New Towns Act 1981

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35 Establishment of Commission.

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36 Functions of Welsh Ministers

(1) The Welsh Ministers may— (a) take over and, with a view to its eventual disposal, hold, manage and turn to account— (i) the property of the Commission for the New Towns transferred to them under a scheme made under section 51(1) of the Housing and Regeneration Act 2008; (ii) the property of development corporations transferred to them under this Act; and (iii) the property of urban development corporations transferred to them by order under section 165A of the Local Government, Planning and Land Act 1980; and (b) as soon as they consider it expedient to do so, dispose of property so transferred or any other property arising out of such property. (1A) In exercising their functions under subsection (1), the Welsh Ministers must have regard to the considerations specified in subsection (2). (2) Those considerations, in relation to any new town or urban development area, are— (a) the convenience and welfare of persons residing, working or carrying on business there, and (b) until disposal, the maintenance and enhancement of the value of the land held and the return obtained from it. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A transaction between a person and the Welsh Ministers shall not be invalidated by reason of any non-compliance by the Welsh Ministers with the obligation to have regard to the considerations specified in subsection (2) above ... (4A) In this section “urban development area” means land which is or was, or is or was part of, an urban development area (within the meaning of Part XVI of the Local Government, Planning and Land Act 1980) and— (a) any reference to property transferred to the Welsh Ministers by order under section 165A of that Act includes a reference to rights and liabilities so transferred; and (b) in relation to liabilities so transferred, any reference to disposal includes a reference to extinguishment. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37 Restrictions on functions of Commission.

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38 Local authorities and work for Commission.

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39 Power of development corporation to transfer undertakings.

(1) Subject to the provisions of this section, a development corporation may, by an agreement made with any local authority or any statutory undertakers and approved by the appropriate national authority with the concurrence of the Treasury— (a) transfer to that local authority any part of the undertaking of the corporation, or (b) transfer to those statutory undertakers any part of the undertaking of the corporation which consists of a statutory undertaking, upon such terms as may be prescribed by the agreement. The foregoing provision is without prejudice to the powers of development corporations under this Act to dispose of any of their property, including any trade or business carried on by them. (2) Before approving an agreement under this section the appropriate national authority shall consult with the council of every county and of every district in which the whole or any part of the area of the new town is situated, except, in the case of an agreement made with such a council, the council with whom it is made. (2A) Subsection (2) above shall have effect in the case of a development corporation established by the Welsh Ministers as if for “and of every district” there were substituted or county borough. (3) Before approving an agreement under this section for the transfer of a statutory undertaking, the appropriate national authority shall publish in the London Gazette, and in one or more newspapers circulating in the area in which the new town is situated, a notice stating that the agreement has been submitted for approval, and describing the general effect of the agreement. (4) In a case in which the appropriate national authority is the appropriate national authority, if within 28 days from the publication of the notice in the London Gazette in accordance with subsection (3) above any objection to the agreement is made by any statutory undertakers— (a) who are carrying on, or are authorised to carry on, a statutory undertaking of a character similar to the statutory undertaking proposed to be transferred by the agreement, and (b) who do so within the area in which the new town is situated or any adjacent area, subsection (1) above shall apply in relation to the agreement as if for the reference to the Secretary of State there were substituted a reference to the Secretary of State and the appropriate Minister. (5) If the appropriate national authority is satisfied that it is expedient, having regard to any agreement made or proposed to be made under this section, that the liability of the development corporation in respect of advances made to them under the following provisions of this Act should be reduced, the authority may, with the Treasury’s consent, by order, reduce that liability to such extent as may be specified in the order. (5A) No order shall be made under subsection (5) above— (a) by the Secretary of State unless a draft of the order has been laid before, and approved by a resolution of, the House of Commons; (b) by the Welsh Ministers unless a draft of the order has been laid before, and approved by a resolution of, the National Assembly for Wales. (6) The payment of any sums payable by a local authority for the purposes of an agreement under this section shall be a purpose for which that authority may borrow money. (7) This section shall have effect as if references to statutory undertakers included references to the operator of an electronic communications code network and as if for this purpose— (a) references to a statutory undertaking were references to the provision of such a network; and (b) references to the appropriate Minister were references to the Secretary of State for Trade and Industry.

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41 Transfer of property ... and dissolution of corporation.

(1) Where, after consultation with the council of every county and of every district in which the whole or any part of the area of a new town is situated, the appropriate national authority is satisfied that the purposes for which the development corporation is established under this Act have been substantially achieved, the authority shall by order direct— (a) that on such date as may be specified in the order the property of the corporation (other than property excepted under the following provisions of this Act) shall vest in the relevant transferee, and the corporation shall cease to act except for the purpose of taking such steps (if any) as may be authorised or required by the order to dispose of any property so excepted, to prepare its final accounts and report, or otherwise to wind up its affairs; and (b) that on that date or such later date as may be fixed by or under the order, the corporation shall be dissolved. (1A) Subsection (1) above shall have effect in the case of a development corporation established by the Welsh Ministers as if for “and of every district” there were substituted “or county borough”. (2) With respect to the transfer to the relevant transferee by an order under this section of the property of a development corporation and with respect to matters arising out of the transfer or out of the dissolution of the corporation— (a) Schedule 10 to this Act has effect; and (b) the appropriate national authority may by order under this section make such further incidental or supplementary provisions as appear to the authority to be necessary or expedient in relation to any such matter. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Where by virtue of an order under section 6 above a development corporation discharges functions in relation to more than one new town, the appropriate national authority may make an order under subsection (1) above in relation— (a) to that corporation, and (b) to any of those towns without the other or others, as if the corporation were not concerned with the other or others, but without providing for the dissolution of the corporation. (5) In the case of any such order, Schedule 10 shall apply subject to such modifications as may be provided by the order for the purpose in particular of determining what part of the corporation’s property, rights, liabilities and obligations is to be transferred to the relevant transferee.

41A Part 2: interpretation

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

58 Advances and grants to development corporations ....

(1) For the purpose of enabling a development corporation— (a) to meet expenditure properly chargeable to capital account (including the provision of working capital), or (b) to make good to revenue account sums applied in meeting liabilities so chargeable, the Secretary of State may (subject to section 60 below) make to the corporation advances repayable over such periods , carrying interest at such rates and on such other terms as may be approved by the Treasury. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) It shall be a condition of the making of advances to a development corporation under subsection (1) above that the proposals for development submitted to the Secretary of State under section 7 above shall be approved by the Secretary of State with the Treasury’s concurrence as being likely to secure for the corporation a return which is reasonable, having regard to all the circumstances, when compared with the cost of carrying out those proposals. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58A Grants to development corporations ....

(1) For the purpose of enabling a development corporation— (a) to meet expenditure properly chargeable to capital account and incurred or to be incurred in providing, or in making contributions towards the cost to others of providing, any of the facilities specified in subsection (2) below, or (b) to make good to revenue account sums applied in meeting liabilities so chargeable and arising out of the provision of any of those facilities, the Secretary of State may, out of money provided by Parliament, make grants to the corporation of such amount as may be approved by the Treasury. (2) The facilities referred to in subsection (1) above are the following— (a) roads, paths, bridges and car parks; (b) public open spaces, recreation grounds, playgrounds and landscaping; (c) meeting halls and assembly rooms; (d) any other facilities similar to those specified in paragraph ( a ), ( b ) or ( c ) above. (3) For the purpose of enabling a development corporation to meet expenditure properly chargeable to revenue account the Secretary of State may, out of money provided by Parliament, make grants to the corporation of such amount as may be approved by the Treasury. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59 Other borrowing powers of development corporations ....

(1) A development corporation ... may borrow temporarily, by way of overdraft or otherwise, either— (a) in sterling from the Secretary of State, or (b) with the Secretary of State’s consent and the Treasury’s approval, or in accordance with any general authority given by the Secretary of State with the Treasury’s approval, in any currency from any other person. such sums as the development corporation may require for meeting its obligations or performing its functions. (2) With the consent of the Secretary of State and the Treasury’s approval, a development corporation ... may borrow, otherwise than by way of temporary loan— (a) in any currency from the Commission of the European Union or from the European Investment Bank, or (b) in any currency other than sterling from any person, other than the Secretary of State and the bodies mentioned in the preceding paragraph, such sums as it may require for enabling it to meet expenditure properly chargeable to capital account (including the provision of working capital), or to make good to revenue account sums applied in meeting liabilities so chargeable.

60 Limit on borrowing by development corporations ...

(1) The aggregate of the amounts outstanding in respect of the principal of the following sums (save as excepted by subsection (1A))— (a) the sums advanced to development corporations before the commencement of this Act under section 12(1) of the New Towns Act 1946 in its application to England and Wales or under section 42(1) of the New Towns Act 1965, and, after the commencement of this Act, under section 58(1) above, (which corresponds to those subsections), (b) the sums advanced to development corporations before the commencement of the New Towns (Scotland) Act 1968 under that section 12(1) in its application to Scotland (to which section 37(1) of that Act of 1968 corresponds) and, after the commencement of that Act of 1968, under that section 37(1); and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the sums borrowed by development corporations before the commencement of this Act under section 42A of that Act of 1965 and, after the commencement of this Act, under section 59 above (which corresponds to that section), or under section 37A of that Act of 1968, shall not at any time exceed the limit imposed by or under subsection (2) and (3) below. (1A) No sum which— (a) is advanced to, or borrowed by, a development corporation established for the purposes of a new town in England, and (b) is advanced or borrowed on or after the date on which section 179 of the Levelling-up and Regeneration Act 2023 comes into force, is to count for the purposes of subsection (1)(a) or (d). (2) The said limit, except during the period specified in subsection (4) below, is £4,600 million or such greater sum not exceeding £5,250 million as the Secretary of State may by order specify. (3) No order shall be made under subsection (2) above unless a draft of the order has been laid before, and approved by resolution of, the House of Commons. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61 Provisions supplemental to s. 58.

(1) The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as are necessary to enable him to make advances to a development corporation under section 58(1) above . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Any sums received by the Secretary of State by way of repayment of or interest on advances under section 58(1)... shall be paid into the National Loans Fund. (3) The Secretary of State shall lay before each House of Parliament a statement of any sums payable to him by way of repayment of or interest on any such advances and not duly received by him.

62 Treasury guarantees.

(1) The Treasury may guarantee in such manner and on such conditions as they may think fit the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any sums which a development corporation borrows under this Act from a person other than the Secretary of State. (2) Immediately after a guarantee is given under this section, the Treasury shall lay a statement of the guarantee before each House of Parliament. (3) Where any sum is issued for fulfilling a guarantee so given, the Treasury shall, as soon as possible after the end of each financial year— (a) beginning with that in which the sum is issued, and (b) ending with that in which all liability in respect of the principal of the sum, and in respect of interest on it, is finally discharged, lay before each House of Parliament a statement relating to that sum. (4) Any sums required by the Treasury for fulfilling a guarantee under this section shall be charged on and issued out of the Consolidated Fund. (5) If any sums are issued in fulfilment of a guarantee given under this section in respect of money borrowed by a development corporation, the corporation shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct— (a) payments, of such amounts as the Treasury may so direct, in or towards repayment of the sums so issued; and (b) payments of interest on what is outstanding for the time being in respect of amounts so issued at such rate as the Treasury may so direct. (6) Any sums received under subsection (5) above by the Treasury shall be paid into the Consolidated Fund.

62A Power to extinguish loan obligations of development corporations.

(1) The Secretary of State may, with the Treasury’s consent, by order extinguish to such extent as may be specified in the order any liabilities of a development corporation in respect of advances made by him to the corporation under section 58(1) or the corresponding provisions of the 1946 Act or the 1965 Act. (2) The aggregate amount of liabilities extinguished by order under this section shall not exceed £1,750 million. (3) Where liabilities are extinguished under this section the assets of the National Loans Fund shall be reduced by amounts corresponding to the liabilities so extinguished. (4) No order shall be made under this section after 30th September 1986. (5) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, the House of Commons. (6) In this section— (a) “the 1946 Act” means the New Towns Act 1946 and the provision of it corresponding to section 58(1) is section 12(1); and (b) “the 1965 Act” means the New Towns Act 1965 and the provision of it corresponding to section 58(1) is section 42(1).

62B Power to suspend loan obligations of development corporations and Commission.

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63 Secretary of State’s general power.

(1) The Secretary of State may direct a development corporation ... to pay to him, on the date specified in the direction, such sum as is so specified, and any sum so received by him shall, subject to section 66(2) below, be paid into the Consolidated Fund. (2) Before giving a direction under this section the Secretary of State shall consult the corporation .... (3) The debt shall carry interest at the rate for the time being in force under section 32 of the Land Compensation Act 1961 ... from the date specified in the direction until payment. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64 Disposal of land to comply with direction under s. 63.

(1) Where, in order to comply with a direction under section 63 above, the corporation . . . considers it desirable to dispose of any land, it may do so by virtue of this section. (2) The power of disposal by virtue of this section may be exercised notwithstanding section 17(1) above and any implied restriction in Part I of this Act on the circumstances in which property of a development corporation may be disposed of, but otherwise must be exercised in accordance with the said Part I except that, before giving the corporation directions under section 5(2), the Secretary of State shall consult the corporation (unless he is satisfied that, on account of urgency, such consultation is impracticable. (3)–(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65 Disposal of surplus funds.

(1) This section applies where it appears to the Secretary of State, after consultation with the Treasury and any development corporation, that the corporation has a surplus whether on capital or on revenue account after making allowance by way of transfer to reserve or otherwise for its future requirements. (2) That corporation shall, if the Secretary of State after such consultation so directs, pay to the Secretary of State such sum not exceeding the amount of that surplus as may be specified in the direction, and any sum so received by him shall be paid into the Consolidated Fund, subject to section 66(2) below.

66 Payments under ss. 63 and 65 treated as repayments.

(1) The whole or part of any payment made to the Secretary of State under section 63 or section 65 above shall, if the Secretary of State with the Treasury’s approval so determines, be treated— (a) as made by way of repayment of such part of the principal of advances under section 58(1) above, and (b) as made in respect of the repayments due at such times, as may be so determined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Any sum treated under subsection (1) as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund.

67 Accounts of ... development corporations.

(1) ... every development corporation— (a) shall keep proper accounts and other records in relation to those accounts, and (b) shall ... prepare in respect of each financial year annual accounts in such form as the Secretary of State may with the Treasury’s approval direct, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The financial year ... of every development corporation shall begin with 1st April but, if the Secretary of State, with the approval of the Treasury, so directs in a case where a development corporation ... is to be dissolved, the final financial year of the corporation ... shall be such period as is specified in the direction, and references in this Act to a financial year in relation to a development corporation ... shall be construed accordingly. (3) Without prejudice to the generality of subsection (1) above, the Secretary of State may, with the Treasury’s approval, give directions to ... a development corporation as to— (a) the kind or number of accounts which it is to keep. (b) the amounts which are or are not to be credited or debited to any account, (c) the manner of rectifying any account, (d) provision for working balances, and any such direction may be a general direction or a direction for a particular case.

68 Audit.

(1) The accounts ... of every development corporation shall be audited by an auditor to be appointed annually by the Secretary of State in relation to the ... corporation. (2) A person shall not be so appointed auditor unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) As soon as the annual accounts of a development corporation for any financial year have been audited, the corporation shall send to the Secretary of State a copy of the accounts prepared by it for that year in accordance with this section, together with a copy of any report made by the auditor on those accounts.

69 Secretary of State’s accounts.

(1) The Secretary of State shall prepare in respect of each financial year, in such form and manner and at such times as the Treasury may direct— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) an account of the sums issued to him and advanced to a development corporation under this Act and of sums received by him from the development corporation and paid into the National Loans Fund in respect of the principal of and interest on sums so advanced. ... (2) On or before 30th November in each year, the Secretary of State shall transmit to the Comptroller and Auditor General— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the account prepared by him under subsection (1)(b) in respect of the last foregoing financial year, and the Comptroller and Auditor General shall examine and certify every account so prepared by the Secretary of State and lay before each House of Parliament copies of each such account together with his report on it.

70 Reports.

As soon as possible after the end of each financial year— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) every development corporation shall make to the Secretary of State a report dealing generally with the operations of the corporation during that year, and shall include in the report a copy of their audited accounts for that year, and the Secretary of State shall lay a copy of every such report ... of a development corporation before each House of Parliament.

71 Information.

(1) Without prejudice to the requirements imposed by section 70 above, every development corporation shall provide the Secretary of State with such information relating to its undertaking as the Secretary of State may from time to time require. (2) For that purpose ... every development corporation— (a) shall permit any person authorised by the Secretary of State in that behalf to inspect and copy the accounts, books, documents or papers of the corporation, and (b) shall afford such explanation of those accounts, books, documents or papers as that person or the Secretary of State may reasonably require.

72 Application and exclusion of certain enactments.

(1) Any property— (a) vested in any person by virtue of an order under section 40 or section 41 above transferring that property from a development corporation ..., or (b) of a new town corporation vested in a district council by a transfer scheme under Part III of this Act, shall not be treated as so vested by way of sale for the purpose of section 12 of the Finance Act 1895 (stamp duty on certain statutory transfers by way of sale). (2) For the purposes of section 9 of the Acquisition of Land Act 1981 (which relates to the acquisition of inalienable land) this Act shall be deemed to have been passed before the commencement of that Act.

73 Rights of entry.

(1) Where an authority, being either a development corporation or a local highway authority or the Secretary of State, are— (a) authorised to acquire any land compulsorily under this Act, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any person, being an officer of the Valuation Office or a person authorised in writing by such authority, may at any reasonable time enter upon the land for the purpose of surveying it or estimating its value. (2) Any person, being an officer of the Valuation Office or a person authorised in writing by the Secretary of State, may at any reasonable time enter upon any land for the purpose of surveying it or estimating its value in connection with any proposals relating to the land submitted or to be submitted under section 7(1) above. (3) A person authorised under the foregoing provisions of this section to enter upon any land shall, if so required, produce evidence of his authority before entering, and shall not demand admission as of right to any land which is occupied unless 24 hours’ notice of the intended entry has been given to the occupier. (4) Any person who obstructs a person acting in the exercise of his powers under this section shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

74 Local inquiries.

(1) The Secretary of State or any other Minister may, for the purposes of the exercise of any of his functions under this Act, and subject to the following provisions of this section, cause to be held— (a) such local inquiries as are directed by this Act, and (b) such other local inquiries as he may think fit. (2) The following subsections of section 250 of the Local Government Act 1972 apply to inquiries held in pursuance of this Act as they apply to inquiries held under that section— (a) subsections (2), (3) and (5) of that section (which relate to the giving of evidence at, and the costs of parties to, local inquiries), and (b) except as regards an inquiry held for the purposes of the exercise of the Secretary of State’s functions under any of the provisions of this Act specified in subsection (3) below, subsection (4) of that section (which relates to recovery of the costs of holding local inquiries). (3) The provisions of this Act referred to in subsection (2) above are— sections 40 and 41 and Schedule 10 (4) This section is without prejudice to any other enactment authorising the holding of local inquiries.

75 Service of notices.

(1) Subject to the provisions of this section, any notice or other document required or authorised to be served or given under this Act may be served or given either— (a) by delivering it to the person on whom it is to be served or to whom it is to be given; or (b) by leaving it at the usual or last known place of abode of that person, or, in a case where an address for service has been given by that person, at that address; or (c) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode, or, in a case where an address for service has been given by that person, at that address; or (d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office. (2) Where the notice or document is required or authorisd to be served on or given to any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if— (a) being addressed to him by the description of “the owner”, or “the occupier”, as the case may be, of the premises (describing them), it is delivered, left or sent in the manner specified in subsection (1)(a), (b) or (c) above; or (b) being addressed to him either by name or in accordance with paragraph (a) above, and marked in such manner as may be prescribed for securing that it shall be plainly indentifiable as a communication of importance— (i) it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it; or (ii) it is delivered to some person on those premises; or (iii) it is affixed conspicuously to some object on those premises. (3) Subsection (4) below applies where— (a) the notice or other document is required to be served on or given to all persons having interests in, or being occupiers of, premises comprised in any land; and (b) it appears to the authority required to serve or give the notice or other document that any part of that land is unoccupied. (4) In such a case the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than an owner who in accordance with the relevant provisions of this Act has given to that authority an address for the service of the notice on him) if— (a) being addressed to “the owners and any occupiers” of that part of the land (describing it), and (b) marked as mentioned in subsection (2) above, it is affixed conspicuously to some object on the land.

76 Ecclesiastical property.

(1) Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant, it shall be treated for the purposes of a compulsory acquisition of the property under this Act as being vested in the Diocesan Board of Finance for the diocese in which the land is situated, and any notice to treat shall be served, or deemed to have been served, accordingly. (2) Where under this Act any notice, other than a notice to treat, is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.

77 Regulations and orders.

(1) The Secretary of State may make regulations for the purpose of prescribing anything which is authorised or required to be prescribed under this Act. (2) Regulations under this Act shall be made by statutory instrument, which , subject to subsection (2A), shall be subject to annulment in pursuance of a resolution of either House of Parliament. (2A) A statutory instrument containing regulations under section 1A(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (3) The power to make orders under sections 1, 2, 39 40 to 42 and 6060, 62A and 62B above ... is exercisable by statutory instrument, . . . (3ZA) The power of the Secretary of State to make orders under section 3 is also exercisable by statutory instrument. (3A) Any provision of this Act conferring a power to make orders (whether exercisable by statutory instrument or otherwise), except section 40, implies a power exercisable in the same manner and subject to the same conditions or limitations, to revoke or amend any instrument made under the power. (3B) A statutory instrument containing an order made by the Secretary of State under section 1, 2 or 3 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (3C) If a draft of an instrument containing an order of the Secretary of State under section 1, 2 or 3 would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument. (3E) A statutory instrument, other than one to which subsection (3B) applies, containing an order under section 7A is subject to annulment in pursuance of a resolution of either House of Parliament. (4) A statutory instrument that is made by the Welsh Ministers (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) under any of the following provisions of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales— (a) an order under section 1 where— (i) the order is one designating an area as the site of a proposed new town, or one designating an additional area of not less than 500 acres which would extend the area of a new town by not less than 10 per cent., and (ii) an objection to the order was duly made by ... the local planning authority and had not been withdrawn at the time the order was made; or (b) an order under section 2 42 or 62B(1). (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78 Meaning etc. of “appropriate Minister”.

(1) In this Act “the appropriate Minister” means— (a) in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour or pier undertaking, the Secretary of State for Transport; (b) in relation to statutory undertakers carrying on an undertaking for the supply of . . . hydraulic power, the [Secretary of State for Trade and Industry]; (c) in relation to . . . the Civil Aviation Authority or statutory undertakers carrying on any lighthouse undertaking, the Secretary of State for Trade; (d) in relation to a universal postal service provider . . . , the Secretary of State for Industry; (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) in relation to any other statutory undertakers, the Secretary of State for the Environment. (2) References in this Act to the Secretary of State and the appropriate Minister have effect— (a) as references to the Secretary of State and the appropriate Minister, if the appropriate Minister is not the one concerned as the Secretary of State; and (b) as references to the one concerned as the Secretary of State alone, if he is also the appropriate Minister. (3) If any question arises— (a) in relation to anything required or authorised to be done under this Act as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury; (b) in relation to the authorisation under this Act of a compulsory acquisition of land, whether land of statutory undertakers is operational land, that question shall be determined by the Secretary of State and the appropriate Minister.

79 Meaning of “statutory undertakers” and “operational land”.

(1) In this Act, except in so far as the context otherwise requires, “statutory undertakers” means— (a) persons authorised by any enactment to carry on— (i) any railway, light railway, tramway, road transport, water transport, canal or inland navigation undertaking, or (ii) any dock, harbour, pier or lighthouse undertaking, or (iii) any undertaking for the supply of . . ., . . . or hydraulic power, or (b) the Civil Aviation Authority . . . , or (ba) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services),or (c) a universal postal service provider in connection with the provision of a universal postal service . . . , and “statutory undertaking” shall be construed accordingly. (1A) For the purposes of this Act— (a) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence; (b) the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder. (1B) The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly. (2) In this Act, subject to subsection (3) below, and except in so far as the context otherwise requires, “operational land”, in relation to statutory undertakers, means— (a) land which is used for the purpose of the carrying on of their undertaking, and (b) land in which an interest is held for that purpose, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings. (3) In this Act “operational land”— (a) in relation to a universal postal service provider, has the meaning given by paragraph 93(4) of Schedule 4 to the Post Office Act 1969; (b) in relation to the Civil Aviation Authority, has the meaning given by paragraph 5 of Schedule 2 to the Civil Aviation Act 1982; (ba) in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means any land which is used by the licence holder (or by a company associated with it) for the purpose of carrying out activities authorised by the licence or land in which the licence holder (or a company associated with it) holds an interest for that purpose. (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.

80 General interpretation provisions.

(1) In this Act, except in so far as the context otherwise requires— “acquiring authority”, in relation to the acquisition under or for the purposes of this Act of any land (whether compulsorily or by agreement) or to a proposal so to acquire any land, means the development corporation, local highway authority or Minister of the Crown by whom the land is, or is proposed to be, acquired; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green; “compulsory purchase order” means an order under section 10(1) or section 11(1) or (2) above; “development” includes re-development and “develop” shall be construed accordingly; “development corporation” has the meaning given by section 3 above; “dispose”, in relation to property, includes the granting of any interest in or right over it; “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction; “enactment”, except in Schedule 10 to this Act, includes an enactment in any local or private Act of Parliament, and an order, byelaw or scheme made under an Act of Parliament; “financial year”, in relation to a development corporation ..., shall be construed in accordance with section 67(2) above; “fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act; “heat networks” has the meaning given by section 216 of the Energy Act 2023; “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the National Trust Act 1907 or section 8 of the National Trust Act 1939; “land” includes messuages, tenements, and hereditaments, houses, and buildings of any tenure; “local authority” means a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992; a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; a levying body within the meaning of section 74 of the Local Government Finance Act 1988, and a body as regards which section 75 of that Act applies and any joint board or joint committee if all the constituent authorities are such local authorities as are mentioned above; “local highway authority” means a highway authority other than the Secretary of State; “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907; “open space” means any land laid out as a public garden, or used for purposes of public recreation, or land being a disused burial ground; “owner”, in relation to any building or land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the building or land, whether in possession or reversion, or who holds or is entitled to the rents and profits of the building or land under a lease or agreement of which the unexpired term exceeds 3 years; “planning permission” means permission under Part III of the Town and Country Planning Act 1990; “prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act; “trolley vehicle” means a mechanically propelled vehicle adapted for use on roads without rails and moved by power transmitted to it from some external source; “universal postal service provider” means a universal service provider within the meaning of Part 3 of the Postal Services Act 2011; and references to the provision of a universal postal service shall be construed in accordance with that Part; “Valuation Office” means the Valuation Office of the Inland Revenue Department. (2) Any reference in this Act to the area of a new town is a reference to the area designated as the site of that new town by the relevant order under section 1 above. (3) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served. (4) Nothing in this Act shall be taken as prejudicing the provisions of— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Part X of the Local Government, Planning and Land Act 1980 (land held by public bodies).

81 Saving and transitional provisions, consequential amendments and repeals.

Subject to the saving and transitional provisions given effect to in Schedule 11 to this Act— (a) the enactments specified in Schedule 12 to this Act have effect subject to the amendments (being amendments consequent on this Act) specified in that Schedule; and (b) the enactments specified in Schedule 13 to this Act (which include enactments which were spent before the passing of this Act) are repealed to the extent specified in the third column of that Schedule.

82 Short title, extent and commencement.

(1) This Act may be cited as the New Towns Act 1981. (2) The provisions of this Act mentioned below (and no others) extend to Scotland— (a) section 60, and in relation to that section, subsections (3) and (3A) of section 77; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) paragraphs 1 and 2 of Schedule 11; (d) Schedule 12 so far as it amends provisions which apply to Scotland; and (e) Schedule 13 so far as it repeals section 1(2) of the New Towns Act 1975, section 14(4) of the New Towns (Amendment) Act 1976, the New Towns Act 1980, and sections 126 and 127 and (so far as it relates to Scotland) section 133 of the Local Government, Planning and Land Act 1980. The provisions mentioned in paragraph (a) shall be taken to have extended to Scotland since section 43 of the New Towns Act 1965 as substituted by section 1(2) of the New Towns Act 1975 came into effect, without prejudice to sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals). (3) Except for ... Schedule 13 so far as it repeals section 14(4) of the New Towns (Amendment) Act 1976, nothing in this Act extends to Northern Ireland. (4) This Act shall come into force on the expiry of the period of one month beginning on the date of its passing.

SCHEDULE 1 Procedure for Designating Area

Section 1. Application of Schedule: Wales only A1 This Schedule applies only in relation to an order under section 1 designating an area of land in Wales as the site of a proposed new town. Making of orders under section 1 1 (1) Where the Secretary of State proposes to make an order under section 1 above he shall prepare a draft of the order, describing the area to be designated as the site of the proposed new town by reference to a map, either with or without descriptive matter, together with such statement as he considers necessary for indicating the size and general character of the proposed new town. (2) In the case of any discrepancy between the map and any such descriptive matter, the descriptive matter shall prevail except in so far as may be otherwise provided by the draft order. 2 (1) Before making the order the Secretary of State shall publish a notice— (a) in the London Gazette; (b) in one or more newspapers circulating in the locality in which the proposed new town will be situated; and (c) in such other newspapers, if any, as he considers appropriate in the circumstances. (2) That notice shall— (a) describe the area to be designated as the site of the proposed new town; (b) state that the draft of an order under section 1 above has been prepared by the Secretary of State in relation to that area and is about to be considered by him; (c) name a place within that area where a copy of the draft order (including any map or descriptive matter annexed to it) and of the statement required by paragraph 1 above may be seen at any reasonable hour; (d) specify the time (not being less than 28 days from the publication of the notice in the Gazette) within which, and the manner in which, objections to the proposed order may be made. (3) The Secretary of State shall, not later than the date on which the notice is published in the Gazette, serve a like notice on the council of every county and of every district or, in the case of land in Wales, every county or county boroughin which the land, or any part of the land, to which the order relates is situated, and on any other local authority who appear to him to be concerned with the order. 3 If any objection is duly made to the proposed order and is not withdrawn, the Secretary of State shall, before making the order, cause a public local inquiry to be held with respect to the objection, and shall consider the report of the person by whom the inquiry was held. 4 Subject to paragraph 3 above, the Secretary of State may make the order either in terms of the draft or subject to such modifications as he thinks fit, but, except with the consent of all persons interested, he shall not make the order subject to a modification which includes in the area designated as the site of the proposed new town any land not so designated in the draft order. 5 (1) As soon as may be after an order has been made as provided by this Schedule, the Secretary of State shall publish as provided in paragraph 2(1) above a notice stating that the order has been made and naming a place (within the area designated by the order as the site of the proposed new town) where a copy of the order may be seen at any reasonable hour. (2) The Secretary of State shall serve a like notice— (a) on any local authority on whom notice of the proposed order was served under paragraph 2; and (b) on any other person who has duly made an objection to the proposed order and, at or after the time of making that objection, has sent to the Secretary of State a request in writing to serve him with the notice required by this paragraph, giving an address for service. Validity and date of operation of orders under section 1 6 (1) If any person aggrieved by an order under section 1 above desires to question the validity of that order, or of any provision contained in it, on the ground— (a) that it is not within the powers of this Act, or (b) that any requirement of this Act has not been complied with in relation to the order, he may, within 6 weeks from the date on which notice of the making of the order is first published in accordance with the relevant provisions of this Schedule apply to the High Court. (2) On any such application the Court— (a) may by interim order suspend the operation of the order or any of its provisions, either generally or in so far as it affects any of the applicant’s property, until the final determination of the proceedings; and (b) if satisfied that the order or any of its provisions— (i) is not within the powers of this Act, or (ii) that the applicant’s interests have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order or any of its provisions, either generally or in so far as it affects any of the applicant’s property. 7 Subject to paragraph 6 above, an order under section 1 above shall not, either before or after it has been made, be questioned in any legal proceedings whatsoever, and shall become operative on the date on which notice is first published as mentioned in that praragraph.

SCHEDULE 2 Effect of Order for Reduction of Designated Area

Section 2. Disposal of land 1 (1) Subject to sub-paragraphs (2) to (4) below, the development corporation shall dispose of any land which it has acquired— (a) which falls within the excluded land; and (b) which the corporation does not require for purposes connected with the development of the new town or for the provision of services for the purposes of the new town. (2) The duty mentioned in sub-paragraph (1) above shall not be performed so as to dispose of land by way of . . . , mortgage or charge. (3) A corporation shall not without the Secretary of State’s consent (given generally or specially) perform the duty so as— (a) to transfer the freehold of land; or (b) to grant a lease of land for a term of more than 99 years or (c) to dispose of any land by way of gift. (4) A corporation shall comply with such directions as the Secretary of State may give— (a) for preventing the duty from being performed; or (b) for restricting the duty; or (c) for requiring it to be performed in a manner specified in the directions. (5) Before giving a direction under sub-paragraph (4) above, the Secretary of State shall consult the corporation, unless he is satisfied that because of urgency consultation is impracticable. (6) Where a corporation purports to dispose of land by virtue of this paragraph, then— (a) in favour of a person claiming under the corporation, the disposal so purporting to be made shall not be invalid by reason that any consent of the Secretary of State required under this paragraph has not been given or that any direction of his given under this paragraph has not been complied with; and (b) a person dealing with the corporation, or a person claiming under the corporation, shall not be concerned to see or enquire whether any such consent has been given or whether any such direction has been given or complied with. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licensing 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Excluded land” 3 Land ceasing to be contained in the area of a new town by virtue of section 2 above is in this Schedule called “excluded land”.

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.