Repeals 2 Subject to the following provisions of this Schedule, the 1975 Act shall be repealed on the passing of this Act. 3 (1) The following provisions of the 1975 Act shall be repealed on the appointed day:— section 1 (authorities), section 2 (joint boards), in section 6, in subsection (1) the definitions of enactment, local authority and new town authority, and subsection (6), section 7 and Schedule 2 (appointed days etc.), section 26 (compensation payable in transaction between certain authorities), section 40 (grants to authorities who buy or rent Crown land), section 43 (accounts and records), section 44 (community land surplus accounts), except (in subsection (3) the words from “or (b)" to the end, section 51 (power to obtain information), section 52 (service of documents), section 53 (orders), section 54 (directions and consents), section 55 (local inquiries), section 56 (offences by corporations), section 57 (finance), section 58 (extent etc.). (2) In sub-paragraph (1) above “the appointed day” means, in relation to any provision of the 1975 Act, the day appointed for its repeal by an order of the Secretary of State made by statutory instrument. (3) Different days may be so appointed in relation to different provisions of the 1975 Act or for different purposes in relation to any such provision. Part III Provisions Re-Enacted Etc. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Each provision of the 1975 Act mentioned in column 1 below is re-enacted (in certain cases with modifications) in the corresponding provision of this Act mentioned in column 2— 1975 ACT | THIS ACT Section 37 (acquisition and disposal of land by the Crown) | Section 122 Section 38 (acquisition of land by Crown in Northern Ireland) | Section 123 Section 41 (exclusion of special parliamentary procedure) | Section 120 Section 47 (certification of appropriate alternative development) | Section 121 In Schedule 10 (minor and consequential amendments)— paragraph 2 | Schedule 33, paragraph 1 paragraph 3 | Schedule 33, paragraph 3 paragraph 4(1) to (3) and (5) | Schedule 33, paragraph 5 paragraph 5(1) to (3) and (5) | Schedule 33, paragraph 7 paragraph 6(1)(a) | Schedule 15, paragraph 2 paragraph 7(1)(a) | Section 92(1) paragraph 8(2) | Schedule 33, paragraph 13 Part IV Savings and Supplementary General 6 This Part of this Schedule contains savings and supplementary provisions in respect of certain provisions of the 1975 Act repealed by this Act. Offences 7 No repeal by section 101 above and this Schedule affects liability for any offence committed before the repeal takes effect. Suspension of planing permission 8 (1) Sub-paragraphs (2) to (5) below shall have effect in consequence of the repeal by this Act of section 22. (2) Where planning permission has been suspended under section 19 or 20— (a) no enforcement notice under Part V of the 1971 Act or under Part V of the Scottish Act of 1972 may be served after the passing of this Act if it could not have been served before then apart from section 22(1); (b) if such a notice has been served before the passing of this Act and it could not have been served apart from section 22(1), the notice shall be disregarded (subject to paragraph 7 above, which has the effect of saving liability for an offence committed before the repeal of section 22(1). (3) Where planning permission has been suspended under section 19 or 20, in determining, after the passing of this Act, the value of any land for the purpose of compensation, section 22(2) and (3) shall be ignored. (4) Where— (a) planning permission has been suspended under section 19 or 20, and (b) by virtue of section 22(6) the right to serve a blight notice has arisen in respect of an interest in any land (“the blighted land"), and (c) a notice has been served in respect of the interest before the passing of this Act, then, notwithstanding the repeal of section 22, 192(1) of the 1971 Act (and in Scotland section 181(1) of the Scottish Act of 1972) shall continue to have effect as if the land specified therein included the blighted land. (5) Where planning permission has been suspended under section 19 or 20 and a time limit is accordingly extended under section 22(7), the period of the extension shall expire on the ending of the suspension by virtue of this Act (if it has not expired before then.) Land Authority for Wales 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land 10 (1) This paragraph applies where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act. (2) In that case, section 15 shall continue to apply as it applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed. 11 (1) Where, immediately before the passing of this Act, an authority holds land for the purposes of Part III, the land shall on the passing of this Act be treated as follows. (2) Land held by the council of a county, district or London borough, the Common Council of the City of London, the Greater London Council or the Council of the Isles of Scilly shall be treated as if it had been acquired by the council concerned for planning purposes (within the meaning of section 133(1) of the 1971 Act). (3) Land held by a regional, general or district planning authority shall be treated as if it had been acquired by the authority concerned for planning purposes (within the meaning of section 122(1) of the Scottish Act of 1972). (4) Land held by a new town authority (that is, a development corporation as defined in section 2 of the New Towns Act 1965, or in section 2 of the New Towns (Scotland) Act 1968) shall be treated as if it had been acquired by the authority under that Act. (5) Land held by the Peak Park Joint Planning Board or the Lake District Special Planning Board shall be treated as if it had been acquired by the Board concerned under section 119 of this Act. General duties of authorities 12 (1) Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal of section 17 and Schedule 6. (2) In exercising any function after the passing of this Act an authority need not have regard to the matters specified in section 17 and Schedule 6. (3) In disposing, or agreeing to dispose, of an interest in land after the passing of this Act, an authority need not have regard to an application (whenever made) under paragraph 2 of Schedule 6. Planning permission for relevant development 13 (1) Sub-paragraphs (2) to (8) below shall have effect in consequence of the repeal by this Act of sections 19 and 20 and Schedule 7. (2) Where an election is made under section 19(2) before the passing of this Act, an authority on whom the notice is served need not— (a) send a copy to any other authority under section 19(2), or (b) serve a notice under paragraph 4 of Schedule 7 (notice about intention to acquire). (3) Where an application is made before the passing of this Act for planning permission to which section 20 applied immediately before the passing of this Act, an authority need not serve a notice under paragraph 5 of Schedule 7. (4) An authority who have before the passing of this Act abandoned their power to purchase land (as mentioned in section 19(5) or 20(2) are not prevented by section 19(5) or 20(2) from acquiring the land under the 1971 Act or under the Scottish Act 1972 in pursuance of a compulsory purchase order. (5) Planning permission suspended before the passing of this Act by virtue of section 19(6) or 20(3) shall on the passing of this Act no longer be suspended. (6) Any notice served under paragraph 4 or 5 of Schedule 7 before the passing of this Act shall cease to be a local land charge on the passing of this Act; and where any such notice has been registered as a local land charge the registration shall, without prejudice to any rules made under the Local Land Charges Act 1975, be cancelled accordingly. (7) No authority is under a duty to serve a notice under paragraph 6 of Schedule 7 after the passing of this Act. (8) After the passing of this Act, no copy of an application or notification (in each case, whenever made) need be sent under Part III of Schedule 7 (transmission of information). Disposal notification areas 14 Any saving having effect immediately before the passing of this Act by virtue of pargraph 7 of Schedule 8 shall continue to have effect notwithstanding the repeal of that paragraph by this Act. Direction to dispose of land 15 The repeal by this Act of section 45 does not affect a direction made under that section before the passing of this Act.

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SCHEDULE 18 The Land Authority for Wales

Section 102. 1 The Land Authority for Wales shall by that name be a body corporate and shall consist of such number of members, not less than six and not exceeding nine, as the Secretary of State may from time to time determine. 2 (1) The members shall be appointed by the Secretary of State, who shall appoint one of them to be chairman of the Authority and may appoint another to be deputy chairman. (2) Four offices as members of the Authority shall be held by persons appointed by the Secretary of State after consultation with such organisations as appear to him to be representative of local authorities in Wales. 3 (1) Subject to the provisions of this paragraph, a member of the Authority, and the chairman and deputy chairman, shall hold and vacate office in accordance with the terms of his appointment. (2) A member may by notice in writing addressed to the Secretary of State resign his membership and the chairman or deputy chairman may by the like notice resign his office. (3) The Secretary of State may remove a person from membership if satisfied that he— (a) has become bankrupt or made an arrangement with his creditors; or (b) is incapacitated by physical or mental illness; or (c) has been absent from more than six consecutive meetings of the Authority otherwise than for a reason approved by the Secretary of State; or (d) is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member. (4) A person who ceases to be a member, or ceases to be chairman or deputy chairman, shall be eligible for re-appointment. (5) If the chairman or deputy chairman ceases to be a member of the Authority he shall also cease to be chairman or deputy chairman. (6) A person may hold all or any of the following offices at the same time, that is secretary or other officer of the Authority, member of the Authority and deputy chairman of the Authority; and a person holding the office of chairman of the Authority may hold any other office except that of secretary or deputy chairman. 4 The Authority, with the approval of the Secretary of State, may appoint a secretary of the Authority, and such other officers and servants as the Authority may, after consultation with the Secretary of State and with the consent of the Minister, determine. 5 (1) The Authority shall pay to members of the Authority such remuneration and allowances as may be determined by the Secretary of State with the consent of the Minister. (2) In the case of any such person as the Secretary of State may with the consent of the Minister determine, the Authority shall pay such pension, allowance or gratuity to or in respect of him, or make such payment towards the provision of such a pension, allowance or gratuity, as may be so determined. (3) If a person ceases to be a member of the Authority, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, with the consent of the Minister, require the Authority to pay to that person a sum of such amount as the Secretary of State may with the consent of the Minister determine. (4) As soon as practicable after the making of any determination under sub-paragraph (2) or sub-paragraph (3) of this paragraph the Secretary of State shall lay a statement thereof before each House of Parliament. Staff 6 The Authority shall pay to its officers and servants such remuneration and allowances as it may, after consultation with the Secretary of State and with the consent of the Minister, determine. 7 (1) The Authority shall, in the case of such of the persons employed by it as may be determined by the Authority with the consent of the Secretary of State given with the approval of the Minister, pay such pensions, allowances or gratuities to or in respect of those persons as may be so determined, make such payments towards the provision of such pensions, allowances or gratuities as may be so determined or provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be so determined. (2) Where a person employed by the Authority and participating in a scheme for the payment of pensions, allowances or gratuities which is applicable to such persons becomes a member of the Authority, his service as a member may be treated for the purposes of the scheme as service as a person employed by the Authority. Proceedings and instruments 8 (1) Subject to the following provisions of this Schedule the Authority shall have power to regulate its own procedure. (2) The quorum at meetings of the Authority shall be four. 9 (1) A member of the Authority who is in any way directly or indirectly interested in any land which is the subject of a transaction entered into or proposed to be entered into by the Authority shall disclose the nature of his interest at a meeting of the Authority; and the disclosure shall be recorded in the minutes of the Authority, and the member shall not take any part in any deliberation or decision of the Authority with respect to the transaction. (2) For the purposes of sub-paragraph (1) above a general notice given at a meeting of the Authority by a member of the Authority to the effect that he is a member of a specified company or firm and is to be regarded as interested in any transaction which may, after the date of the notice, be entered into in relation to that company or firm, shall be regarded as a sufficient disclosure of his interest in relation to any such transaction. (3) A member of the Authority need not attend in person at a meeting of the Authority in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting. 10 The proceedings of the Authority shall not be invalidated by any vacancy in the number of their members or by any defect in the appointment of any person as a member or chairman or deputy chairman or by any failure to comply with the requirements of paragraph 9 above. 11 The seal of the Authority shall be authenticated by the signature of the secretary or of any person authorised by the Authority to act in that behalf. 12 A certificate signed by the secretary that any instrument purporting to be made or issued by or on behalf of the Authority was so made or issued shall be conclusive evidence of that fact. 13 Every document purporting— (a) to be an instrument made or issued by or on behalf of the Authority and to be sealed with the seal of the Authority authenticated in the manner provided by paragraph 11 above, or to be signed or executed by the secretary or any person authorised by the Authority to act in that behalf, or (b) to be such a certificate as is mentioned in paragraph 12 above, shall be received in evidence and be deemed without further proof to be so made or issued or to be such a certifcate, unless the contrary is shown. Supplemental 14 (1) A person dealing with the Authority, or with a person claiming under the Authority, shall not be concerned to inquire— (a) whether any directions have been given to the Authority under this Act or whether any directions so given have been complied with, or (b) whether the consent or approval of the Secretary of State or the Minister required for any of the purposes of this Act has been given, or whether any condition or limitation subject to which any such consent or approval was given has been complied with, and, in favour of any such person, the validity of anything done by the Authority shall not be affected by anything contained in any such direction, consent or approval or by reason that any such direction, consent or approval has not been given. (2) Without prejudice to sub-paragraph (1) above, the validity of a compulsory purchase order made by the Authority shall not be affected by anything contained in a direction given under section 102(4) above or by reason that any such direction has not been complied with. 15 In this Schedule “the Minister” means the Treasury

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SCHEDULE 19 Public Authorities

Section 103. 1 The public authorities for the purposes of section 103(5) above are— (a) a county council, (aa) a county borough council, (ab) a joint planning board in Wales, (b) a district council, (c) a community council, (d) a Government department, (e) the Welsh Development Agency, (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (fa) a National Park authority; (g) a development corporation of a new town whose area (as designated by an order under section 1 of the New towns Act 1965) is wholly or partly situated in Wales, (h) any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry, and (i) statutory undertakers. 2 In paragraph 1 above “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking, or any undertaking for the supply of or hydraulic power 3 (1) The Secretary of State may by order made by statutory instrument direct that any public authority, body or undertakers not specified in paragraph 1 above shall be treated as a public authority for the purposes of section 103(5) above. (2) A statutory instrument containing an order under sub-paragraph (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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SCHEDULE 20 Land Authority for Wales: Acquisition of Land

Section 104. Part I Modifications of 1981 Act 1 The 1981 Act shall apply in relation to the compulsory acquisition of land under section 104 above with the modifications made by the following provisions of this Part of this Schedule. 2 (1) Where a compulsory purchase order of the Authority authorising the acquisition of any land is submitted to the Secretary of State in accordance with section 2(2) then, if the Secretary of State— (a) is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised therein, but (b) has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land, he may confirm the order so far as it relates to the land mentioned in paragraph (a) above, and give directions postponing the consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified. (2) Where the Secretary of State gives directions under sub-paragraph (1) above, the notices required by section 15 to be published and served shall include a statement of the effect of the directions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Where the compulsory purchase order was made by the Authority— (a) a notice under section 12 (notice specifying the time for making objections) shall be served on the local authorities within whose areas the land is situated, (b) those local authorities shall have a right to object in accordance with the notice, (c) the references in section 13 to objections made by an owner, lessee or occupier shall include references to an objection made by such local authority. For the purposes of this paragraph the references to a local authority within whose area the land is situated shall be deemed to include references to any National Park authority which is the local planning authority for a National Park in which the land is situated. 4A Where the compulsory purchase order was made by the Authority and the land is situated in the district of a joint planning board in Wales— (a) a notice under section 12 shall also be served on the board, (b) the board shall have a right to object in accordance with the notice, (c) the references in section 13 to objections made by an owner, lessee or occupier shall also include references to an objection made by the board. Part II Acquisition of Land by Agreement 5 The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, shall apply in relation to the acquisition of land by agreement under section 104 above; and in the said Part I as so applied “land" shall have the meaning given by Schedule 1 to the Interpretation Act 1978. Part III Supplemental Provisions Extinguishment of rights over land compulsorily acquired 6 (1) Subject to the provisions of this paragraph, upon the completion by the Authority of a compulsory acquisition of land under section 104 above all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and any such apparatus shall vest in the Authority. (2) Sub-paragraph (1) above shall not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking. (3) In respect of any right or apparatus not falling within sub-paragraphs (2) above, sub-paragraph (1) above shall have effect subject— (a) to any direction given by the Authority before the completion of the acquisition that sub-paragraph (1) above shall not apply to any right or apparatus specified in the direction; and (b) to any agreement which may be made (whether before or after the completion of the acquisition) between the Authority and the person in or to whom the right or apparatus in question is vested or belongs. (4) Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the Authority. (5) Any compensation payable under this paragraph shall be determined in accordance with the Land Compensation Act 1961. Power to override easements and other rights 7 (1) The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired by the Authority under section 104 above, whether done by the Authority or by a person deriving title under it, is authorised by virtue of this paragraph if it is done in accordance with planning permission notwithstanding that it involves interference with an interest or right to which this paragraph applies, or involves a breach of a restriction as to the user of land arising by virtue of a contract. (2) Nothing in this paragraph shall authorise interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking. (3) This paragraph applies to the following interests and rights, that is to say, any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support. (4) In respect of any interference or breach in pursuance of sub-paragraph (1) above, compensation shall be payable under section 7 or 10 of the Compulsory Purchase Act 1965, and shall be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase to which the said Act of 1965 applies, or the injury arises from the execution of works on land acquired by such a purchase. (5) Where a person deriving title under the Authority is liable to pay compensation by virtue of sub-paragraph (4) above, and fails to discharge that liability, the liability shall, subject to sub-paragraph (6) below, be enforceable against the Authority. (6) Nothing in sub-paragraph shall be construed as affecting any agreement betweeen the Authority and any other person for indemnifying the Authority against any liability under that sub-paragraph. (7) Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in sub-paragraph (1) above. (8) In this paragraph— (a) a reference to a person deriving title from another person includes a reference to any successor in title of that other person; (b) a reference to deriving title is a reference to deriving title either directly or indirectly. Use and development of consecrated land and burial grounds 8 (1) Any consecrated land, whether or not including a building, which has been acquired by the Authority under section 104 above may, subject to the following provisions of this paragraph, be used by any person in any manner in accordance with planning permission, notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land. (2) Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground. (3) Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land (not being consecrated land) acquired by the Authority under section 104 above, which at the time of acquisition included a church or other building used or formerly used for religious worship or the site thereof, shall be subject to compliance with the requirements of regulations made by the Secretary of State for the purposes of this paragraph with respect to the removal and re-interment of any human remains, and the disposal of monuments and fixtures and furnishings. (4) Any use of consecrated land authorised by sub-paragraph (1) above shall be subject to such provisions as may be prescribed by such regulations for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land. (5) Any regulations made for the purposes of this paragraph— (a) shall contain such provisions as appear to the Secretary of State to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure, or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure; (b) shall contain requirements relating to the disposal of any such land as is mentioned in sub-paragraphs (3) and (4) above such as appear to the Secretary of State requisite for securing that the provisions of those sub-paragraphs shall be complied with in relation to the use of the land; and (c) may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear to the Secretary of State to be expedient for the purposes of the regulations. (6) Any land consisting of a burial ground or part of a burial ground, which has been acquired as mentioned in sub-paragraph (1) above, may be used by any person in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds. (7) Sub-paragraph (6) above shall not have effect in respect of any land which has been used for the burial of the dead until the requirements prescribed by regulations made under this paragraph with respect to the removal and re-interment of human remains, and the disposal of monuments, in or upon the land have been complied with. (8) Provision shall be made by any regulations made for the purposes of this paragraph— (a) for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and re-interment of any human remains or the disposal of any monuments; (b) for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and re-interment of the remains of the deceased, and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, re-interment and disposal, not exceeding such amount as may be prescribed; (c) for requiring compliance with such reasonable conditions (if any) as may be imposed, in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal, and the place and manner of re-interment of any human remains, and the disposal of any monuments, and with any directions given in any case by the Secretary of State with respect to the removal and re-interment of any human remains. (9) Subject to the provisions of regulations made under this paragraph, no faculty shall be required for the removal and re-interment in accordance with the regulations of any human remains, or for the removal or disposal of any monuments, and the provisions of section 25 of the Burial Act 1857 (prohibition of removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in acordance with the regulations. (10) Regulations under this paragraph shall be subject to annulment by a resolution of either House of Parliament. (11) Nothing in this paragraph shall be construed as authorising any act or ommission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such obligation, restriction or enactment as is mentioned in sub-paragraph (1) or (6) above. (12) In this paragraph “burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and “monument” includes a tombstone or other memorial. Use and development of land for open spaces 9 (1) Any land being, or forming part of, a common or open space or fuel or field garden allotment, which has been acquired by the Authority under section 104 above may be used by any person in any manner in accordance with planning permission notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated. (2) Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than contravention of any such enactment as is mentioned in sub-paragraph (1) above. Savings for paragraphs 8 and 9 10 (1) This paragraph applies as respects paragraphs 8 and 9 above. (2) In relation to any authority or body corporate, nothing in the said paragraphs shall be construed as authorising any act or ommission on their part in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the authority or body. (3) Any power conferred by the said paragraphs to use land in a manner therein mentioned shall be construed as a power to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not. Construction of the Compulsory Purchase Acts in relation to this Part of this Act 11 In construing the Compulsory Purchase Act 1965 in relation to section 104 above— (a) references to the execution of works shall be construed as including references to any erection, construction or carrying out of buildings or works authorised by paragraph 7 of this Schedule; (b) in relation to the erection, construction or carrying out of any buildings or works so authorised, references in section 10 of the said Act of 1965 to the acquiring authority shall be construed as references to the persons by whom the buildings or works in question are erected, constructed or carried out. Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers 12 (1) Where any land has been acquired by the Authority under section 104 above and— (a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over that land; or (b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, the Authority, if satisfied that the extinguishment of the right or, as the case may be, in the removal of the apparatus, is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice stating that, at the end of the period of 28 days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of that period, the apparatus shall be removed. (2) The statutory undertakers on whom a notice is served under sub-paragraph (1) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the Authority stating that they object to all or any provisions of the notice and specifying the grounds of their objection. (3) If no counter-notice is served under sub-paragraph (2) above— (a) any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice; and (b) if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the Authority may remove the apparatus and dispose of it in any way it may think fit. (4) If a counter-notice is served under sub-paragraph (2) above on the Authority, the Authority may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph embodying the provisions of the notice with or without modification. (5) Where by virtue of this paragraph any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the Authority. (6) Sections 280 and 282 of the 1990 Act (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (5) above as they apply to compensation under section 279(2) of the 1990 Act Orders under paragraph 12 13 (1) Before making an order under paragraph 12(4) above the Ministers proposing to make the order— (a) shall afford to the statutory undertakers on whom notice was served under paragraph 12(1) above an opportunity of objecting to the application for the order; and (b) if any objection is made, shall consider the objection and afford to those statutory undertakers and to the Authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State and the appropriate Minister for the purpose, and may then, if they think fit, make the order in accordance with the application either with or without modification. (2) Where an order is made under paragraph 12(4) above— (a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and (b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the Authority may remove the apparatus and dispose of it in any way it may think fit. Notice for same purposes as paragraph 12 but given by statutory undertakers to Authority 14 (1) Subject to the provisions of this paragraph, where any land has been acquired by the Authority under section 104 above and— (a) there is on, under or over the land apparatus vested in or belonging to statutory undertakers; and (b) the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development, the undertakers may serve on the Authority a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice. (2) Where, after the land has been acquired as mentioned in sub-paragraph (1) above, development of the land is begun to be carried out, no notice under this paragraph shall be served later than 21 days after the beginning of the development. (3) Where a notice is served under this paragraph, the Authority may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice stating that it objects to all or any of the provisions of the notice and specifying the grounds of its objection. (4) If no counter-notice is served under sub-paragraph (3) above, the statutory undertakers shall, after the end of the said period of 28 days, have the rights claimed in their notice. (5) If a counter-notice is served under sub-paragraph (3) above, the statutory undertakers who served the notice under this paragraph may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them. (6) Where by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the Authority for the works to be carried out by the Authority, under the superintendence of the undertakers, instead of by the undertakers themselves. (7) Where works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the Authority. (8) sections 280 and 282 of the 1990 Act (measure of compensation for statutory undertakers) shall apply to compensation under sub-paragraph (7) above as they apply to compensation under section 279(4) of the 1990 Act Rights of entry 15 (1) Any person, being an officer of the Valuation Office of the Inland Revenue Department or a person duly authorised in writing by the Authority, may at any reasonable time enter any land for the purposes of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, under section 104 above, or in connection with any claim for compensation in respect of any such acquisition. (2) Any person duly authorised in writing by the Authority may at any reasonable time enter upon any land for the purpose of surveying it in order to enable the Authority to determine whether to make an application for planning permission for the carrying out of development of that land. (3) Subject to the provisions of paragraph 16 below, any power conferred by this paragraph to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein. 16 (1) A person authorised under paragraph 15 above to enter any land shall, if so required, produce evidence of his authority before so entering, and shall not demand admission as of right to any land which is occupied unless 24 hours’ notice of the intended entry has been given to the occupier. (2) Any person who wilfully obstructs a person acting in the exercise of his powers under paragraph 15 above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale (3) If any person who, in compliance with the provisions of paragraph 15 above, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises, be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine, or both. . . . (4) Where any land is damaged in the exercise of a right of entry conferred under paragraph 15 above or in the making of any survey for the purpose of which any such right of entry has been so conferred, compensation in respect of that damage may be recovered by any person interested in the land from the Secretary of State or the Authority. (5) Except in so far as may be otherwise provided by regulations made by the Secretary of State under this sub-paragraph, any question of disputed compensation under sub-paragraph (4) above shall be referred to and determined by the Lands Tribunal. In relation to the determination of any question under this sub-paragaph, the provisions of sections 2 and 4 of the Land Compensation Act 1961 shall apply, subject to any necessary modifications and to the provisions of any regulations under this sub-paragraph. (6) Where under paragraph 15 above a person proposes to carry out any works authorised by sub-paragraph (3) of that paragraph— (a) he shall not carry out those works unless notice of his intention to do so was included in the notice required by sub-paragraph (1) of this paragraph, and (b) if the land in question is held by statutory undertakers and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the appropriate Minister. Displacement of Rent Acts 17 If the Secretary of State certifies that possession of a house which has been acquired by the Authority under section 104 above, and is for the time being held by the Authority for the purposes for which it was acquired, is immediately required for those purposes, nothing in the Rent Act 1977 shall prevent the Authority from obtaining possession of the house.

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SCHEDULE 21 Land Authority for Wales: Further Provisions

Section 106. Borrowing powers 1 (1) The Authority may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions— (a) in sterling from the Secretary of State, or (b) with the consent of the Secretary of State, or in accordance with any general authority given by the Secretary of State, in sterling from a person other than the Secretary of State. (2) The Authority may borrow otherwise than by way of temporary loan such sums in sterling as the Authority may require from the Secretary of State. (3) The aggregate amount outstanding by way of the principal of any money borrowed by the Authority under this paragraph shall not exceed £20 million. (4) The Authority shall not borrow money otherwise than under this paragraph. (5) The Secretary of State may lend to the Authority any sums which the Authority has power to borrow from him, and any such loan shall be repaid to the Secretary of State at such times and by such methods, and interest on the loan shall be paid to him at such rates and at such times, as he may from time to time determine. (6) The Treasury may issue out of the National Loans Fund to the Secretary of State such sums as are necessary to enable him to make loans in pursuance of this paragraph, and any sums received by the Secretary of State in pursuance of sub-paragraph (5) above shall be paid into that Fund. (7) References in this paragraph to the Secretary of State are references to him acting with the approval of the Treasury. Guarantees 2 (1) The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of the payment of interest on and the discharge of any other financial obligation in connection with any sums which the Authority borrows from a person other than the Secretary of State. (2) Immediately after a guarantee is given under this paragraph the Treasury shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling the guarantee so given the Treasury shall, as soon as practicable after the end of each financial year (beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged), lay before each House of Parliament a statement relating to that sum. (3) Any sums required by the Treasury for fulfilling a guarantee under this paragraph shall be charged on and issued out of the Consolidated Fund. (4) If any sums are issued in fulfilment of a guarantee given under this paragraph, the Authority shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rates as the Treasury so direct, on what is outstanding for the time being in respect of sums so issued. (5) Any sums received by the Treasury in pursuance of sub-paragraph (4) above shall be paid into the Consolidated Fund. Accounts and audit 3 (1) The Authority shall— (a) keep proper accounts and proper records in relation to the accounts, and (b) prepare in respect of each accounting year a statement of accounts, in such form as the Secretary of State may with the approval of the Treasury require, showing the state of affairs and the profit or loss of the Authority, and (c) on or before 30th November in any year transmit to the Comptroller and Auditor General the statement of accounts of the Authority for the accounting year last ended. (2) The Comptroller and Auditor General shall examine and certify the statement of accounts transmitted to him under sub-paragraph (1) above, and lay copies of it together with his report thereon before each House of Parliament. (3) The Secretary of State shall for each financial year prepare, in such form and manner as the Treasury may approve, account of— (a) sums issued to the Secretary of State in pursuance of paragraph 1 above (or section 10 of the 1975 Act), and the disposal by the Secretary of State of those sums; (b) sums required to be paid into the National Loans Fund in pursuance of paragraph 1 above (or section 10 of the 1975 Act); and shall send a copy of the account to the Comptroller and Auditor General not later than the end of November next following that year; and the Comptroller and Auditor General shall examine, certify and report on the account and shall lay copies of it and of his report on it before Parliament. Accounts and records about land 4 (1) The Authority shall— (a) keep such accounts and records, and (b) prepare and submit to the Secretary of State such statements of account, relating to the acquisition, holding and disposal of land as the Secretary of State may with the approval of the Treasury direct. (2) Directions under sub-paragraph (1) above may in particular relate to— (a) the items which are or are not to be included in the accounts, and the kinds of transactions which are to be recorded, and (b) the form and manner in which the statements of accounts are to be prepared and the times at which they are to be submitted to the Secretary of State. (3) Money to be credited to an account kept under this paragraph shall not be applied by the Authority for any purpose without the consent of the Secretary of State. (4) Where any item debited to an account kept under this paragraph has been defrayed by borrowing, the Authority shall not be required, notwithstanding anything in any enactment, to make any annual provision for the repayment of the capital. (5) The Authority shall supply the Secretary of State— (a) with such information as the Secretary of State may specify to enable him to ascertain the state of any account or record kept, or to verify any statement of account submitted to him, under this paragraph, and (b) with such certificates supporting the information as the Secretary of State may specify. (6) The Secretary of State may publish in such manner as appears to him appropriate— (a) statements of account submitted to him under this paragraph, and (b) any information obtained by him under sub-paragraph (5) above. Surplus accounts 5 (1) The Secretary of State may, with the approval of the Treasury and after consulting the Authority, direct that any statement of account which— (a) is submitted to him under paragraph 4 above for any financial year, and (b) is of a kind specified in the direction, shall be a surplus account. (2) So much of any surplus in a surplus account as the Secretary of State with the approval of the Treasury directs shall be paid by the Authority to the Secretary of State. (3) The remainder of the surplus (if any) shall be applied by the Authority for any purpose for which capital money may be properly applied. (4) The Secretary of State shall for each financial year prepare, in such form and manner as the Treasury may approve, an account of the sums received by him under this paragraph. (5) The Secretary of State shall, on or before 30th November in any year, transmit to the Comptroller and Auditor General the said account for the financial year last ended. (6) The Comptroller and Auditor General shall examine and certify the account submitted to him, and lay copies of it together with his report before each House of Parliament. Reports 6 (1) The Authority shall as soon as practicable after the end of each accounting year make to the Secretary of State a report on the exercise of its functions during that year. (2) The report for any accounting year— (a) shall set out any direction given to the Authority under this Part of this Act, unless the Secretary of State has notified to the Authority his opinion that it should be omitted in the interests of national security, and (b) shall include such information relating to the plans, past and present activities, of the Authority and the financial position of the Authority as the Secretary of State may from time to time direct. (3) There shall be attached to the report for each accounting year a copy of the statements of accounts in respect of that year. (4) The Secretary of State shall lay before Parliament copies of each report made to him under sub-paragraph (1) above. Register of land holdings 7 (1) The Secretary of State may by regulations provide for the keeping of a register by the Authority recording its acquisitions, holdings and disposals of land. (2) Regulations under this paragraph may prescribe— (a) the kinds of land and the kinds of transactions to be registered, (b) the form of the registers, and the particulars to be contained in them, (c) the circumstances in which, and conditions subject to which, the registers are to be open to public inspection. Information 8 (1) Where, with a view to performing a function conferred on the Authority by this Part of this Act, the Authority considers that it ought to have information connected with any land, the Authority may serve on one or more of the following persons, namely— (a) the occupier of the land; and (b) any person who has an interest in the land either as freeholder, mortgagee or lessee or who directly or indirectly receives rent for the land; and (c) any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it, a notice specifying the land and the function and the provision which confers the function and requiring the recipient of the notice to furnish to the Authority, within a period specified in the notice (which shall not be less than 14 days beginning with the day on which the notice is served), the nature of his interest in the land and the name and address of each person whom the recipient of the notice believes to be the occupier of the land and of each person whom he believes to be, as respects the land, such a person as is mentioned in paragraphs (b) and (c) above. (2) A person who— (a) fails (without reasonable excuse) to comply with the requirements of a notice served on him in pursuance of sub-paragraph (1) above; or (b) in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale 9 (1) Every local authority and joint planning boardin Wales and every National Park authority for a National Park in Wales shall supply the Authority— (a) with such information as the Secretary of State may by regulations prescribe for the purposes of this paragraph (being information the Authority may need for the purpose of performing its functions), and (b) with such certificates supporting the information as the Secretary of State may in the regulations specify. (2) If a local planning authorityin Wales receives an application for planning permission made after the passing of this Act, the local planning authority shall as soon as practicable after receipt send a copy of the application to the Authority. (3) In Wales on any grant after the passing of this Act of planning permission, the local planning authority (or as the case may be the Secretary of State) shall as soon as practicable send a copy of the notification of the planning permission to the Authority. (4) Sub-paragraphs (2) and (3) above shall not apply if and so far as the Authority directs. Service of documents 10 Sections 231 and 233 of the Local Government Act 1972 (service of documents on local authorities, and by local authorities) shall apply as if the Authority were a local authority. Regulations and orders 11 (1) The Secretary of State may make regulations for prescribing the form of— (a) any document required or authorised by or under this Part of this Act to be given to or served on the Authority, and (b) any document authorised by or under this Part of this Act to be given, served, made or issued by the Authority. (2) Any power— (a) to make orders under any provision of this Part of this Act other than paragraph 12(4) and 14(5) of Schedule 20, and (b) to make regulations under any provision of this Part of this Act, shall be exercisable by statutory instrument. (3) Any regulation or order under this Part of this Act— (a) may make different provision for different areas or other different cases; (b) may include transitional and other supplemental and incidental provisions. Directions and consents 12 Any direction or consent given by the Secretary of State under this Part of this Act may be— (a) either general or limited to any particular case or class of case; (b) in any of the instances mentioned in sub-paragraph (a) above, unconditional or subject to conditions, and any such direction or consent may be varied or revoked by him. Local inquiries 13 Section 250 of the Local Government Act 1972 shall extend to any public local inquiry held under the 1981 Act, by virtue of this Part of this Act, as if the Authority were a local authority. Exclusion of special parliamentary procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Crown land 15 (1) Notwithstanding the Crown or Duchy interest a private interest in Crown land may, with the consent in writing of the appropriate authority, be acquired compulsorily under section 104 above. (2) In this paragraph “Crown land” means land in which there is a Crown interest or a Duchy interest, and— (a) “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, (b) “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, (c) “private interest” means an interest which is not a Crown interest or a Duchy interest, and “appropriate authority” in relation to Crown land shall be determined in accordance with section 293(2) of the 1990 Act Offences by corporations 16 (1) Where an offence under this Part of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary, or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and liable to be proceeded against accordingly. (2) Where the affairs of a body corporate are managed by its members, this section shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of a body corporate.

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SCHEDULE 22 Supplementary Provisions (Wales)

Section 110. Loans 1 Any sum borrowed under section 10 of the 1975 Act, and outstanding immediately before the passing of this Act, shall be treated as borrowed under paragraph 1 of Schedule 21 above. Guarantees 2 Any guarantee given under section 11 of the 1975 Act and having effect immediately before the passing of this Act shall have effect as if given under paragraph 2 of Schedule 21 above, and sums issued under section 11 shall be treated accordingly. Accounts etc. 3 (1) Entries contained immediately before the passing of this Act in an account or record kept by the Authority under section 12 of the 1975 Act shall on the passing of this Act cease to be so contained but, as soon as practicable after accounts and records are opened under paragraph 3 of Schedule 21 above, corresponding entries shall be made in those accounts and records. (2) Entries immediately before the passing of this Act in an account or record kept by the Authority under section 43 of the 1975 Act shall on the passing of this Act cease to be so contained but, as soon as practicable after accounts and records are opened under paragraph 4 of Schedule 21 above, corresponding entries shall be made in those accounts and records. (3) Paragraphs 3, 4 and 5 of Schedule 21 above shall then have effect accordingly. Land 4 Where before the passing of this Act a binding contract has been made by the Authority to dispose of or acquire land, section 14 or (as the case may be) 15 of the 1975 Act shall continue to apply as they applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed. 5 (1) A compulsory purchase order made by the Authority before the passing of this Act shall (subject to sub-paragraph (2) below) be disregarded on the passing of this Act. (2) Where a compulsory purchase order has been made by the Authority and submitted to the confirming authority for confirmation before the passing of this Act, section 15 of the 1975 Act shall continue to apply as it applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed. Staff 6 (1) A person who was a member, officer or servant of the Authority immediately before the passing of this Act shall continue to be a member, officer or servant as if appointed under this Part of this Act. (2) Nothing in this Act shall put a person in a worse position as regards his appointment. (3) The Secretary of State may, with the consent of the Treasury, make regulations requiring the Authority to pay (in such cases and to such extent as may be determined by or under the regulations) compensation to or in respect of any such person who, after the passing of this Act and as a result of the changes in the Authority’s functions arising from this Part of this Act, ceases to be a member, officer or servant of the Authority or suffers a loss or diminution of emoluments or pension rights. Rights and liabilities 7 Rights and liabilities vested in the Authority immediately before the passing of this Act shall remain vested in the Authority and (subject to paragraphs 8 and 9 below) be treated as if they had been acquired or incurred under this Part of this Act. 8 Where a right was acquired by the Authority before the passing of this Act, and could not have been acquired under this Part of this Act, it may be enforced by the Authority as if this Act had not been passed. 9 Where a liability was incurred by the Authority before the passing of this Act, and could not have been incurred under this Part of this Act, it may be enforced against the Authority as if this Act had not been passed. Property 10 Property vested in the Authority immediately before the passing of this Act, and property later acquired by the Authority by virtue of any of the preceding provisions of this Schedule, shall be treated as if it were acquired by the Authority for the purposes of this Part of this Act. General duties 11 (1) Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal of section 17 of and Schedule 6 to the 1975 Act. (2) In exercising its functions after the passing of this Act the Authority shall have regard to section 103 above and need not have regard to the matters specified in section 17 of and Schedule 6 to the 1975 Act. (3) In disposing, or agreeing to dispose, of an interest in land after the passing of this Act, the Authority need not have regard to an application (whenever made) under paragraph 2 of Schedule 6 to the 1975 Act. Planning permission for relevant development 12 (1) Sub-paragraphs (2) and (3) below shall have effect in consequence of the repeal by this Act of sections 19 and 20 of and Schedule 7 to the 1975 Act. (2) Paragraph 13(2) to (7) of Schedule 17 above shall apply (with the appropriate modifications) as if the Authority were an authority to which those sub-paragraphs apply. (3) If, before the passing of this Act, there was a duty to send to the Authority a copy of an application or notification under Part III of Schedule 7 to the 1975 Act, there shall continue to be such a duty after the passing of this Act notwithstanding the repeal of that Part. Amended Acts 13 In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (which specifies the bodies in England and Wales to which that Act applies) paragraph (bb) shall continue to have effect as it had effect immediately before the passing of this Act and accordingly to read thus:— (bb) the Land Authority for Wales; . 14 (1) Section 25(1)(aa) of the Local Government Act 1974 (authorities subject to investigation); shall continue to have effect as it had effect immediately before the passing of this Act, except that the words from “and" to the end shall be omitted. (2) Accordingly, section 25(1)(aa) shall read:— (aa) the Land Authority for Wales. . (3) Section 30(2A) of the Local Government Act 1974 shall continue to have effect as it had effect immediately before the passing of this Act and accordingly to read thus:— (2A) Where the complaint related to the Land Authority for Wales, the Local Commissioner shall also send the report or statement to the Secretary of State. . 15 The entry relating to the Authority in Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) shall continue to have effect as it had effect immediately before the passing of this Act, and accordingly there shall continue to be inserted in that Part at the appropriate place in alphabetical order:— “The Land Authority for Wales". General 16 The Secretary of State may by order made by statutory instrument make such further provisions containing savings and transitionals about the Land Authority for Wales as he sees fit (including, if he sees fit, provisions supplementing the preceding provisions of this Schedule).

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SCHEDULE 23 Land : Miscellaneous Amendments

Section 118. Part I Amendments of Acquisition of Land (Authorisation Procedure) Act 1946 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Amendments of National Parks and Access to the Countryside Act 1949 2 (1) Subsection (4) of section 77 of the National Parks and Access to the Countryside Act 1949 (under which the power to acquire land for public access to the open country in a National Park is in certain circumstances exercisable by the Minister of Agriculture, Fisheries and Food) shall cease to have effect. (2) Accordingly, in subsections (5) of that section, for the words from the beginning to “be" there shall be substituted the words “ The Secretary of State ”. Part III Amendments of Town and Country Planning Act 1959 3 The following subsection shall be substituted for section 23(2) of the Town and Country Planning Act 1959:— (2) Before exercising any power of appropriation in relation to land which consists or forms part of open space, not being land which consists or forms part of a common or of a fuel or field garden allotment, an authority to whom this Part of this Act applies— (a) shall publish a notice of their intention to do so for at least two consecutive weeks in a newspaper circulating in their area; and (b) shall consider any objections to the proposed appropriation which may be made to them. . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The following subsection shall be substituted for subsection (2) of section 26 of that Act (disposal):— (2) Before disposing of any land which consists or forms part of an open space, not being land which consists or form a part of a common or of a fuel or field garden allotment, an authority to which this Part of this Act applies— (a) shall publish notice of their intention to do so for at least two consecutive weeks in a newspaper circultaing in their area; and (b) shall consider any objections to the proposed disposal which may be made to them. . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8—11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part V Amendments of Local Government Act 1972 12 (1) In section 122 of the Local Government Act 1972 (appropriation of land by principal councils) the words in subsection (2) following paragraph (b) shall cease to have effect. (2) The following subsections shall be inserted after that subsection:— (2A) A principal council may not appropriate under subsection (1) above any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them. (2B) Where land appropriated by virtue of subsection (2A) above is held— (a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or (b) in accordance with section 10 of the Open Space Act 1906 (duty of local authority to maintain open spaces and burial grounds), the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10. . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 The following subsections shall be inserted after subsection (2) of section 123 of that Act (disposal of land by principal councils):— (2A) A principal council may not dispose under subsection (1) above any land consisting or forming part of an open space unless before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them. (2B) Where by virtue of subsection (2A) above a council dispose of land which is held— (a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or (b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds), the land shall by virtue of the disposal be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10. . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 123A of that Act (consent for disposals of land by principal councils) shall cease to have effect. 17 (1) In section 126 of that Act (appropriation of land by parish and community councils and by parish meetings) the words in subsection (4) following paragraph (b) shall cease to have effect. (2) The following subsections shall be inserted after that subsection:— (4A) Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land consisting or forming part of an open space unless before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objetions to the proposed appropriation which may be made to them. (4B) Where land is appropriated by virtue of subsection (4A) above is held— (a) for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or (b) in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds), the land shall by virtue of the appropriation be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10. . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 The following subsection shall be substituted for section 127(3) of that Act (which applies certain provisions of section 123 to disposals of land held by parishes and communities):— (3) Subsections (2A) and (2B) of section 123 above shall apply in relation to the disposal of land under this section as they apply inr elation to the disposal of land under that section, with the substitution of a reference to a parish or community council or the parish trustees of a parish for the reference to a principal council in the said subsection (2A). . 20 The following definition shall be inserted in section 270(1) of that Act after the definition of “1963 Act" :— “open space” has the meaning assigned to it by section 290(1) of the Town and Country Planning Act 1971 ; . Part VI Amendment of Local Government (Scotland) Act 1973 21 Section 74A of the Local Government (Scotland) Act 1973 (no local authority in Scotland to dispose of certain interests in land without Secretary of State’s consent) shall cease to have effect.

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