New Towns Act 1981

SCHEDULE 3 Constitution and Proceedings of Development Corporations

Section 3. Appointment of members and tenure of office 1 (1) The members of a development corporation (in this Schedule referred to as “the corporation”) shall be appointed by the Secretary of State after consultation with such local authorities as appear to him to be concerned with the development of the new town, and in appointing members of the corporation he shall have regard to the desirability of securing the services of one or more persons resident in or having special knowledge of the locality in which the new town will be situated. (2) The Secretary of State shall appoint two of the members to be respectively chairman and deputy chairman of the corporation. 2 Subject to the following provisions of this Schedule, a member of the corporation, and the chairman and deputy chairman of the corporation, shall hold and vacate office as such in accordance with the terms of the instrument by which they are respectively appointed. 3 If the chairman or deputy chairman of the corporation ceases to be a member of the corporation, he shall also cease to be chairman or deputy chairman, as the case may be. 4 Any member of the corporation 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 as such. 5 If the Secretary of State is satisfied that a member of the corporation— (a) has become bankrupt or made an arrangement with his creditors or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him, or (b) is incapacitated by physical or mental illness, or (c) has been absent from meetings of the corporation for a period longer than 3 consecutive months without the permission of the corporation, or (d) is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member, the Secretary of State may remove him from his office as a member of the corporation. 6 A member of the corporation who ceases to be a member or ceases to be chairman or deputy chairman shall be eligible for reappointment. Remuneration 7 The corporation shall pay to their members, in respect of their office as such, such remuneration and such reasonable allowances in respect of expenses properly incurred in the performance of their duties as may be determined by the Secretary of State with the consent of the Minister for the Civil Service, and shall pay to the chairman and deputy chairman, in respect of their office as such, such additional remuneration as may be so determined. Pension benefits for chairmen 8 In the case of any such person, who is or has been the chairman of the corporation, as the Secretary of State may with the consent of the Mininster for the Civil Service determine, the Secretary of State may direct the corporation— (a) to pay to or in respect of that person on his retirement or death such pension, allowance or gratuity as may be so determined; or (b) to make payments towards the provision of such a pension, allowance or gratuity. Meetings and proceedings 9 The quorum of the corporation and the arrangements relating to their meetings shall, subject to any directions given by the Secretary of State, be such as the corporation may determine. 10 The validity of any proceeding of the corporation shall not be affected by any vacancy among their members or by any defect in the appointment of any of their members. Delegation of planning functions 10A (1) This paragraph applies in relation to any function conferred on the corporation by virtue of an order under section 7A (planning functions of corporations in England). (2) The corporation may appoint committees and such committees may appoint sub-committees. (3) Anything which is authorised or required to be done by the corporation— (a) may be done by any member of the corporation or of its staff who is authorised for the purpose either generally or specifically; (b) may be done by a committee or sub-committee which is so authorised. (4) The corporation may— (a) determine the quorum of a committee or sub-committee; (b) make such arrangements as it thinks appropriate relating to the meetings and procedure of a committee or sub-committee. (5) Anything done for the purposes of sub-paragraph (4) is subject to directions given by the Secretary of State. (6) The validity of anything done by a committee or sub-committee is not affected by— (a) any vacancy among its members; (b) any defect in the appointment of any of its members. 10B (1) This paragraph has effect in relation to the membership of committees and sub-committees appointed under paragraph 10A. (2) A committee may consist of— (a) such members of the corporation as it appoints; (b) such other persons as the corporation (with the consent of the Secretary of State) appoints. (3) A sub-committee of a committee may consist of— (a) such members of the committee as it appoints; (b) such persons who are members of another committee of the corporation (whether or not they are members of the corporation) as the committee appoints; (c) such other persons as the corporation (with the consent of the Secretary of State) appoints. (4) The membership of a committee or sub-committee— (a) must always include at least one person who is a member of the corporation; (b) must not include any person who is a member of the staff of the corporation. Instruments, etc. 11 The fixing of the seal of the corporation shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the corporation to act for that purpose. 12 Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the corporation by any person generally or specially authorised by them to act for that purpose. 13 Any document purporting to be a document duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.