Legalize / United Kingdom / Public General Act

Local Government, Planning and Land Act 1980

Type Public General Act

Publication 1980-11-13

Last updated 2026-07-11

State In force

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Part I — Local Government—Relaxation of Controls

Relaxation of Ministerial control of authorities.

1

(1) So much of the provisions mentioned in Schedule 1 to this Act—

(a) as makes the exercise of any power of a local authority subject—

(i) to a right of appeal to a Minister; or

(ii) to the provisions of regulations made by a Minister; or

(b) as confers upon a Minister any power to give a local authority directions or power to require a local authority to make bylaws; or

shall cease to have effect.

(2) The amendments specified in Schedule 2 to this Act shall have effect for the purpose of limiting—

(a) the powers of the Secretary of State and the Treasury to supervise local authorities, . . . and river purification authorities in the discharge of their functions relating to clean air and pollution ; and

(b) the powers of the Treasury to control rates of interest on sums payable to such authorities and to the Secretary of State in respect of expenses incurred by them in the discharge of such functions.

(3) The amendments specified in Schedule 3 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to amenity and connected matters.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The amendments specified in Schedule 6 to this Act shall have effect for the purpose of limiting the powers of Ministers to control charges to be imposed by loacl authorities for the services provided by them and rates of interest to which local authorities may be entitled.

(7) The amendments specified in Part I of Schedule 7 to this Act shall have effect for the purpose of limiting the powers of Ministers to supervise local authorities in the discharge of their functions relating to highways.

(8) The amendments specified in Part II of that Schedule shall have effect in relation to the functions of local authorities relating to road traffic and to matters connected with those functions.

Part II — Publication of Information by Local Authorities

Duty of authorities to publish information.

2

(1) The authorities to whom this section applies are—

(a) a county council;

(aa) a county borough council;

(b) a district council;

(ba) a parish council;

(bb) a parish meeting of a parish which does not have a separate parish council;

(bc) a community council;

(d) a London borough council;

(e) the Common Council of the City of London;

(f) the Council of the Isles of Scilly;

(g) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(h) a fire and rescue authority 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;

(ha) a National Park authority for a National Park in Wales;

(hb) a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ka) a joint authority established by Part IV of the Local Government Act 1985;

(kaa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(kab) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(kac) a combined authority established under section 103 of that Act;

(kad) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

(kb) the London Fire Commissioner;

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

; and any other authority which is a best value authority for the purposes of Part I of the Local Government Act 1999 (best value) ....

(1A) This section also applies to an authority which—

(a) is not within subsection (1) above;

(b) is not within section 4(4) below; and

(c) is, or is treated as, a smaller authority for the purposes of section 5 of the Local Audit and Accountability Act 2014 (modification of that Act in relation to smaller authorities).

(2) The Secretary of State may issue for the purposes of this section a code of recommended practice as to the publication of information by such authorities about the discharge of their functions and other matters (including forecasts) which he considers to be related.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A code may be prepared either by the Secretary of State or by some other person at his request.

(5) The Secretary of State may from time to time revise or request some other person to revise the whole or any part of a code.

(6) A code may specify—

(a) that publication be made in periodical reports or in any other specified manner;

(b) the occasions on which such publication is to made; and

(7) Without prejudice to the generality of subsection (6) above, a code may specify, as a manner of publishing information—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) its dispatch with, or inclusion in—

(i) a demand note for payment of rates issued under section 237(1) of the Local Government (Scotland) Act 1947; or

(ii) a notice given by virtue of regulations made under paragraph 2 of Schedule 2 to the Local Government Finance Act 1992

(b) its inclusion in a statement of accounts prepared by an authority to which this section applies in accordance with section 3 of the Local Audit and Accountability Act 2014 or regulations under section 39 of the Public Audit (Wales) Act 2004 or in an abstract of accounts prepared by such an authority in accordance with regulations under section 105 of the Local Government (Scotland) Act 1973; or

(8) A code may specify steps which authorities are to take to inform the public of the availability of the information.

(9) Where a code specifies information as to the cost of the discharge of any of the functions of authorities, it may specify how the cost is to be determined.

(10) More than one code may be issued under this section, and different codes may deal with—

(a) different classes of information;

(b) different kinds of authority or the same kind of authority in different circumstances or different areas ;

(11) A code issued under this section applies to an authority within subsection (1A) above only in respect of information relating to a financial year during which the authority was within that subsection.

(12) A function under this section or section 3 below that is expressed to be exercisable by the Secretary of State is exercisable by the Secretary of State (and not the Welsh Ministers) in relation to a person or body that—

(a) is within subsection (1A), and

(b) exercises functions in relation to an area that is partly in England and partly in Wales.

Supplementary provisions relating to codes of practice on publication of information.

3

(1) The Secretary of State may make regulations requiring authorities to whom section 2 above applies to publish any description of information specified in a code issued under that section if in his opinion it is necesary to make such regulations in order to ensure that authorities publish information of that description.

(2) The Secretary of State may make regulations requiring such authorities to publish any description of information specified in a code issued under section 2 above in the manner and form specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description in that manner and from.

(3) Where the occasions specified in a code for the publication of any description of information recur not more ofter than once a year, the Secretary of State may make regulations requiring authorities to publish information of that description on the occasions specified in the code, if in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on those occasions.

(4) Where the occasions specified in a code for the publication of any description of information recur more often than once a year, the Secretary of State may make regulations requiring authorities to publish information on the occasions specified in the code if—

(a) the information is of a description to which this subsection applies; and

(b) in his opinion it is necessary to make such regulations in order to ensure that authorities publish information of that description on the occasions specified in the code.

(5) The descriptions of information to which subsection (4) above applies are—

(a) information about the discharge of authorities’ functions relating to housing or land;

(b) information about the number of their employees or the number of any description of their employees; and

(c) information about the determination of applications for planning permission under the Town and Country Planning Act 1990 or the Town and Country Planning (Scotland) Act 1997.

(6) The Secretary of State may by order direct that subsection (4) above shall apply to descriptions of information other than those specified in subsection (5) above.

(7) Any regulations under this section and any order under subsection (6) above may make different provision in relation to authorities in England, authorities in Scotland and authorities in Wales.

(8) The power to make any such regulations or order shall be exercisable by statutory instrument.

(9) A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) No order under subsection (6) above shall have effect until approved by a resolution of each House of Parliament.

(11) Before issuing a code under section 2 above or making regulations under this section or an order under subsection (6) above the Secretary of State shall consult such associations of authorities to whom section 2 above applies as appear to him to be concerned and any such authority with whom consultation appears to him to be desirable.

(12) A code may specify and regulations under subsection (2) above may require that any description of information shall be published to the public in general or to any section of it.

Power to direct bodies to publish information.

4

(1) The relevant Minister may direct that a body or description of bodies specified in any of the paragraph of subsection (4) below shall publish information about the discharge of their functions and other matters (including forecasts) which he considers to be related.

(2) Different directions may be given to bodies of the same description in different areas.

(3) A direction under this section may specify—

(a) the manner in which information is to be published;

(b) the occasions on which such publication is to be made; and

(4) The bodies and descriptions of bodies mentioned in subsection (1) above are—

(a) development corporations established under the New Towns Act 1981 or the New Towns (Scotland) Act 1968;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) urban development corporations within the meaning of Part XVI of this Act;

(e) Passenger Transport Executives . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) district councils or Welsh county councils or county borough councils carrying on road passenger transport undertakings.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A) In this section “the relevant Minister” means, in relation to the National Rivers Authority, the Secretary of State or the Minister of Agriculture, Fisheries and Food

(6) Subject to subsection(5A) above, in this section “the relevant Minister " means the Secretary of State.

(7) A direction given to a . . .council under this section may only relate to its road passenger transport undertaking.

Part III — Direct Labour Organisations

Works Contracts

Meaning of “works contract ".

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Regulation of works contracts.

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Limitations on power to enter into works contracts.

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Functional work

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Regulation of functional work.

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Accounting Provisions

Accounts relating to construction or maintenance work

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Exemption from requirement to keep seperate accounts under section 10.

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Contents of accounts relating to construction or maintenance work.

12

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Annual balance sheet etc.

13

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Accounts under section 10 and other local authority accounts.

14

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Financial provisions

Payment for construction or maintenance work undertaken in pursuance of delegated functions etc.

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General financial duty: treatment of deficits.

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Supplementary

Annual reports on construction or maintenance work.

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Application to joint commitees.

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Sanctions

Notice for purpose of getting information.

19A

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Power to give directions.

19B

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General

Interpretation of Part III.

20

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Exemption of small direct labour organisations from requirements of Part III.

21

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Consequential repeal or amendment of local statutory provisions.

22

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Part III—supplementary

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Part IV — Local Government Allowances

Right of councillor to opt for financial loss allowance.

24

(1) In section 173 of the Local Government Act 1972 (attendance allowance and financial loss allowance) at the end of subsection (1) (right of member of local authority who is a councillor to receive attendance allowance) there shall be added the words “unless a notice under section 173A below is effective in relation to him".

(2) The following section shall be inserted after that section:—

(173A) (1) If a councillor gives notice in writing to the local authority of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled. (2) A notice under this section is referred to in this section as a “financial loss allowance notice". (3) If a councillor gives a financial loss allowance notice to the local authority not later than the end of the period of four weeks from his election as a member of the authority, he shall be enititled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after giving of the notice. (4) If a councillor who has not given the local authority a financial loss allowance ntoice in accordance with subsection (3) above gives them such a notice not less than three months before the beginning of a financial year, he shall be entitled to receive financial loss allowance for the perofrmance of any approved duty performed not earlier than the beginning of that financial year. (5) A financial loss allowance notice shall continue to have effect until the councillor ceases to be a member of the local authority or until a notice under subsection (6) below takes effect, whichever occurs first. (6) If not less than three months before the beginning of a financial year a councillor who has given the local authority of which he is a member a financial loss allowance notice gives them notice in writing that he withdraws that notice, he shall be entitled to receive payments by way of attendance allowance, instead of financial loss allowance, for the performance of any approved duty after the beginning of the financial year following the giving of the notice.

(3) This section does not extend to Scotland.

Amendments relating to allowances to members of local authorities and other bodies.

25

(1) In subsection (1) of section 174 of the Local Government Act 1972 (by virtue of which travelling and subsistence allowances are payable to members of local authorities and other bodies but the Secretary of State has power to specify maximum rates in the case of travel for the purpose of an approved duty within the United Kingdom) and in subsection (1) of section 46 of the Local Government (Scotland) Act 1973 (which makes similar provision for Scotland) after the word “travel" there shall be inserted the words “or subsistence".

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The following subsections shall be inserted after section 175(3) of the said Act of 1972—

(3A) In relation to a water authority this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the persons for whom they provide their services or any of those persons. (3B) In relation to any such body as is mentioned in section 177(1)(d) or (e) below this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate— (a) to the functions of the body; or (b) to any functions of local authorities in which the body has an interest.

(5) The following subsection shall be inserted after section 47(3) of the said Act of 1973:—

(3A) In relation to any such body as is mentioned in section 49(1)(c) or (d) below this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate— (a) to the functions of the body; or (b) to any functions of local authorities in which the body has an interest.

Introduction of special responsibility allowances for members of local authorities.

26

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 50 of that Act (regulations as to allowances)—

(a) after the word “48" there shall be inserted the words “ and 49A ”;

(b) in subsection (2), for the words “or 49" there shall be substituted the words “ 49 or 49A ”.

Vice-chairmen of councils in Scotland and application of Part IV to Scotland.

27

(1) The following section shall be inserted after section 3 of the Local Government (Scotland) Act 1973:—

(3A) (1) A council may appoint a member of the council to be vice-chairman of the council. (2) The vice-chairman shall hold office until the expiry of the term of office of the council. (3) A person holding the office of vice-chairman shall be eligible for re-election as vice-chairman but shall cease to hold that office upon ceasing to be a councillor. (4) Subject to any standing order made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman. (5) A council may pay the vice-chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable.

(2) Section 24 above does not extend to Scotland, and this section extends to Scotland only.

Part V — Rates

Valuation

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28

Ascertainment of rateable value of non-industrial buildings.

29

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30

Fish Farms

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31

Rating exemption for fish farms in Scotland.

32

After section 7 of the Valuation and Rating (Scotland) Act 1956 there shall be inserted—

(7A) (1) For the purposes of any valuation roll in force for the year 1981–82 or any subsequent year or for the making up of any valuation roll for any subsequent year the following provisions of this section shall have effect regarding lands and heritages to which this section applies and dwelling-houses occupied in connection therewith. (2) This section applies to— (a) lands and heritages (other than dwelling-houses) used solely for or in connection with fish farming; and (b) lands and heritages consisting of— (i) one or more buildings (other than dwelling-houses) used solely for or in connection with fish farming; or (ii) any land occupied together with and used solely for or in connection with the use of such building or buildings. (3) No lands and heritages to which this section applies shall be entered in the valuation roll, and any reference in any enactment to the person appearing from the valuation roll to be the owner or the occupier of any lands and heritages shall on the first day after the first day of April nineteen hundred and eighty-one, have effect in the case of lands and heritages to which this section applies as if the reference to the valuation roll were omitted. (4) Subsections (5) to (8) of section 7 of this Act shall have effect in relation to the gross annual value of any dwelling-house which— (a) is occupied in connection with lands and heritages to which this section applies; and (b) is used as the dwelling-house of a person engaged primarily in carrying on or directing fish farming operations on these lands and heritages or employed in connection with fish farming thereon; and (c) is suitabnle in character and size for such use in connection with those lands and heritages as they have in relation to the gross annual value of any dwelling-house referred to in subsection (4) of that section, and in that connection any reference in the said subsections (5) to (8) to agricultural lands and heritages shall be construed as a reference to lands and heritages to which this section applies. (5) Where part of lands and heritages consists of one or more buildings or one or more parts of buildings (being a part of lands and heritages which is used for such a purpose that if it were in separate occupation it would be lands and heritages to which this section applies), then that part of lands and heritages and the remainder shall each be treated as respects the year 1981-82 and subsequent years for the purposes of the Valuation Act as if it were lands and heritages in separate occupation. (6) In subsection (5) above, any reference too a building or part of a building shall be construed as including a reference to land occupied together and used solely in connection with the use of such building or part. (7) In determining for the purposes of this section whether during any year a building used for or in connection with fish farming is solely so used, no account shall be taken of any time in that year during which it is used in any other way, if that time does not amount to a substantial part of that year. (8) In this section— “fish farming” means the breeding or rearing of fish or the cultivation of shall fish (including crustaceans and molluscs of any description) for the purpose of producing food for human consumption or for the transfer to other waters but does not include the breeding, rearing or cultivation of any fish or shellfish— 1. which are purely ornamental, or 2. which are bred, reared or cultivated for exhibition.

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33

Unused and unoccupied property

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42

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45

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46

Commencement and extent of Part V.

47

(4) The following provisions of this Act, namely—

(b) paragraphs 6(2) and (3) and 10 of Schedule 33 to this Act;

(5) The provisions of Schedule 33 to this Act which give the Secretary of State power by order to prescribe multipliers and which are specified in subsection (6)(a), (b) and (c) below shall not have effect until he exercises the power conferred by them.

(6) The provisions of Schedule 33 mentioned in subsection (5) above are—

(a) paragraph 4; and

(7) Subject to the foregoing provisions of this section, this Part of this Act and the repeals contained in Part IX of Schedule 34 to this Act shall come into force on the day on which this Act is passed.

(8) Sections 32 and 46 above extend to Scotland only but, subject to that, this Part of this Act extends to England and Wales only.

Part VI — Rate Support Grant

Amendments relating to existing system of rate support grants

General power to reduce rate support grant.

48

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Reduction of resources element.

49

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Redution of needs element for authorities in Greater London.

50

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Supplementary grants for transport purposes.

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Separate provision for Wales.

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New system of rate support grants

Introduction of new system of rate support grants.

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The aggregate amount of rate support grants.

54

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The domestic rate relief grant.

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The block grant.

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Adjustments of distribution of block grant.

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The Rate Support Grant Report.

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Supplementary reports.

61

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Adjustment of block grant in connection with education etc.

63

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Adjustment of block grant for rates equalisation contribution.

63A

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Information.

65

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Estimates and calculations.

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Changes in rateable value.

67

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Rate support grant– supplementary.

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Part VII — Miscellaneous Grants

Grants in respect of rate rebates for disabled

Grants in respect of rebates under the Rating (Disabled Persons) Act 1978.

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(1) For the year beginning with 1st April 1979 and each subsequent year the Secretary of State shall pay out of money provided by Parliament to any authority granting rebates under the Rating (Disabled Persons) Act 1978 in that year a grant equal to 90 per cent. of the aggregate amount of the rebates so granted, excluding any additional amount granted by virtue of. . . section 4(7) of that Act. . . .

(1A) Subject to subsection (1B) below, no grant shall be paid to any authority in respect of any rebates granted by that authority on or after 1st April 1995.

(1B) A grant shall be payable to any authority granting rebates under the said Act of 1978 in respect of non-domestic water and sewerage rates for the year beginning with 1st April 1995.

(2) Payments of grant under this section shall be made at such times as the Secretary of State may with the consent of the Treasury determine.

(2A) Subsections (1A) and (1B) above extend to Scotland only.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants for caravan sites

Grants in respect of caravan sites for gipsies

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(1) This section applies to expenditure of a capital nature incurred by any local authority under section 24 of the Caravan Sites and Cintrol of Development Act 1960 (provision of caravan sites by local authorities) in respect of caravan sites provided for the accommodation of gipsiespersons to whom subsection (8A) of that section applies

(2) The Secretary of State may, with the approval of the Treasury, make out money provided by Parliament grants in respect of expenditure which, in his opinion, is expenditure to which this section applies.

(3) Any grants under this section shall be made on such terms and conditions (if any) as the Secretary of State may, with the approval of the Treasury, determine.

(4) In this section—

“caravan” has the meaning assigned to it by the Caravan Sites and Control of Development Act 1960 ; and

“gipsy” has the meaning assigned to it by the Caravan Sites Act 1968.

Part VIII — Capital Expenditure of Local Authorities Etc.

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71

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81

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82

Part IX — Town and Country Planning

Allocation of planning functions

Distribution of planning functions between planning authorities.

86

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Planning fees

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87

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88

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89

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90

Compulsory acquisition

Amendments relating to compulsory acquisition.

91

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a compulsory purchase order has been made, or a binding contract has been entered into to acquire land, before the passing of this Act, sections 112 and 119 of the Town and Country Planning Act 1971 shall apply as they applied immediately before the passing of this Act, which shall for this purpose be treated as not having been passed.

Amendments of Town and Country Planning (Scotland) Act 1972

Town and Country Planning – Scotland.

92

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . ., This Part of this Act does not extend to Scotland.

Part X — Land Held by Public Bodies

Public bodies to whom Part X applies.

93

(1) This Part if this Act applies to any body for the time being specified in Schedule 16 to this Act.

(1A) Sections 95 to 96A also apply to the Homes and Communities Agency so far as it is exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008 and to the Greater London Authority so far as it is exercising its new towns and urban development functions (and references to a body to which this Part of this Act applies in those sections are to be read accordingly).

(2) The Secretary of State may by order made by statutory instrument amend Schedule 16 to this Act—

(a) by adding an entry naming a public body not for the time being specified in Schedule 16;

(b) by amending or delting any entry for the time being contained in the Schedule.

(3) A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Before making an order under subsection (2) above, the Secretary of State shall send written notification that he proposes to make the order to any body to whom this Part of this Act would apply by virtue of the order.

(5) Any body specified in a notification under subsection (4) above may make representations to the Secretary of State within a period of 42 days from the date of the notification.

(6) Where the Secretary of State has sent a notification under subsection (4) above to a body, he may not make the order to which the notification relates until the expiration of the period specified in subsection (5) above.

Areas in which Part X is to operate.

94

(1) This Part of this Act shall come into operation in accordance with subsection (2) below.

(2) The Secretary of State may by order made by statutory instrument direct that this Part of this Act shall come into operation in the area of any district council or London borough council specified in the order.

(3) A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The City of London shall be treated for the purposes of this section as if it were a London borough and as if the Common Council were the council of that borough.

Registration of land holdings.

95

(1) The Secretary of State may compile and maintain a register, in such form as he may think fit, of land which satisfies the conditions specified in subsection (2) below.

(2) The conditions mentioned in subsection (1) above are—

(a) that a freehold or leasehold interest in the land is owned by a body to which this Part of this Act applies or a subsidiary of such a body;

(b) that it is situated in an area in relation to which this Part of this Act is in operation or is not so situated but adjoins other land which is so situated and in which a freehold or leasehold interest is owned by a body to which this Part of this Act applies or a subsidiary of such a body; and

(c) that in the opinion of the Secretary of State the land is not being used or not being sufficiently used for the purposes of performance of the body’s functions or of carrying on their undertaking.

(3) The Secretary of State may enter on the register any such land satisfying the conditions specified in subsection (2) above as he may think fit.

(4) The Secretary of State may also enter on the register any Crown land situated in an area in relation to which this Part of this Act is on operation or not so situated but adjoining other Crown land which is so situated.

(5) The information to beincluded in the register in relation to any land entered on it shall be as the Secretary of State thinks fit.

(6) In this section “Crown land” means land belonging to a goverment department or to a body who perform their functions on behalf of the Crown or held on trust for Her Majesty for the purposes of a government department; and in this subsection “government department” includes any Minister of the Crown.

Public access to information.

96

(1) The Secretary of State shall send to a council in respect of whose area a register is maintained under section 95 above—

(a) a copy of that register; and

(b) such amendments to it as he may from time to time consider appropriate.

(2) It shall be the duty of a council to whom amendments to a register are sent under subsection (1)(b) above to incorporate the amendments in their copy of the register,

(3) A copy of the register sent to a council under this section shall be available at the council’s principal office for inspection by any member of the public at all reasonable hours.

(4) If any member of the public requires a council to supply him with a copy of the information contained in such a copy of a register, the council shall supply him with a copy of that information on payment of such reasonable charge for making it as the council may determine.

Information about entries.

96A

(1) Where land is entered on a register under section 95(3) above, the Secretary of State shall as soon as is reasonably practicable after entering the land send a copy of the information included in the register in relation to the land to any body to whom this Part of this Act applies, if it appears from the register that the body or a subsidiary of the body owns a freehold or leasehold interest in the land.

(2) Where land is entered on a register under section 95(3) above and the Secretary of State amends the information included in the register in relation the land, he shall soon as is reasonably practicable after amending the information send a copy of the amended information to any body to whom this Part of this Act applies, if it appears from the register that the body or a subsidiary of the body owns a freehold or leasehold interest in the land.

(3) The fact that the Secretary of State must send anything to a council under section 96 above does not displace any duty of his to send anything to the council under subsection (1) or (2) above.

(4) Subsection (5) below applies where a copy sent under subsection (1) or (2) above has been received by a body.

(5) If at any time the body becomes aware that any information in the only or the latest copy received by them is or has become inaccurate, they shall as soon as is reasonably practicable after becoming so aware inform the Secretary of State that theinformation is inaccurate and give him (so far as they are able) the corrected information.

(6) Subsection (5) above does not apply if, when the body becomes so aware, the land concerned is no longer entered on a register under section 95(3) above.

Secretary of State’s power to require information.

97

(1) The Secretary of State may direct a body to whom this Part of this Act applies to inform him whether the body or a subsidiary of the bosy holds a freehold or leasehold interest in land which is specified or is of a description specified, in the direction.

(2) A body need only to comply with a direction under subsection (1) above as regards land which is situated in an area in relation to which this Part of this Act is in operation.

(3) Where a body to whom this Part of this Act applies or a subsidiary of such a body holds a freehold or leasehold interest in land situated in an area in relation to which this Part of this Act is in operation, the Secretary of State may direct the body to whom this Part of this Act applies to give him such information about the land as he may specify.

Disposal of land at direction of Secretary of State.

98

(1) The Secretary of State may direct a body to whom this Part of the is Act for the time being applies—

(a) to take steps for the disposal of the interest held by them in any land which for the time being satisfies the conditions specified in section 95(2) above or any lesser interest in such land; or

(b) to ensure that a subsidiary of theirs takes steps for the disposal of the interest held by the subsidiary in any land which for the time being satisfies those conditions or any lesser interest in such land,

being, in either case, steps which it is necessary to take to dispose of the interest and which it is in their power to take.

(2) A direction under this section may specify the steps to be taken for the disposal of an interest in land and the terms and conditions on which an offer to dispose of it is to made.

(2A) A direction under this section may include provision that no disposal of an interest to which the direction relates shall, while the direction remains unrevoked, be made in favour of a person or body who—

(a) is specified, or is of a description specified, in the direction, and

(b) is at the date the disposal is proposed to be made associated with the body to whom the direction is given.

(3) A direction under this section may be varied or revoked by a further direction.

(4) The power to give directions conferred by this section is in addition to and not in derogation from any such power to the grant of an interest in land.

(5) In this section and section 99 below references to the disposal of an interest in land include references to the grant of an interest in land.

(6) In subsection (2A) above references to a disposal of interest include references to a contract to disposa of an interest, and references to making a disposal include references to entering into such a contract.

(7) For the purposes of subsection (2A) above a person is associated with a body if (but only if)—

(a) he is a member of the body or of a subsidiary of the body, or

(b) he is a nominee of the body or of a subsidiary of the body.

(8) For the purposes of subsection (2A) above a body is associated with another body if (but only if)—

(a) the other body, or a subsidiary of the other body, is a member of it,

(b) any of its members is also a member of the otherbody or of a subsidiary of the other body, or

(9) Notwithstanding section 100(1) below, in subsections (7) and (8) above “subsidiary” has trhe same meaning as in section 1159 of the Companies Act 2006.

Directions to dispose of land– supplementary.

99

(1) Before giving a direction to a body under section 98 above, the Secretary of State shall give them notice of his proposal to give the direction and ot its proposed contents.

(2) A body who receives a notice under subsection (1) above may make representations to the Secretary of State as to why the proposed direction should not be given or as to its proposed contents.

(3) If the body do not make such representations within a period of 42 days from the date of the notice or within such longer period as the Secretary of State may in any particular case allow, the Secretary of State may give the direction as proposed.

(4) If—

(a) a county council;

(aa) a county borough council;

(ab) a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

(b) a district council;

(d) a London borough council or the Common Council of the City of London;

(da)

(db) a joint authority established by Part IV of the Local Government Act 1985;

(dbza) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(dbzb) a combined authority established under section 103 of that Act;

(dbzc) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

(dba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(dbb) the London Fire Commissioner;

(dbc) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;

(dc) a police and crime commissioner;

(dcc) the Mayor's Office for Policing and Crime;

(dd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) ... a development corporation established under the New Towns Act 1981 or an urban development corporation established under this Act; or

(f) any authority, body or undertakers in relation to whom the Secretary of State is the appropriate Minister,

have made representations under subsection (2) above, the Secretary of State may not give a direction unless he is satisfied that the interest to which the direction would relate can be disposed of in the manner in which and on the terms and conditions on which he proposes that it shall be disposed of without serious detriment to the performance of their functions or the carrying out of their undertaking.

(5) If any other body to whom this Part of this Act applies have made such representations, the Secretary of State may not give a direction unless the appropriate Minister certifies that the interest to which the direction would relate can be disposed of in the manner in which and on the terms and conditions on which he proposes that it shall be disposed of without serious detriment to the performance of their functions of the carrying on of their undertaking.

(5A) The Secretary of State need not give notice under subsection (1) above as regards a further direction revoking a previous direction given under section 98 above;

(5B) The Secretary of State need not give notice under subsection (1) as regards a further direction varying a previous direction given under section 98 above if—

(a) the variation consists only of one which omits part of the land to which the previous direction relates, or

(b) the variation is stated in the further direction to consist only of one which is made to take account of a representation of the body to whom the previous direction was given.

(5C) The contents of a direction under section 98 above may differ from its proposed contents contained in a notice given under subsection (1) above if—

(a) the difference consists only of a variation which omits part of the land referred to in the proposed contents, or

(b) the difference is stated in the direction to consist only of a variation which is made to take account of a representation of the body to whom the notice was given;

and the words “as proposed" in subsection (3) above shall have effect accordingly.

(5D) The Secretary of State may by order made by statutory instrument substitute a period specified in the order for the period of 42 days specified in subsection (3) above or for such other period as is for the time being in specified in that subsection by virtue of an order under this subsection.

(5E) No order under subsection (5D) above may substitute a period as regards a notice given before the coming into force of the order.

(6) In this section “the appropriate Minister”—

(a) in relation to any body whoo are statutory undertakers for the purposes of any provision of Part XI of the Town and Country Planning Act 1990, shall have the same meaning as in that Part of that Act, and

(b) in relation to any other body, shall have the meaning given by an order under this subsection section made by statutory instrument by the Secretary of State with the concurrence of the Treasury.

(7) A statutory instrument containing an order under subsection (5D) or (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Power of entry.

99A

(1) A person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of helping the Secretary of State to decide whether to give a direction under section 98 above in relation to the land.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person may not enter land under this section unless at least 21 clear days’ notice in writing of the intended entry hasbeen givem to every person who is an owner or occupier.

(4) In this section “owner”, in relation to any land, means a person, other than a mortagagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and includes also a person holding, or entitled to the rents and profits of, the land under a lease or agreement.

Interpretation and extent of Part X.

100

(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.

Part XI — Community Land Act

Repeal.

101

(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).

Part XII — The Land Authority for Wales

The Authority

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102

Functions

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103

Acquisition of land

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104

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105

Miscellaneous

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106

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107

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108

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109

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110

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111

Part XIII — Land Compensation

Claims for compensation for depreciation.

112

(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 92) 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 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.

Claims for compensation for depreciation which are out of time on commencement date.

113

(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.

Claims for home loss payments.

114

(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.

Interpretation of Part XIII.

115

In 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.

Part XIV — Land—Miscellaneous

Development land

Assessment of development land.

116

(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.

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

117

Miscellaneous provisions about land

Land miscellaneous amendments.

118

Schedule 23 to this Act (which contains miscellaneous amendments about land, including amendments to relax controls) shall have effect.

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

119

Compulsory acquisition: exclusion of special parliamentary procedure.

120

(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—

(a) 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,

(b) in relation to Wales, the council of a county or district,

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—

(a) 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,

(b) . . . , 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

(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.

Certification of appropriate alternative development.

121

(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.

Acquisition and disposal of land by the Crown.

122

(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);

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.

Acquisition of land by the Crown in Northern Ireland.

123

(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);

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.

Town development functions.

124

(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.

Extent of Part XIV.

125

In this Part of this Act, only sections 116, 118, and 120 to 122 extend to Scotland.

Part XV — New Towns

Payments to Secretary of State

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

126

Licensing

Off-licences: special provisions to cease.

131

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

Power to end special licensing provisions.

132

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

Miscellaneous

Interpretation, amendments and extent.

133

(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.

(4) This Part of this Act does not extend to Scotland (apart from this section) or to Northern Ireland.

Part XVI — Urban Development

Urban development areas

Urban development areas.

134

(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;

(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.

Urban development corporations

Urban development corporations.

135

(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;

(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.

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