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In force since 2026-10-05, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) In this Part of this Act— “subsidiary”, in relation to a body to whom this Part of this Act applies, means a wholly-owned subsidiary of that body; and “wholly-owned subsidiary” as defined by section 1159 of the Companies Act 2006. (2) This Part of this Act extends to England and Wales only.
Propose a change(1) The Community Land Act 1975 shall cease to have effect in accordance with Schedule 17 below. (2) This section and Schedule 17 below shall not extend to Northern Ireland (except so far as they repeal any enactment so extending).
Propose a change(1) Part I of the Act of 1973 and Part I of the Scottish Act of 1973 shall be amended as follows. (2) In section 3(2) of each Act (no claim under Part I shall be made otherwise than in the claim period, that is to say, the period of two years beginning on the expiration of twelve months from the relevant date) for the words from “otherwise than" onwards there shall be substituted the words “ before the expiration of twelve months from the relevant date; and the day next following the expiration of the said twelve months is in this Part of this Act referred to as “the first claim day". ”. (3) In section 1(1)(b) of each Act for the words “within the time limited" there shall be substituted the words “ after the time provided ”. (4) In sections 3(3), 4(1) and (2), 12(4) and (5), 16(2) and 18(1) of the Act of 1973 and sections 3(3), 4(1) and 14(2) and 16 of the Scottish Act of 1973 for the words “the beginning of the claim period" or “the first day of the claim period" wherever they occur, there shall be substituted the words “ the first claim day ” and in section 16(2) of the Act of 1973 and section 14(2) of the Scottish Act of 1973 for the words “the beginning of that period" there shall be substituted the words “ that day ”. (5) In section 19(1) of the Act of 1973 and section 17(1) of the Scottish Act of 1973 the definition of “the claim period" shall be omitted and immediately before the definition of “highway" there shall be inserted he following definition— “the first claim day” has the meaning given in section 3(2) above; . (6) After section 19(2) of the Act of 1973 there shall be inserted the following subsection— (2A) For the purposes of the Limitation Act 1939, a person’s right of action to recover compensation under this Part of this Act shall be deemed to have accrued on the first claim day. . (7) After section 17(2) of the Scottish Act of 1973 there shall be inserted the following subsection— (2A) Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make compensation under this Part of this Act, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the first claim day. . (8) In section 19(3) of the Act of 1973 and section 17(3) of the Scottish Act of 1973 the words from “but, if it does" onwards shall be omitted. (9) Part I of each Act shall have effect without amendments made by the preceding provisions of this section in cases where the relevant date was more than three years before the passing of this Act.
Propose a change(1) This section applies to any claim which is made under Part I of the Land Compensation Act on or after the commencement date where— (a) the claim period for the claim has expired, or an event before which the claim should have been made has occurred, before that date; and (b) the public works to which the claim relates are a highway in respect of which the Minister or, in England, the Secretary of State was the appropriate highway authority; and (c) the Minister is satisfied that the publicity given to the right to claim compensation in respect of those works and to the period within which and the events before which claims should be made was not such as to make potential claimants sufficiently aware of those matters. (2) Where the claim period for a claim to which this section applies has expired before the commencement date, the Minister shall direct that Part I of the Land Compensation Act shall have effect— (a) as if the claim had been made on the first day of the last twelve months of that period; and (b) where the claimant’s qualifying interest was acquired as mentioned in section 11 of the Land Compensation Act (interests acquired by inheritance) on or after that day, as if it had been so acquired before that day. (3) Where the person who makes a claim to which this section applies has on or after 23rd June 1973 and before the commencement date— (a) disposed of the qualifying interest in respect of which the claim is made; or (b) in the case of a qualifying interest in land which is not a dwelling, granted a tenancy of the land so that the interest remaining to him is not a qualifying interest; or (c) in the case of a qualifying interest which is a qualifying tenancy within the meaning of section 12 of the Act of 1973, disposed of the freehold or extended lease acquired by him under Part I of the Leasehold Reform Act 1967, the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on the day before the disposal or, as the case may be, the granting of the tenancy. (4) Where the person who makes a claim to which this section applies has on or after 17th October 1972 and before 23rd June 1973— (a) disposed of the qualifying interest in respect of which the claim is made; or (b) in the case of a qualifying interest in land which is not a dwelling, granted a tenancy of the land so that the interest remaining to him is not a qualifying interest, the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on 23rd December 1973. (5) Where the qualifying interest in respect of which a claim to which this section applies is made is a tenancy granted or extended for a term of years certain or, in Scotland, for a period of which— (a) three years or more remained unexpired on the first day of the claim period or, as the case may be, the first claim day; and (b) less than three years remains unexpired on the commencement date, the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on the day on which three years of that term or period remained unexpired. (6) In the case of a claim to which both subsection (2) and subsection (3) or subsection (5) above apply, the Minister shall direct that Part I of the Land Compensation Act shall have effect as if the claim had been made on whichever of the days mentioned in those two subsections is the earlier. (7) Any notice of a claim to which subsection (3), (4) or (5) above applies shall specify, in addition to the matters mentioned in section 3 of the Land Compensation Act, the date of the disposal, the date of the granting of the tenancy or, as the case may be, the date on which three years of the term or period remained unexpired. (8) Section 8(1) of the Land Compensation Act (compensation payable once only in respect of the same works and the same land) shall have effect in relation to any claim to which this section applies as if any ex gratia payment made by the Minister or, as the case may be, the Secretary of State in respect of a claim which— (a) was made before the commencement date in relation to the same works and the same land; and (b) was disallowed on the ground that the claim period for the claim had expired, or an event before which the claim should have been made had occurred, before the day on which the claim was made, had been a payment of compensation on that claim. (9) Where compensation is payable on a claim to which this section applies, the compensation shall not carry interest under section 18(1) of the Act of 1973 or, as the case may be, section 16 of the Scottish Act of 1973 for the period beginning with the commencement date and ending with the date on which the claim is made unless either that period is a period of not more than six months or— (a) the claimant had made a similar claim before the commencement date; and (b) that claim was disallowed on the ground that the claim period for the claim had expired, or an event before which the claim should have been made had occurred, before the day on which the claim was made. (10) For the purposes of the Limitation Act 1939, a person’s right of action to recover compensation under Part I of the Act of 1973 on a claim to which this section applies shall be deemed to have accrued on the commencement date, and not, in any case to which section 19(2A) of the Act of 1973 applies, the first claim day. (11) Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make compensation under Part I of the Scottish Act of 1973 arising on a claim to which this section applies, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the commencement date, and not, in any case to which section 17(2A) of the said Scottish Act of 1973 applies, the first claim day. (12) In this section— “commencement date” means the date of the passing of this Act; “the Minister” means the Minister of Transport in relation to England and the Secretary of State in relation toScotland and Wales. (13) This section— (a) in its application to England and Wales, shall be construed as one with Part I of the Act of 1973; and (b) in its application to Scotland, shall be construed as one with Part I of the Scottish Act of 1973.
Propose a change(1) Section 32 of the Act of 1973 and section 29 of the Scottish Act of 1973 (home loss payments) shall be amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In subsection (4) of each section for the words from the beginning to “expiration of that period" there shall be substituted the words “ Where a person (“the deceased") entitled to a home loss payment dies without haviing claimed it, a claim to the payment may be made ”. (4) After subsection (7) of the said section 32 there shall be inserted the following subsection— (7A) For the purposes of the Limitation Act 1939 a person’s right of action to recover a home loss payment shall be deemed to have accrued on the date of the displacement. . (5) After subsection (7) of the said section 29 there shall be inserted the following subsection— (7A) Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make a home loss payment, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the date of the displacement. . (6) Each section shall have effect without the amendments made by the preceding provisions of this section in cases where the date of displacement was more than six months before the passing of this Act.
Propose a changeIn this Part of this Act— “the Act of 1973” means the Land Compensation Act 1973; “the Scottish Act of 1973” means the Land Compensation (Scotland) Act 1973; “the Land Compensation Act” means the Act of 1973 in relation to England and Wales and the Scottish Act of 1973 in relation to Scotland.
Propose a change(1) If the Secretary of State directs an authority to do so, it shall make an assessment of land which is in its area and which is in its opinion available and suitable for development for residential purposes. (2) In connection with any assessment under subsection (1) above, the authority shall comply with such directions as the Secretary of State may give. (3) In particular, he may give directions about any consultations to be made prior to the assessment (whether with other authorities or with builders or developers or other persons), about the way any consultation is to be made, and about producing reports of assessments and making copies of the reports available to the public, and directions that an authority is to make the assessment alone or jointly with another authority or authorities. (4) The following are authorities for the purposes of this section, namely— (a) (in the application of the section to England . . .) the councils of counties, districts and London boroughs (aa) (in the application of the section to Wales) the councils of counties and county boroughs; (b) (in the application of the section to Scotland) regional, general and district planning authorities.
Propose a changeSchedule 23 to this Act (which contains miscellaneous amendments about land, including amendments to relax controls) shall have effect.
Propose a change(1) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to any compulsory acquisition of an interest in land where— (a) the notice of the making or preparation in draft of a compulsory purchase order is first duly published on or after 6th April 1976 (or, in the application of this section to Scotland, 1st September 1976), and (b) the person acquiring the interest is a regional, islands or district council, the Peak Park Joint or Lake District Special Planning Board, any statutory undertakers , the Scottish Ministers or a Minister, subject to the modifications made by this section. (2) Paragraph 9 of Schedule 1 to the Act of 1946 or, as the case may be the Scottish Act of 1947 (special parliamentary procedure for acquisitions from local authorities, statutory undertakers and National Trust) shall not apply to the acquisition except where the interest belongs to the National Trust or the National Trust for Scotland. (3) In this section— “the Acquisition of Land Acts” means the Acquisition of Land (Authorisation Procedure) Act 1946 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and “the Act of 1946” and “the Scottish Act of 1947” mean those Acts respectively; “local authority” means— in relation to England, the council of a county or district, the council of a London borough, the Common Council of the City of London and the Greater London Council, in relation to Wales, the council of a county or district, in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and this section applies to the Isles of Scilly, as if the Council of those Isles were the council of a county; “statutory undertakers” means— persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of ..., ... hydraulic power or water, ... , the Civil Aviation Authority, ... , a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in connection with the provision of a universal postal service (within the meaning of that Part) and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for the purposes of the Town and Country Planning Act 1971 or the Town and Country Planning (Scotland) Act 1997, and any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph. (4) An order under paragraph (c) of the definition of “statutory undertakers” in subsection (3) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) This section (which re-enacts section 41 of the Community Land Act 1975 with modifications) shall be taken to have come into force on 12 November 1975 but (in relation to the period before the passing of this Act) shall have effect as if the persons mentioned in subsection (1)(b) above included 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) and a joint board established under section 2 of the Community Land Act 1975, and as if “local authority” meant (in relation to Scotland) a regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973.
Propose a change(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) ... section 25 of the Land Compensation (Scotland) Act 1963) (certification of appropriate alternative development) shall ... continue to be amended in accordance with subsections (2) to (5) of section 47 of the Community Land Act 1975 and, as amended by those subsections, section 49(3) of the said Act of 1963 and section 172(2) of the Local Government (Scotland) Act 1973, shall have effect as set out in Schedule 24 below.
Propose a change(1) Where, in exercise of the power conferred by section 2 of the Commissioners of Works Act 1852, . . . (acquisition of land necessary for the public service) the Secretary of State has acquired, or proposes to acquire, any land (the “public service land") and in his opinion other land ought to be acquired together with the public service land— (a) in the interests of the proper planning of the area concerned; or (b) for the purpose of ensuring that the public service land can be used, or developed and used, (together with that other land) in what appears to the Secretary of State to be the best, or most economic, way; or (c) where the public service land or any land acquired, or which the Secretary of State proposes to acquire, by virtue of paragraph (a) or (b) above, forms part of a common or open space or fuel or field garden allotment, for the purpose of being given in exchange therefor, the said section 2, . . ., shall apply to that other land as if its acquisition were necessary for the public service. In the application of this subsection to Scotland the words “or fuel or field garden allotment” shall be omitted. (2) The said section 2, . . . shall be construed and have effect as if references to land necessary for the public service included land which it is proposed to use not only for the public service but also— (a) to meet the interests of proper planning of the area, or (b) to secure the best, or most economic, development or use of the land. for other purposes. (3) The said section 2, . . . shall be construed and have effect as if references to the public service included the service in the United Kingdom— (a) of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become, a member; (b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty); (c) of a foreign sovereign Power or the Government of such a power; and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement. (4) Where the Secretary of State proposes to dispose of any of his land and is of the opinion that it is necessary, in order to facilitate that disposal, to acquire adjoining land, then, notwithstanding that the acquisition of that adjoining land is not necessary for the public service, the said section 2 shall apply as if it were necessary for the public service. (5) Where the Secretary of State is authorised by the said section 2 to acquire land by agreement for a particular purpose, he may acquire that land notwithstanding that it is not immediately required for that purpose; and any land acquired by virtue of this subesection may, until required for the purpose for which it was acquired, be used for such purpose as the Secretary of State may determine. (6) The Secretary of State may dispose of land held by him and acquired by him or any other Minister under the said section 2, . . .to such person, in such manner and subject to such conditions as may appear to the Secretary of State to be expedient, and in particular may under this subsection dispose of land held by him for any purpose in order to secure the use of the land for that purpose. (7) Any expenditure of the Secretary of State attributable to this section shall be paid out of money provided by Parliament. (8) This section (which re-enacts section 37 of the Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period before the passing of this Act, shall have effect as if for sub-section (3) there were substituted:— (3) The said section2, . . . shall be construed and have effect as if references to the public service included the service in the United Kingdom— (a) of any international organisation or institution of which the United Kingdom, or Her Majesty’s Government in the United Kingdom, is, or is to become, a member; (b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party; and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.
Propose a change(1) The provisions of the law of Northern Ireland mentioned below (acquisition of land necessary for the public service) shall be construed and have effect as if references to the public service included the service in the United Kingdom— (a) of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become a member; (b) of any office or agency established by such an organisation or institution for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty); (c) of a foreign sovereign Power or the Government of such a Power; and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement. (2) The said provisions are section 5(1) of the Stormont Regulation and Government Property Act (Northern Ireland) 1933 and Article 65 of the Land Acquisition and Compensation (Northern Ireland) Order 1973. (3) This section (which re-enacts section 38 of the Community Land Act 1975 with modifications) shall be taken to have come into force on 12 December 1975 but, in relation to the period before the passing of this Act, shall have effect as if for subsection (1) there were substituted:— (1) The provisions of the law of Northern Ireland mentioned below (acquisition of land necessary for the public service) shall be construed and have effect as if references to the public service included the service in the United Kingdom— (a) of any international organisation or institution of which the United Kingdom, or Her Majesty’s Government in the United Kingdom, is, or is to become, a member; (b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty to which the United Kingdom is, or is to become, a party; and for the purposes of paragraph (b) above “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement. (4) This section extends to Northern Ireland only.
Propose a change(1) Subject to subsections (2) and (3) below, the functions under the Town Development Act 1952 which the Local Government Act 1972 conferred on county councils shall cease to be exercisable by such councils. (2) Nothing in this section shall affect— (a) any undertaking under section 4 or 10(3) of the Town Development Act 1952; or (b) any agreement under section 8 of that Act, which a county council have given or made before the passing of this Act. (3) The repeal of section 11 of the Town Development Act 1952 (modification of enactments consequential on participation by county council) shall not affect any orders under that section which are in force at the passing of this Act; and any such order may accordingly be varied or revoked under that section as if this Act had not been passed.
Propose a changeIn this Part of this Act, only sections 116, 118, and 120 to 122 extend to Scotland.
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Propose a change(1) In this Part of this Act— ... ... “the 1968 Act” means the New Towns (Scotland) Act 1968. (2) The amendments to the 1968 Act, the Land Compensation Act 1961 and the Land Compensation (Scotland) Act 1963 mentioned in Schedule 25 below shall have effect. (3) (4) This Part of this Act does not extend to Scotland (apart from this section) or to Northern Ireland.
Propose a change(1) . . . if the Secretary of State is of opinion that it is expedient in the national interest to do so, he may by order made by statutory instrument designate any area of land as an urban development area. (1A) Before making an order under subsection (1) in relation to land in England, the Secretary of State must consult the following persons— (a) persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the proposed urban development area; (b) persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the proposed urban development area; (c) each local authority for an area which falls wholly or partly within the proposed urban development area; and (d) any other person whom the Secretary of State considers it appropriate to consult. (1C) An area of land designated as an urban development area in England must include, but need not wholly consist of, an area in an existing town or centre of population. (2) . . . . . . . . . . . . . . . (3) Separate parcels of land may be designated as one urban development area. (3A) The Secretary of State may by order alter the boundaries of any urban development area so as to exclude any area of land. (3B) Before making an order under subsection (3A) above, the Secretary of State shall consult any local authority the whole or any part of whose area is included in the area of land to be excluded by the order. (4) A statutory instrument containing an order made by the Secretary of State under subsection (1) does not have effect until approved by a resolution of each House of Parliament. (4A) If a draft of an instrument containing an order by the Secretary of State under subsection (1) would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument. (4B) An order made by the Welsh Ministers under subsection (1) (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) does not have effect until approved by a resolution of the National Assembly for Wales. (4C) An order made by the Scottish Ministers under subsection (1) (by virtue of section 53 of the Scotland Act 1998) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). (5) The power to make an order under subsection (3A) above— (a) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and (b) shall include power to make such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks fit.
Propose a change(1) For the purposes of regenerating an urban development area, the Secretary of State shall by order made by statutory instrument establish a corporation (an urban development corporation) for the area. (1A) Before making an order under this section in relation to an urban development area in England, the Secretary of State must consult the following persons— (a) persons who appear to the Secretary of State to represent those living within, or in the vicinity of, the urban development area; (b) persons who appear to the Secretary of State to represent businesses with any premises within, or in the vicinity of, the urban development area; (c) each local authority for an area which falls wholly or partly within the urban development area; and (d) any other person whom the Secretary of State considers it appropriate to consult. (2) An order under this section may be made at the same time as an order under section 134(1) above. (3) A statutory instrument containing an order made by the Secretary of State under this section does not have effect until approved by a resolution of each House of Parliament. (3A) If a draft of an instrument containing an order by the Secretary of State under this section would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument. (3B) An order made by the Welsh Ministers under this section (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) does not have effect until approved by a resolution of the National Assembly for Wales. (3C) An order made by the Scottish Ministers under this section (by virtue of section 53 of the Scotland Act 1998) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). (4) An urban development corporation shall be a body corporate by such name as may be prescribed by the order establishing it. (5) Schedule 26 below shall have effect with respect to urban development corporations. (6) It is hereby declared that an urban development corporation is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that the corporation’s property is not to be regarded as the property of, or property held on behalf of, the Crown.
Propose a change(1) The Secretary of State may by regulations make provision about how an oversight authority is to oversee the regeneration of a locally-led urban development area. (2) Regulations under subsection (1) may, for example— (a) provide that an oversight authority is to exercise specified functions under this Part of this Act, other than a power to make regulations or other instruments of a legislative character, which would otherwise be exercisable by the Secretary of State, the Treasury or any other Minister of the Crown; (b) provide that an oversight authority is to exercise such functions subject to specified conditions or limitations; (c) provide that specified functions under this Part of this Act may be exercised only with the consent of an oversight authority; (d) make provision about the membership of a locally-led urban development corporation; (e) modify provisions of this Part of this Act; (f) make different provision for different purposes; (g) make incidental, supplementary or consequential provision. (3) In this section “specified” means specified by regulations under this section. (4) Regulations under this section are to be made by statutory instrument. (5) A statutory instrument containing regulations under this section may not be made until approved by a resolution of each House of Parliament.
Propose a change(1) The object of an urban development corporation shall be to secure the regeneration of its area. (1A) In pursuing that object, an urban development corporation that is established for the purposes of regenerating or developing an urban development area in England must aim to contribute to— (a) the achievement of sustainable development, and (b) the mitigation of, and adaptation to, climate change. (1B) For the purposes of subsection (1A) an urban development corporation must (in particular) have regard to the desirability of good design. (2) The object is to be achieved in particular by the following means (or by such of them as seem to the corporation to be appropriate in the case of its area), namely, by bringing land and buildings into effective use, encouraging the development of existing and new industry and commerce, creating an attractive environment and ensuring that housing and social facilities are available to encourage people to live and work in the area. (2A) Subject to sections 137 and 138, for the purpose of achieving the object an urban development corporation established for the purposes of an urban development area in England may— (a) acquire, hold, manage, reclaim and dispose of land and other property; (b) carry out building and other operations; (c) carry on any business or undertaking for the purposes of the object; and (d) generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes. (See also section 136A (powers in relation to infrastructure).) (2B) But nothing in this Part authorises an urban development corporation established for the purposes of an urban development area in England to carry on any business or undertaking for— (a) the supply of water, electricity or gas, or (b) the provision of sewerage services or heat networks. (3) Subject to sections 137 and 138 below, for the purpose of achieving the object an urban development corporation established for the purposes of an urban development area in Wales may— (a) acquire, hold, manage, reclaim and dispose of land and other property; (b) carry out building and other operations; (c) seek to ensure the provision of water, electricity, gas, sewerage and other services; (d) carry on any business or undertaking for the purposes of the object; and (e) generally do anything necessary or expedient for the purposes of the object or for purposes incidental to those purposes. (4) No provision of this Part of this Act by virtue of which any power is exercisable by an urban development corporation shall be construed as limiting the effect of subsection (2A) or (3) above. (5) Without prejudice to the generality of the powers conferred on urban development corporations by this Act, such a corporation, for the purpose of achieving the object,— (a) may, with the consent of the Secretary of State, contribute such sums as he with the Treasury’s concurrence may determine towards expenditure incurred or to be incurred by any local authority or statutory undertakers in the performance of any statutory functions of the authority or undertakers, including expenditure so incurred in the acquisition of land; and (b) may, with the like consent, contribute such sums as the Secretary of State with the like concurrence may determine by way of assistance towards the provision of amenities. (6) To avoid doubt it is declared that subsection (3) above relates only to the capacity of an urban development corporation as a statutory corporation; and nothing in this section authorises such a corporation to disregard any enactment or rule of law. (7) A transaction between a person and an urban development corporation shall not be invalidated by reason of any failure by the corporation to observe the object in subsection (1) above or the requirement in subsection (2A) or (3) above that the corporation shall exercise the powers conferred by that subsection for the purpose of achieving that object.
Propose a change(1) An urban development corporation established for the purposes of an urban development area in England may, for the purpose of achieving the object in section 136(1), provide or facilitate the provision of infrastructure. (2) In this section “provide” includes provide by way of acquisition, construction, conversion, improvement or repair (and “provision” is to be read in the same way). (3) In this section “infrastructure” means— (a) water, electricity, gas, telecommunications, sewerage or other services, including heat networks, (b) roads or other transport facilities, (c) retail or other business facilities, (d) health, educational, employment or training facilities, (e) social, religious or recreational facilities, (f) cremation or burial facilities, and (g) community facilities not falling within paragraphs (a) to (f). (4) Section 136(7) applies in relation to subsection (1) as it applies in relation to section 136(3).
Propose a change(1) An order under section 135 above may provide that any functions which may be exercisable by an urban development corporation by virtue of this Part of this Act and which are specified in the order are not to be exercised by the corporation established by the order, either as regards the whole of its area or as regards a portion of that area; and this Part of this Act shall apply to the corporation accordingly. (2) An order under section 135 above may amend any provision of a previous order under that section which was included in that order by virtue of subsection (1) above. (3) Nothing in subsection (2) above shall prejudice the operation of section 14 of the Interpretation Act 1978 (power to amend orders etc.).
Propose a change(1) Without prejudice to any provision of this Act requiring the consent of the Secretary of State to be obtained for anything to be done by an urban development corporation, he may give directions to such a corporation for restricting the exercise by it of any of its powers under this Act or for requiring it to exercise those powers in any manner specified in the directions. (2) Before giving a direction under subsection (1) above, the Secretary of State shall consult the corporation, unless he is satisfied that because of urgency consultation is impracticable. (3) A transaction between a person and an urban development corporation acting in purported exercise of its powers under this Act shall not be void by reason only that it was carried out in contravention of a direction given under subsection (1) above, and such a person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with.
Propose a change(1) If it appears to the Secretary of State, in the case of an urban development area, that there are exceptional circumstances which render it expedient that the functions of an urban development corporation under this Part of this Act should be performed by the urban development corporation established for the purposes of any other area instead of by a separate corporation established for the purpose, he may, instead of establishing such a separate corporation, by order direct that those functions shall be performed by the urban development corporation established for the other area. (2) If it appears to the Secretary of State that there are exceptional circumstances which render it expedient that the functions of an urban development corporation established for one area should be transferred to the urban development corporation established for the purposes of another area, or to a new urban development corporation to be established for the first-mentioned area, he may, by order, provide for the dissolution of the first-mentioned corporation and for the transfer of its functions, property, rights and liabilities to the urban development corporation established for the purposes of the other area or (as the case may be) to a new corporation established for the purposes of the first-mentioned area by the order. (3) Without prejudice to section 14 of the Interpretation Act 1978, an order under this section providing for the exercise of functions in relation to an area by the urban development corporation established for the purposes of another area, or for the transfer of such functions to such a corporation, may modify the name and constitution of that corporation in such manner as appears to the Secretary of State to be expedient, and for the purposes of this Act that corporation shall be treated as having been established for the purposes of each of those areas. (4) Before making an order under this section providing for the transfer of functions from or to an urban development corporation or for the exercise of any functions by such a corporation, the Secretary of State shall consult that corporation. (5) An order under this section shall make, with regard to a corporation on which functions are conferred by the order, the same provision as that which may be made with regard to a corporation under section 137 above. (6) An order under this section shall be made by statutory instrument. (7) No order under this section shall have effect until approved by a resolution of each House of Parliament.
Propose a change(1) An urban development corporation shall prepare a code of practice as to consultation with the relevant local authorities about the exercise of its powers. (2) In this section “the relevant local authorities” means local authorities the whole or any part of whose area is included in the urban development area. (3) Preparation of the code shall be completed not later than the expiration of the period of 12 months from the date of the establishment of the corporation. (4) A corporation may from time to time revise the whole or any part of its code. (5) A corporation shall prepare and revise its code in consultation with the relevant local authorities.
Propose a change(1) A relevant transport authority must— (a) have regard to any plans published or shared with the authority by an English urban development corporation that may be relevant to the exercise of the authority’s functions, and (b) co-operate with an English urban development corporation in the development and implementation of the corporation’s plans. (2) If the Secretary of State considers that a relevant transport authority has failed to comply with the duty in subsection (1), the Secretary of State may direct the authority to exercise its functions in such a way as to comply with that duty. (3) If a relevant transport authority fails to comply with a direction under subsection (2), the Secretary of State may by regulations provide for any function of the transport authority that has an effect on the urban development area for which the urban development corporation was established to be exercisable by the development corporation. (4) Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation either generally or subject to such conditions or limitations as may be specified in the regulations. (5) Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation— (a) instead of by the relevant transport authority, (b) concurrently with the relevant transport authority, or (c) jointly with the relevant transport authority. (6) Regulations under subsection (3)— (a) are to be made by statutory instrument; (b) may make different provision for different purposes; (c) may include consequential, supplementary, incidental, transitional or saving provision. (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (8) The Secretary of State may, in connection with regulations under subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 140B (transfer schemes: general provisions)). (9) In this section— “English urban development corporation” means an urban development corporation established for the purposes of an urban development area in England; “relevant transport authority” means any of the following for an area in England— a local transport authority within the meaning of Part 2 of the Transport Act 2000 (see section 108(4) of that Act), a local highway authority within the meaning of the Highways Act 1980 (see section 329 of that Act), or a local traffic authority within the meaning of the Road Traffic Regulation Act 1984 (see section 121A(5) of that Act).
Propose a change