Legalize / United Kingdom / Public General Act

Government of Wales Act 1998

Type Public General Act

Publication 1998-07-31

Last updated 2025-09-10

State In force

Department Statute Law Database

Source legislation.gov.uk

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(21A) (1) The powers to acquire land mentioned in sections 1(7)(h) and 16(3)(b) above are powers— (a) to acquire land by agreement; and (b) to acquire land compulsorily if authorised to do so by the Secretary of State. (2) Where the Agency acquire or have acquired land under subsection (1) above, they have power to acquire by agreement or, if authorised to do so by the Secretary of State, to acquire compulsorily— (a) any land which adjoins the land and is required for the purpose of executing works for facilitating its development or use; and (b) where the land forms part of a common, an open space or a fuel or field garden allotment, any land required for the purpose of being given in exchange for it. (3) The Agency may under subsection (1) above acquire rights over land by the creation of new rights (as well as by acquiring rights already in existence). (4) Before the Agency acquire land under subsection (1) above for the purpose of their function under section 1(3)(da) above, they shall— (a) consider whether the land would or would not in their opinion be made available for development if they did not act; (b) consider the fact that planning permission has or has not been granted in respect of the land or is likely or unlikely to be granted; (c) (in a case where no planning permission has been granted in respect of the land) consult every relevant local authority; and (d) consider the needs of those engaged in building, agriculture and forestry and of the community in general. (5) For the purposes of subsection (4)(c) above, each of the following is a relevant local authority— (a) the council of any county, county borough or district in whose area the land, or any part of the land, is situated; (b) any joint planning board in whose district the land, or any part of the land, is situated; and (c) any National Park authority which is the local planning authority for a National Park in which the land, or any part of the land, is situated. (6) Where the Agency have acquired land under subsection (1) above for the purpose of any of their functions, they may appropriate it to the purpose of any of their other functions. (7) Where the Agency have— (a) acquired land under subsection (1) above for the purpose of their function under section 1(3)(da) above; or (b) under subsection (6) above have appropriated land to that purpose, they shall, until they either dispose of the land or appropriate it under subsection (6) above to the purpose of any of their other functions, manage it and turn it to account. (8) Schedule 4 to this Act shall have effect. (21B) In exercising any power under this Act to dispose of land, the Agency shall not dispose of land for a consideration less than the best that can reasonably be obtained except— (a) as provided by section 16(7) above; or (b) with the consent of the Secretary of State. (21C) (1) The Agency may, if requested to do so by a public authority— (a) advise the authority about disposing of any of the authority’s land in Wales to other persons; and (b) assist the authority in disposing of the land. (2) In subsection (1) above “public authority” means— (a) a government department; (b) the National Assembly for Wales; (c) a county council, county borough council or community council; (d) a National Park authority; (e) a development corporation for a new town; (f) a Health Authority, Special Health Authority or National Health Service trust; (g) a body corporate established by or under an enactment for the purpose of carrying on under national ownership any industry or part of an industry; (h) any statutory undertakers; or (i) any other public authority, body or undertakers specified in an order made by the Secretary of State. (3) The Agency may assist— (a) the council of a county or county borough in Wales in making an assessment of land in its area which is, in its opinion, available and suitable for development; (b) a joint planning board in Wales in making an assessment of land in its district which is, in its opinion, available and suitable for development; or (c) a National Park authority for a National Park in Wales in making an assessment of land in the National Park which is, in its opinion, available and suitable for development.

3

After Schedule 3 insert—

SCHEDULE 4 (1) (1) The Acquisition of Land Act 1981 applies in relation to the compulsory acquisition of land under section 21A above. (2) The Acquisition of Land Act 1981 has effect in its application by virtue of sub-paragraph (1) above with the modifications made by the following provisions of this Part. (2) (1) This paragraph applies where a compulsory purchase order of the Agency authorising the acquisition of any land is submitted to the Secretary of State in accordance with section 2(2) of the Acquisition of Land Act 1981. (2) If the Secretary of State— (a) is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised in it; but (b) has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land, he may confirm the order so far as it relates to the land mentioned in paragraph (a) above and give directions postponing the consideration of the order so far as it relates to any other land specified in the directions until such time as may be so specified. (3) Where the Secretary of State gives directions under sub-paragraph (2) above, the notices required by section 15 of the Acquisition of Land Act 1981 to be published and served shall include a statement of the effect of the directions. (3) (1) Where a compulsory purchase order is made by the Agency— (a) a notice under section 12 of the Acquisition of Land Act 1981 (notice specifying the time for making objections) shall be served on every relevant local authority; (b) each relevant local authority shall have a right to object in accordance with the notice; and (c) the references in section 13 of that Act to objections made by an owner, lessee or occupier shall include references to an objection made by any relevant local authority. (2) For the purposes of sub-paragraph (1) above, each of the following is a relevant local authority— (a) the council of any county, county borough or district in whose area the land, or any part of the land, is situated; (b) any joint planning board in whose district the land, or any part of the land, is situated; and (c) any National Park authority which is the local planning authority for a National Park in which the land, or any part of the land, is situated. (4) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than section 31, apply in relation to the acquisition of land by agreement under section 21A above; and in Part I of that Act as so applied “land” has the meaning given by Schedule 1 to the Interpretation Act 1978. (5) (1) On the completion by the Agency of a compulsory acquisition of land under section 21A above, all— (a) private rights of way; and (b) rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land, shall be extinguished and any such apparatus shall vest in the Agency. (2) Sub-paragraph (1) above does not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking. (3) Sub-paragraph (1) above has effect in relation to any right or apparatus not falling within sub-paragraph (2) above subject— (a) to any direction given by the Agency before the completion of the acquisition that sub-paragraph (1) above shall not apply to any right or apparatus specified in the direction; and (b) to any agreement which may be made (whether before or after the completion of the acquisition) between the Agency and the person in or to whom the right or apparatus is vested or belongs. (4) Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the Agency. (5) Any compensation payable under this paragraph shall be determined in accordance with the Land Compensation Act 1961. (6) (1) The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired by the Agency under section 21A above, whether done by the Agency or by a person deriving title under the Agency, is authorised by virtue of this paragraph if it is done in accordance with planning permission even if it involves— (a) interference with an interest or right to which this paragraph applies; or (b) a breach of a restriction as to the user of land arising by virtue of a contract. (2) Nothing in this paragraph authorises interference with— (a) any right of way; or (b) any right of laying down, erecting, continuing or maintaining apparatus on, under or over land, which is vested in or belongs to statutory undertakers for the purpose of the carrying on of their undertaking. (3) This paragraph applies to any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support. (4) Compensation in respect of any interference or breach in pursuance of sub-paragraph (1) above— (a) shall be payable under section 7 or 10 of the Compulsory Purchase Act 1965; and (b) shall be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase to which that Act applies or the injury arises from the execution of works on land acquired by such a purchase. (5) Where a person deriving title under the Agency— (a) is liable to pay compensation by virtue of sub-paragraph (4) above; but (b) fails to discharge that liability, the liability shall be enforceable against the Agency. (6) Nothing in sub-paragraph (5) above affects any agreement between the Agency and any other person for indemnifying the Agency against any liability under that sub-paragraph. (7) Nothing in this paragraph authorises any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than an interference or breach such as is mentioned in sub-paragraph (1) above. (8) In this paragraph— (a) a reference to a person deriving title from another person includes a reference to any successor in title of that other person; and (b) a reference to deriving title is a reference to deriving title either directly or indirectly. (7) (1) Any consecrated land (whether or not including a building) which has been acquired by the Agency under section 21A above may be used by any person in any manner in accordance with planning permission in spite of any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land. (2) Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground. (3) Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land (not being consecrated land) which was— (a) acquired by the Agency under section 21A above; and (b) at the time of acquisition included a church or other building used or formerly used for religious worship or the site of such a building, shall be subject to compliance with the requirements of regulations made by the Secretary of State for the purposes of this paragraph with respect to the removal and re-interment of any human remains and the disposal of monuments and fixtures and furnishings. (4) Any use of consecrated land authorised by sub-paragraph (1) above shall be subject to such provisions as may be prescribed by such regulations for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part of such a building, remains on the land. (5) Any regulations made for the purposes of this paragraph— (a) shall contain such provisions as appear to the Secretary of State to be required for securing that any use of land which is subject to compliance with the regulations is, as nearly as may be, subject to the same control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure; (b) shall contain such requirements relating to the disposal of any such land as is mentioned in sub-paragraphs (3) and (4) above as appear to the Secretary of State necessary for securing that the provisions of those sub-paragraphs are complied with in relation to the use of the land; and (c) may contain such incidental and consequential provisions (including provision as to the closing of registers) as appear to the Secretary of State to be appropriate for the purposes of the regulations. (6) Any land consisting of a burial ground, or part of a burial ground, which has been acquired as mentioned in sub-paragraph (1) above may be used by any person in any manner in accordance with planning permission in spite of— (a) anything in any enactment relating to burial grounds; or (b) any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds. (7) Sub-paragraph (6) above shall not have effect in relation to any land which has been used for the burial of the dead until the requirements prescribed by regulations made under this paragraph with respect to the removal and re-interment of human remains, and the disposal of monuments, in or on the land have been complied with. (8) Provision shall be made by any regulations made for the purposes of this paragraph— (a) for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and re-interment of any human remains or the disposal of any monuments; (b) for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and re-interment of the remains of the deceased, and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, re-interment and disposal, not exceeding such amount as may be prescribed; and (c) for requiring compliance with such reasonable conditions (if any) as may be imposed in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal, and the place and manner of re-interment, of any human remains and the disposal of any monuments and with any directions given in any case by the Secretary of State with respect to the removal and re-interment of any human remains. (9) Subject to the provisions of regulations made under this paragraph, no faculty shall be required for the removal and re-interment in accordance with the regulations of any human remains or for the removal or disposal of any monuments; and the provisions of section 25 of the Burial Act 1857 (prohibition of removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the regulations. (10) Nothing in this paragraph authorises any act or omission on the part of any person which is actionable at the suit of any person on any ground other than contravention of any such obligation, restriction or enactment as is mentioned in sub-paragraph (1) or (6) above. (11) In this paragraph— - “burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment; and - “monument” includes a tombstone or other memorial. (8) (1) Any land which— (a) is, or forms part of, a common, an open space or a fuel or field garden allotment; and (b) has been acquired by the Agency under section 21A above, may be used by any person in any manner in accordance with planning permission in spite of anything in any enactment relating to land of that kind or in any enactment by which the land is specially regulated. (2) Sub-paragraph (1) does not authorise any act or omission on the part of any person which is actionable at the suit of any person on any ground other than contravention of any such enactment as is mentioned in that sub-paragraph. (9) In construing the Compulsory Purchase Act 1965 in relation to section 21A above— (a) references to the execution of works shall be construed as including references to any erection, construction or carrying out of building or work authorised by paragraph 6 above; and (b) in relation to any erection, construction or carrying out of building or work so authorised, references in section 10 of that Act to the acquiring authority shall be construed as references to the persons by whom the building or work in question is erected, constructed or carried out. (10) (1) Nothing in paragraph 7 or 8 above authorises any act or omission on the part of any authority or body corporate in contravention of any limitation imposed by law on their capacity by virtue of their constitution. (2) Any power conferred by paragraph 7 or 8 above to use land in a manner mentioned in that paragraph shall be construed as a power to use the land, whether or not it involves the erection, construction or carrying out of any building or work or the maintenance of any building or work. (11) (1) This paragraph applies where any land has been acquired by the Agency under section 21A above and— (a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over that land; or (b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking. (2) The Agency, if satisfied that the extinguishment of the right or the removal of the apparatus is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice— (a) stating that, at the end of the period of 28 days beginning with the day of service of the notice or such longer period as may be specified in it, the right will be extinguished; or (b) requiring that the apparatus be removed before the end of that period. (3) The statutory undertakers on whom a notice is served under sub-paragraph (2) above may, before the end of the period of 28 days beginning with the day on which the notice was served, serve a counter-notice on the Agency— (a) stating that they object to all or any provisions of the notice; and (b) specifying the grounds of their objection. (4) Where no counter-notice is served under sub-paragraph (3) above— (a) any right to which the notice relates shall be extinguished at the end of the period specified in the notice; and (b) if, at the end of the period so specified in relation to any apparatus, any requirement of the notice as to the removal of the apparatus has not been complied with, the Agency may remove the apparatus and dispose of it in any way they think appropriate. (5) If a counter-notice is served under sub-paragraph (3) above, the Agency may either— (a) withdraw the notice (but without prejudice to the service of a further notice); or (b) apply to the Secretary of State and the appropriate Minister for an order under this sub-paragraph embodying the provisions of the notice with or without modification. (6) Where by virtue of this paragraph— (a) any right vested in or belonging to statutory undertakers is extinguished; or (b) any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the Agency. (7) Sections 280 and 282 of the Town and Country Planning Act 1990 (measure of compensation for statutory undertakers) apply to compensation under sub-paragraph (6) above as they apply to compensation under section 279(2) of that Act. (12) (1) Before making an order under sub-paragraph (5) of paragraph 11 above, the Ministers proposing to make the order— (a) shall afford to the statutory undertakers on whom a notice was served under sub-paragraph (2) of that paragraph an opportunity of objecting to the application for the order; and (b) if any objection is made, shall consider the objection and afford to those statutory undertakers and to the Agency an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State and the appropriate Minister for the purpose. (2) The Ministers may then, if they think fit, make the order in accordance with the application either with or without modification. (3) Where an order is made under paragraph 11(5) above— (a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and (b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the Agency may remove the apparatus and dispose of it in any way they think appropriate. (13) (1) This paragraph applies where any land has been acquired by the Agency under section 21A above and— (a) there is on, under or over the land apparatus vested in or belonging to statutory undertakers; and (b) the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development. (2) The undertakers may serve on the Agency a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice. (3) Where, after the land has been acquired as mentioned in sub-paragraph (1) above, development of the land begins to be carried out, no notice under sub-paragraph (2) above may be served after the end of the period of 21 days beginning with the day on which the development commenced. (4) Where a notice is served under sub-paragraph (2) above, the Agency may, before the end of the period of 28 days beginning with the day on which the notice was served, serve a counter-notice on the statutory undertakers— (a) stating that they object to all or any of the provisions of the notice; and (b) specifying the grounds of their objection. (5) Where no counter-notice is served under sub-paragraph (4) above, the statutory undertakers shall, after the end of that period of 28 days, have the rights claimed in their notice. (6) If a counter-notice is served under sub-paragraph (4) above, the statutory undertakers who served the notice under this paragraph may either— (a) withdraw it; or (b) apply to the Secretary of State and the appropriate Minister for an order under this sub-paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it appropriate to confer on them. (7) Where, by virtue of this paragraph or an order of Ministers made under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the Agency for the works to be carried out by the Agency, under the superintendence of the undertakers, instead of by the undertakers themselves. (8) Where works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or an order of Ministers made under it, the undertakers shall be entitled to compensation from the Agency. (9) Sections 280 and 282 of the Town and Country Planning Act 1990 (measure of compensation for statutory undertakers) apply to compensation under sub-paragraph (8) above as they apply to compensation under section 279(4) of that Act. (14) (1) Any person duly authorised in writing by the Agency may, at any reasonable time, enter any land— (a) for the purposes of surveying it, or estimating its value, in connection with any proposal to acquire that land, or any other land, under section 21A above; or (b) in connection with any claim for compensation in respect of any such acquisition. (2) Any person duly authorised in writing by the Agency may at any reasonable time enter any land for the purpose of surveying it in order to enable the Agency to determine whether to make an application for planning permission for the carrying out of development of that land. (3) Any power conferred by this paragraph to survey land includes power to search and bore for the purpose of ascertaining— (a) the nature of the subsoil; or (b) the presence of minerals or contaminants in it. (15) (1) A person authorised under paragraph 14 above to enter any land— (a) shall, if so required by the occupier or anyone acting on his behalf, produce evidence of his authority; and (b) shall not, if the land is occupied, demand admission as of right to it unless 24 hours’ notice of the intended entry has been given to the occupier. (2) Any person who intentionally obstructs a person acting in the exercise of a power conferred by paragraph 14 above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) Where any land is damaged in the exercise of a power of entry conferred by paragraph 14 above, compensation in respect of the damage may be recovered by any person interested in the land from the Agency or the Secretary of State. (4) Except in so far as may be otherwise provided by regulations made by the Secretary of State under this sub-paragraph, any question of disputed compensation under sub-paragraph (3) above shall be referred to and determined by the Upper Tribunal ; and the provisions of section 4 of the Land Compensation Act 1961 apply to the determination of any question under this sub-paragraph, subject to any necessary modifications and to the provisions of any regulations under this sub-paragraph. (5) Where under paragraph 14 above a person proposes to carry out any works authorised by sub-paragraph (3) of that paragraph— (a) he shall not carry out those works unless notice of his intention to do so was included in the notice required by sub-paragraph (1)(b) above; and (b) if the land in question is held by statutory undertakers and those undertakers object to the proposed works on the grounds that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out without the authority of the appropriate Minister. (6) A person who enters land in the exercise of a power of entry conferred by paragraph 14 above— (a) shall take reasonable care to avoid damage or injury to plant, machinery, equipment, livestock, crops or enclosures; and (b) on leaving the land, shall secure it as effectively against unauthorised entry as he found it. (7) If any person who is admitted into a factory, workshop or workplace in the exercise of a power of entry conferred by paragraph 14 above discloses to any person any information obtained by him there as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises, be guilty of an offence. (8) A person guilty of an offence under sub-paragraph (7) above is liable— (a) on summary conviction to a fine not exceeding the statutory maximum; or (b) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine, or to both. (16) If the Secretary of State certifies that possession of a house which— (a) has been acquired by the Agency under section 21A above; and (b) is for the time being held by the Agency for the purposes for which it was acquired, is immediately required for those purposes, nothing in the Rent (Agriculture) Act 1976, the Rent Act 1977 or the Housing Act 1988 shall prevent the Agency from obtaining possession of the house. (17) (1) The Secretary of State may by regulations provide for the keeping by the Agency of a register recording their acquisitions, holdings and disposals of land. (2) Regulations under this paragraph may prescribe— (a) the kinds of land and the kinds of transactions to be registered; (b) the form of the registers, and the particulars to be contained in them; and (c) the circumstances in which, and conditions subject to which, the registers are to be open to public inspection. (18) (1) Where, with a view to performing any function of the Agency relating to land, the Agency considers that they ought to have information connected with that or any other land, the Agency may serve on one or more of— (a) the occupier of the land; (b) any person who has an interest in the land either as freeholder, mortgagee or lessee, or who directly or indirectly receives rent for the land; and (c) any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it, a notice specifying the land and the function and the provision which confers the function. (2) The notice shall require the recipient to furnish to the Agency, within a period specified in it (which shall not be less than 14 days beginning with the day on which the notice is served)— (a) the nature of his interest in the land; and (b) the name and address of each person whom the recipient of the notice believes to be the occupier of the land and of each person whom he believes to be, as respects the land, a person mentioned in sub-paragraph (1)(b) or (c) above. (3) A person who— (a) refuses, or fails without reasonable excuse, to comply with the requirements of a notice served on him under sub-paragraph (1) above; or (b) in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. (19) (1) The council of every county and county borough in Wales, every joint planning board for a district in Wales and every National Park authority for a National Park in Wales shall supply the Agency— (a) with such information as the Secretary of State may by regulations prescribe for the purposes of this paragraph (being information which the Agency may need for the purpose of performing their functions); and (b) with such certificates supporting the information as the Secretary of State may in the regulations specify. (2) If a local planning authority in Wales receives an application for planning permission, the authority shall as soon as practicable after receipt send a copy of the application to the Agency. (3) On any grant of planning permission relating to land in Wales, the local planning authority, or the Secretary of State (if it was granted by him), shall, as soon as is practicable, send a copy of the notification of the planning permission to the Agency. (4) Sub-paragraphs (2) and (3) above shall not apply if and so far as the Agency directs. (20) The Secretary of State may make regulations for prescribing the form of any document required or authorised by or under this Schedule. (21) Section 250 of the Local Government Act 1972 (costs of inquiries and expenses of witnesses) shall extend to any public local inquiry held under the Acquisition of Land Act 1981, by virtue of paragraph 1 above, as if the Agency were a local authority. (22) (1) A private interest in land may be acquired compulsorily under section 21A above even though the land is Crown land if consent is given in writing by the appropriate authority. (2) In this paragraph— (a) “private interest” means an interest which is not a Crown interest or a Duchy interest; (b) “Crown land” means land in which there is a Crown interest or a Duchy interest; (c) “Crown interest” means an interest belonging to Her Majesty in right of the Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department; (d) “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall; and (e) “appropriate authority” in relation to Crown land shall be determined in accordance with section 293(2) of the Town and Country Planning Act 1990. (23) (1) Where an offence under this Schedule which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— (a) a director, manager, secretary or other similar officer of the body corporate; or (b) any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and liable to be proceeded against accordingly. (2) Where the affairs of a body corporate are managed by its members, this paragraph shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of a body corporate.

SCHEDULE 14

Part I — Amendments of Welsh Development Agency Act 1975

Introductory

1

The Welsh Development Agency Act 1975 has effect subject to the following amendments.

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Use of agents

4

In section 5(1) (carrying out of certain functions by Agency through a local authority etc.)—

(a) after “section 1(3)(a)” insert “ , (da) ”, and

(b) at the end insert “ or section 21C below. ”

Functions relating to industry

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6

In section 10 (power of Secretary of State to authorise Agency to provide services etc. for development of industry), for “industry” substitute “ businesses ”.

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Interpretation of the 1975 Act

10

(1) Section 27(1) (interpretation) is amended as follows.

(2) After the definition of “the appropriate Minister” insert—

“business” includes any industrial, commercial or professional activities (whether or not with a view to profit) and the activities of any government department or any local or other public authority; “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882 and any town or village green; “dispose” includes dispose by sale or exchange or dispose by lease (whether by grant or assignment) and related expressions shall be construed accordingly; “fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

(3) For the definition of “land” substitute—

“land” has the meaning given by Schedule 1 to the Interpretation Act 1978; “open space” means any land laid out as a public garden or used for the purposes of public recreation or any land which is a disused burial ground;

Orders under the 1975 Act

11

(1) Section 28 (orders) is amended as follows.

(2) In subsection (1)—

(a) after “order” insert “ or regulations ”, and

(b) for “other than section 22,” substitute “ , other than a compulsory purchase order or an order under paragraph 11(5) or 13(6) of Schedule 4, ”.

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

(4) After subsection (2) insert—

(3) Any regulations or order under this Act— (a) may make different provision for different areas or other different cases; and (b) may include transitional and other supplementary and incidental provisions.

(5) In the sidenote, after “Orders” insert “ and regulations ”.

...

12

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

Part II — Amendments of other enactments

The Public Bodies (Admission to Meetings) Act 1960 (c. 67)

13

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

The Land Compensation Act 1961 (c. 33)

14

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

The Development of Rural Wales Act 1976 (c. 75)

15

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

The Acquisition of Land Act 1981 (c. 67)

16

The Acquisition of Land Act 1981 has effect subject to the following amendments.

17

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

18

In section 28 (provisions about the acquisition of rights by the creation of new rights to which Schedule 3 of the Act applies), before paragraph (b) insert—

(aa) section 21A of the Welsh Development Agency Act 1975,

19

In section 31(1) (acquisition under certain provisions of statutory undertakers’ land without a certificate), after paragraph (c) insert

or (d) section 21A of, and Schedule 4 to, the Welsh Development Agency Act 1975,

20

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

SCHEDULE 15

The Landlord and Tenant Act 1954 (c. 56)

1

In section 59(1) of the Landlord and Tenant Act 1954 (compensation for exercise of powers under sections 57 and 58), for “or, subject to subsections (1A) or (1B) below, sections 60A or 60B below” substitute “ or, subject to subsection (1A) below, section 60A below ”.

The Parliamentary Commissioner Act 1967 (c. 13)

2

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

The Local Government Act 1974 (c. 7)

3

In paragraph 6 of Schedule 5 to the Local Government Act 1974 (matters not subject to investigation by Commissions for Local Administration), for “, (bb) or (bc)” substitute “ or (bb) ”.

The Welsh Development Agency Act 1975 (c. 70)

4

In section 11(2)(b) of the Welsh Development Agency Act 1975 (amendment of section 59 of the Landlord and Tenant Act 1954), for “that subsection” substitute “ subsection (1) ”.

The Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

5

In paragraph 2(5)(c) of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (relevant corporations for purposes of resolutions relating to street trading), at the end insert “ and ”.

The Housing Act 1985 (c. 68)

6

The Housing Act 1985 has effect subject to the following amendments.

7

In section 4(a) (meaning of “housing authority”), for “, a new town corporation or the Development Board for Rural Wales” substitute “ or a new town corporation ”.

8

9

In section 51(6) (meaning of “qualified accountant”), for “, a new town corporation or the Development Board for Rural Wales” substitute “ or a new town corporation ”.

10

In section 114(1) and (2) (meaning of “landlord authority”), after “trust” insert “ , or ”.

The Landlord and Tenant Act 1985 (c. 70)

11

The Landlord and Tenant Act 1985 has effect subject to the following amendments.

12

In section 26(1) (sections 18 to 25 not to apply to tenants of certain local authorities), after “Park authority” insert “ , or ”.

13

In section 28(6) (meaning of “qualified accountant”), for “, a new town corporation or the Development Board for Rural Wales” substitute “ or a new town corporation ”.

14

In paragraph 9(1) of the Schedule (paragraphs 2 to 8 not to apply to tenants of certain public authorities), after “Park authority” insert “ , or ”.

The Housing Act 1988 (c. 50)

15

In section 35(4)(a) of the Housing Act 1988 (cases where a tenancy or licence can be a secure tenancy), for “, a housing action trust established under Part III of this Act or the Development Board for Rural Wales” substitute “ or a housing action trust established under Part III of this Act ”.

The Local Government and Housing Act 1989 (c. 42)

16

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

The Water Industry Act 1991 (c. 56)

17

In section 97(5) of the Water Industry Act 1991 (performance of sewerage undertaker’s functions by local authorities etc.)—

(a) in the definition of “relevant area”, at the end of paragraph (c) insert “ and ”, and

(b) in the definition of “relevant authority”, in paragraph (b), for “, a development corporation for a new town or the Development Board for Rural Wales” substitute “ or a development corporation for a new town ”.

18

In section 191 of the Social Security Administration Act 1992 (interpretation), in the definition of “housing authority”, for “, Scottish Homes or the Development Board for Rural Wales” substitute “ or Scottish Homes ”.

SCHEDULE 16

The Friendly and Industrial and Provident Societies Act 1968 (c. 55)

1

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

The Protection from Eviction Act 1977 (c. 43)

2

In section 3A(8) of the Protection from Eviction Act 1977 (excluded licences)—

(a) in paragraph (g), omit “or Housing for Wales”, and

(b) after that paragraph insert—

(ga) the Secretary of State under section 89 of the Housing Associations Act 1985;

The Criminal Law Act 1977 (c. 45)

3

(1) Section 12A of the Criminal Law Act 1977 (protected intending occupiers) is amended as follows.

(2) In subsection (7), omit “(c) Housing for Wales;”.

(3) After that subsection insert—

(7A) Subsection (6) also applies to the Secretary of State if the tenancy or licence is granted by him under Part III of the Housing Associations Act 1985.

The Housing Act 1985 (c. 68)

4

The Housing Act 1985 has effect subject to the following amendments.

5

Subject to the following provisions, in each place (except in the phrases “Housing Corporation”, “the Income and Corporation Taxes Act 1988” and “British Coal Corporation”), for “Corporation” substitute “ Relevant Authority ”.

6

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

7

In section 6A(1) and (2) (interpretation), for “Housing for Wales” substitute “ the Secretary of State ”.

8

(1) Section 45 (definition of “public sector authority”) is amended as follows.

(2) In subsection (2), for “Corporation” substitute “ Housing Corporation or Scottish Homes ”.

(3) After that subsection insert—

(2A) In subsection (1)(a) “public sector authority” also includes the Secretary of State if the freehold has been conveyed by him (or Housing for Wales) under section 90 of the Housing Associations Act 1985.

9

In section 57 (index of defined expressions), omit the entry relating to “the Corporation”.

10

In section 92(2A)(a) (assignments by way of exchange), omit “Housing for Wales,”.

11

In section 117 (index of defined expressions)—

(a) omit the entry relating to “the Corporation”, and

(b) after the entry relating to “registered social landlord” insert—

the Relevant Authority	section 6A

12

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

13

In section 171(2) (power to extend right to buy etc.), for “Corporation” substitute “ Housing Corporation or Scottish Homes ”.

14

In section 188 (index of defined expressions)—

(a) omit the entry relating to “the Corporation”, and

(b) after the entry relating to “regular armed forces of the Crown” insert—

the Relevant Authority	section 6A

15

(1) Section 429A (housing management: financial assistance) is amended as follows.

(2) In subsection (2A), omit paragraph (b).

(3) After that subsection insert—

(2B) The reference in subsection (2)(a) to a body within subsection (2A) includes the Secretary of State if he has the interest as the result of the exercise by him (or Housing for Wales) of functions under Part III of the Housing Associations Act 1985.

16

In section 450A (loans for service charges in right to buy cases), after subsection (1) insert—

(1A) But, except for cases where he is the landlord as the result of the exercise by him (or Housing for Wales) of functions under Part III of the Housing Associations Act 1985, the regulations may not contain provision for cases where the Secretary of State is the landlord.

17

(1) Section 450B (loans for service charges) shall be amended as follows.

(2) After subsection (1) insert—

(1A) But, except for cases where he is the landlord as the result of the exercise by him (or Housing for Wales) of functions under Part III of the Housing Associations Act 1985, the regulations may not contain provision for cases where the Secretary of State is the landlord.

(3) After subsection (3) insert—

(3A) For the purposes of this section a long lease granted or assigned by the Secretary of State shall only be taken to have been granted or assigned by a housing authority if the Secretary of State granted or assigned it in exercise of his powers under section 90 of the Housing Associations Act 1985.

18

(1) Section 458 (definitions) is amended as follows.

(2) That section is renumbered as subsection (1) of that section and in that subsection, in the definition of “housing authority”, after “includes” insert “ (subject to subsection (2)) ”.

(3) After that subsection insert—

(2) In section 444 “housing authority” does not include the Secretary of State unless the interest in the house is or was acquired on a disposal by him under section 90 of the Housing Associations Act 1985; and in section 452 “housing authority” does not include the Secretary of State unless the disposal was under that section 90.

19

In section 459 (index of defined expressions)—

(a) omit the entry relating to “the Corporation”, and

(b) after the entry relating to “registered social landlord” insert—

the Relevant Authority	section 6A

20

In section 577 (index of defined expressions)—

(a) omit the entry relating to “the Corporation”, and

(b) after the entry relating to “reinstatement grant” insert—

the Relevant Authority	section 6A

21

(1) Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies) is amended as follows.

(2) In Ground 10A in Part II, for “Corporation” substitute “ Housing Corporation or Scottish Homes ”.

(3) In paragraph 6 of Part V, for “registered social landlord, the Corporation, and not the Secretary of State,” substitute “ social landlord registered in the register maintained by the Housing Corporation under section 1 of the Housing Act 1996 or a housing association registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 1985, the Housing Corporation, or Scottish Homes, (and not the Secretary of State) ”.

22

In paragraph 7(1) of Schedule 4 (landlords for the purposes of right to buy etc.), for “Corporation” substitute “ Housing Corporation or Housing for Wales ”.

The Housing Associations Act 1985 (c. 69)

23

The Housing Associations Act 1985 has effect subject to the following amendments.

24

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

25

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

26

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

27

(1) Section 69 (power to vary or terminate certain agreements with housing associations) is amended as follows.

(2) In subsection (1)(a), after “Housing for Wales” insert “ and then to the Secretary of State ”.

(3) In subsection (2)—

(a) for “On the application of a party to an agreement to which this section applies, the Secretary of State” substitute “ If any person (other than the Secretary of State) who is a party to an agreement to which this section applies makes an application to the Secretary of State, he ”, and

(b) at the end (but not as part of paragraph (b)) insert— “ and where the Secretary of State is a party to such an agreement, he may agree that it shall have effect with any variations or that it shall be terminated. ”

(4) In subsection (2A)—

(a) after “Housing for Wales”, in the first place, insert “ and then to the Secretary of State ”, and

(b) for “Housing for Wales”, in the second place, substitute “ the Secretary of State ”.

28

29

30

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

31

32

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

33

34

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

35

(1) Section 79 (lending powers) is amended as follows.

(2) For subsections (1) and (2) substitute—

(1) The Relevant Authority may lend to a registered social landlord or an unregistered self-build society, and the Housing Corporation may lend to any of its subsidiaries or to any other body in which it holds an interest, for the purpose of enabling the body to meet the whole or part of expenditure incurred or to be incurred by it in carrying out its objects. (2) The Relevant Authority may lend to an individual for the purpose of enabling him to acquire from— (a) the Relevant Authority, or (b) any body to which the Relevant Authority may lend under subsection (1), a legal estate or interest in a dwelling which he intends to occupy.

(3) In subsection (4), after “and” insert “ (in the case of a loan by the Housing Corporation) ”.

36

37

38

(1) Section 84 (agreements to indemnify certain lenders) is amended as follows.

(2) In subsection (1), omit “, with the approval of the Secretary of State,”.

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

(4) In subsection (5), after “approval” insert “ and before himself entering into an agreement in a form about which he has not previously consulted under this subsection ”.

39

In section 85(4) (meaning of “relevant advance”)—

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

(b) at the end (but not as part of the list) insert— “ or an advance made to such a person by the Secretary of State if the conveyance, assignment or grant was made under section 90. ”

40

In section 87(2) (ways in which financial assistance under the section may be given), after “giving any form of financial assistance” insert “ under this section ”.

41

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

42

(1) Section 90 (disposal of land) is amended as follows.

(2) In subsection (1), for the words “(ancillary development)” onwards substitute “ (ancillary development) to a registered social landlord or an unregistered self-build society; and the Housing Corporation may dispose of such land to any of its subsidiaries or to any other body in which it holds an interest. ”

(3) In subsection (2), for the words following “new town corporation” substitute

, or Scottish Homes; and the Housing Corporation may dispose of any such land to any of its subsidiaries.

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

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

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

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

43

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

44

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

45

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

46

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

47

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

48

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

49

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

50

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

51

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

52

In paragraph 6(2)(b) of Part I of Schedule 5 (payments by Secretary of State where dwellings become vested in certain bodies), omit “or Housing for Wales”.

53

(1) Schedule 7 (powers exercisable where loan outstanding under section 2 of the Housing Act 1964) is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (1), omit “, with the consent in writing of the Secretary of State,”,

(b) in sub-paragraph (2), omit “given with the like consent”, and

(3) The written consent of the Secretary of State is required for the giving, varying or revoking of directions by the Housing Corporation.

(3) In paragraph 3—

(a) for “Corporation” (in both places) substitute “ Housing Corporation ”, and

(b) at the end insert “ ; and the Secretary of State shall not give a housing association directions under paragraph 2 unless he at the same time makes, or has previously made, such a scheme. ”

(4) Paragraph 4 shall be renumbered as sub-paragraph (1) of that paragraph and—

(a) in that sub-paragraph, for “Corporation” (in both places) substitute “ Housing Corporation ”, and

(b) after that sub-paragraph insert—

(2) The Secretary of State shall not give to such an association directions under paragraph 2 requiring the association to transfer any land to the Secretary of State, or to any other person, unless he is so satisfied.

(5) In paragraph 5—

(a) in sub-paragraph (1), for “Corporation” (in both places) substitute “ Housing Corporation ”,

(b) after that sub-paragraph insert—

(1A) If it so appears to the Secretary of State, he may make a scheme.

(d) after sub-paragraph (5) insert—

(6) Where the Secretary of State makes the scheme, he shall have power to acquire for the purposes of the scheme the association’s interest in the land and to carry through the provisions of the scheme.

The Income and Corporation Taxes Act 1988 (c. 1)

54

The Income and Corporation Taxes Act 1988 has effect subject to the following amendments.

55

In section 376(4) (qualifying lenders), for paragraph (ka) substitute—

(ka) the Secretary of State if the loan is made by him under section 79 of the Housing Associations Act 1985;

56

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

57

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

58

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

The Housing Act 1988 (c. 50)

59

The Housing Act 1988 has effect subject to the following amendments.

60

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

61

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

(2) Sub-paragraph (1) and paragraphs 64 to 66 extend only to England and Wales.

62

Omit section 46 (Housing for Wales).

63

Omit section 47 (transfer to Housing for Wales of regulation etc. of housing associations based in Wales).

64

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

65

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

66

67

In section 59(2) (introduction of Schedule 6)—

(a) in paragraph (b), omit “the establishment by this Part of this Act of Housing for Wales and”, and

(b) in paragraph (c), for “other” substitute “ the ”.

68

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

69

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

70

Omit section 92(2) (meaning of “the Corporation” in Part III).

71

In section 133 (consent of Secretary of State to certain subsequent disposals of houses disposed of by local authorities)—

(a) in subsection (6), omit “or Housing for Wales”, and

(b) in subsection (7), for “in accordance with subsection (6) above” substitute “ under this section ”.

72

In section 140(1) (amendments), omit the words “and in that Schedule” onwards.

73

Omit Schedule 5 (constitution etc. of Housing for Wales).

The Local Government and Housing Act 1989 (c. 42)

74

The Local Government and Housing Act 1989 has effect subject to the following amendments.

75

In section 172(2)(b) (transfer of new town housing stock), omit “or Housing for Wales”.

76

(1) Section 173 (consent required for subsequent disposals) is amended as follows.

(2) In subsection (6), omit “or Housing for Wales”.

(3) In subsection (7), for “in accordance with subsection (6) above” substitute “ under this section ”.

The Taxation of Chargeable Gains Act 1992 (c. 12)

77

The Taxation of Chargeable Gains Act 1992 has effect subject to the following amendments.

78

In section 218(3) (disposals between Housing for Wales and certain housing associations), for “ “Housing for Wales”” substitute “ “the Secretary of State” ”.

79

In section 219(2) (disposals by Housing for Wales etc. and certain housing associations), for “ “Housing for Wales”” substitute “ “the Secretary of State” ”.

80

In the heading preceding section 218 and in the sidenotes of that section and section 219, for “Housing for Wales” substitute “ the Secretary of State ”.

The Housing Act 1996 (c. 52)

81

Part I of the Housing Act 1996 has effect subject to the following amendments.

82

(1) Subject to the following provisions, in each place (including headings and sidenotes) except in the phrase “Housing Corporation”—

(a) for “Corporation” substitute “ Relevant Authority ”, and

(b) for “Corporation’s” substitute “ Relevant Authority’s ”.

(2) Sub-paragraph (1) does not apply to Schedule 3.

83

(1) Section 1 (register of social landlords) is amended as follows.

(2) In subsection (1), omit “at the head office of the Corporation”.

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

(4) Omit subsection (2).

84

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

85

(1) Section 18 (social housing grants) is amended as follows.

(2) For subsection (5) substitute—

(5) The appointment— (a) if made by the Housing Corporation, shall be on such terms as the Housing Corporation may, with the approval of the Secretary of State given with the consent of the Treasury, specify, and (b) if made by the Secretary of State, shall be on such terms as the Secretary of State may, with the consent of the Treasury, specify; and, in either case, the authority shall act in accordance with those terms.

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

86

For section 30(5) (notices requiring giving of information or production of documents) substitute—

(5) A notice under this section— (a) if given by the Housing Corporation, shall be given under its seal, and (b) if given by the Secretary of State, shall be given in writing.

87

For section 36(3) and (4) (issue of guidance about management of housing accommodation) substitute—

(3) Before issuing any guidance under this section the Relevant Authority shall consult such bodies appearing to the Relevant Authority to be representative of registered social landlords as the Relevant Authority considers appropriate; and where the Relevant Authority issues guidance under this section it shall be issued in such manner as the Relevant Authority considers appropriate for bringing it to the notice of the landlords concerned. (4) The Housing Corporation shall not issue guidance under this section unless— (a) it has been submitted in draft to the Secretary of State for his approval, and (b) the Secretary of State has given his approval to the draft.

88

(1) Section 46 (appointment of manager to implement agreed proposals) is amended as follows.

(2) In subsections (1) and (6), omit “under its seal”.

(3) After subsection (6) insert—

(7) An order under this section— (a) if made by the Housing Corporation, shall be made under its seal, and (b) if made by the Secretary of State, shall be made in writing.

89

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

90

In section 51(2) (the bodies that are social landlords for the purposes of having complaints against them investigated by a housing ombudsman)—

(a) in paragraph (a), after “registered social landlord” insert “ or a body which was at any time a registered social landlord ”, and

(b) in paragraph (d), for “Corporation” substitute “ Housing Corporation, or with Housing for Wales, ”.

91

In section 52(1) (provisions about powers of Secretary of State to make orders), for “this Part” substitute “ section 2, 17, 39, 51 or 55 or Schedule 2 ”.

92

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

93

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

94

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

95

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

96

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

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

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

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

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

(6) In paragraph 27(1)—

(a) omit “, with the consent of the Secretary of State,”, and

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

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

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

97

(1) Schedule 2 (social rented sector: housing complaints) is amended as follows.

(2) In paragraph 6(2), for “Corporation” (in both places) substitute “ Housing Corporation ”.

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

The Audit Commission Act 1998 (c. 18)

98

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

99

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

100

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

101

In section 42 (functions of Audit Commission in relation to accounts of registered social landlords), for “Corporation” (in each place) substitute “ Relevant Authority ”.

102

In section 43 (interpretation), for “Corporation” substitute “ Relevant Authority ”.

SCHEDULE 17

Part I — Bodies subject generally to audit etc. provisions

1

A body specified in Part I ... of Schedule 4. . . .

2

An Agricultural Land Tribunal established for an area wholly in, or consisting of, Wales.

3

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

4

The Democracy and Boundary Commission Cymru.

5

The Mental Health Review Tribunal for Wales.

6

The National Library of Wales.

7

The National Museum of Wales.

8

A panel, established under Schedule 10 to the Rent Act 1977, of persons to act as chairmen and other members of rent assessment committees for an area or areas every part of which is in Wales.

9

The Royal Commission on Ancient and Historical Monuments of Wales.

10

An urban development corporation established for an urban development area wholly in Wales.

11

A valuation tribunal exercising functions in relation only to Wales or an area of Wales.

Part II — Bodies partially subject to audit etc. provisions

12

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

13

A National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales or any trustees appointed in pursuance of paragraph 10 of Schedule 3 to the National Health Service (Wales) Act 2006 for such a trust.

14

A Special Health Authority performing functions only or mainly in respect of Wales.

Part III — Bodies subject only to provisions about accounting officers and examinations of use of resources

15

The Arts Council of Wales.

16

The Sports Council for Wales.

SCHEDULE 18

Part I — Welsh Administration Ombudsman and Health Service Commissioner for Wales

Part II — Welsh public records

Part III — Welsh Development Agency

Part IV — Development Board for Rural Wales

Part V — Land Authority for Wales

Part VI — Housing for Wales

Part VII — Residuary Body for Wales

Membership.

Introductory.

34A

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

41A

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

Regulation of procedure.

Grants to Assembly.

93A

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

94A

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

96A

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

96B

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

96C

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

101A

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

Forestry Commissioners.

Land acquisition and disposal etc.

Transfer of property, staff etc. to Welsh Development Agency.

145A

(1) The Auditor General for Wales may undertake or promote studies designed to enable him to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of any relevant body or bodies.

(2) The Auditor General for Wales may also undertake or promote other studies relating to the provision of services by any relevant body or bodies.

(3) Subsections (1) and (2) do not entitle the Auditor General for Wales to question the merits of the policy objectives of any relevant body.

(4) In determining how to exercise his functions under this section, the Auditor General for Wales shall take into account the views of the Audit Committee as to the studies which he should undertake or promote under this section.

(5) For the purposes of this section each of the following is a “relevant body”—

(a) a person who prepares accounts or statements of accounts falling to be examined by the Auditor General for Wales in accordance with any provision made by or under this or any other Act;

(b) any other person (other than a local government body in Wales) in relation to whom, by virtue of provision made by or under this or any other Act, the Auditor General for Wales carries out examinations or studies relating to the economy, efficiency and effectiveness with which that person has used his resources in discharging his functions;

(c) a person (other than a registered social landlord in Wales) in respect of whom the Auditor General for Wales has functions by virtue of provision made under section 146A.

(6) Where the Auditor General for Wales undertakes or promotes a study under this section he may arrange for a report containing—

(a) the results of the study, and

(b) his recommendations (if any),

to be laid before the Assembly.

(7) In this section—

“local government body in Wales” has the meaning given in section 12(1) of the Public Audit (Wales) Act 2004; and

“registered social landlord in Wales” has the meaning given in section 146A(2).

145B

(1) The Auditor General for Wales may undertake studies designed to enable him to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of a body specified in the first column of the Table, if requested to do so by the body (or one of the bodies) specified in relation to it in the second column of the Table.

Subject of study	Requesting body
The governing body of an institution in Wales within the higher education sector.	The governing body or the Commission for Tertiary Education and Research.
. . .	. . .
. . .	. . .
The governing body of an institution in Wales within the further education sector.	The governing body , the Commission or the Welsh Ministers.

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

(2) Subsection (1) does not entitle the Auditor General for Wales to question the merits of the policy objectives of a body.

(3) Where the Auditor General for Wales undertakes a study under subsection (1) ... he may, with the consent of the body that requested the study, arrange for a report containing—

(a) the results of the study, and

(b) his recommendations (if any),

to be laid before the Assembly.

(4) The Auditor General for Wales may, at the request of the Commission for Tertiary Education and Research, give the Commission advice in connection with the discharge of the council’s functions under section 124B(2)(b) of the Education Reform Act 1988 or paragraph 18(2)(b) of Schedule 7 to that Act.

(5) The Auditor General for Wales may, at the request of a higher education corporation or further education corporation in Wales—

(a) advise them in connection with the appointment of persons to audit their accounts;

(b) audit their accounts for a financial year.

(6) In subsection (5)—

(a) “ higher education corporation ” and “ further education corporation ” have the same meaning as in the Further and Higher Education Act 1992;

(b) references to the accounts of a higher education corporation include references to a statement of accounts prepared by the corporation under section 124B of the Education Reform Act 1988 or paragraph 18 of Schedule 7 to that Act.

(7) This section must be construed as one with the Education Act 1996; and references in any enactment to the Education Acts include this section.

145C

(1) The Welsh Ministers and the Auditor General for Wales may agree on one or more programmes of studies designed to enable the Auditor General for Wales to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of registered social landlords . . . .

(2) If a programme is agreed, the Auditor General for Wales shall ensure that studies giving effect to the programme are undertaken by him ....

(3) It shall be a term of every such programme that the Welsh Ministers pay to the Wales Audit Office a sum in respect of the costs incurred (which may not exceed the full cost incurred in undertaking the programme), in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013.

(4) This section does not entitle the Auditor General for Wales to question the merits of the policy objectives of a registered social landlord . . . .

(5) Where a study is undertaken under this section by the Auditor General for Wales or on his behalf, he may arrange for a report containing—

(a) the results of the study, and

(b) his recommendations (if any),

to be laid before the Assembly.

(6) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed under paragraph 17(3)(a) or (b) of Schedule 8 to the Government of Wales Act 2006 (requirement to give assistance, information or explanation to the Auditor General for Wales) in relation to a study under this section.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) The Auditor General for Wales may disclose to the Welsh Ministers information obtained by him or a person acting on his behalf in the course of a study under this section.

(9) “ Registered social landlord ” means a body which is registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996.

(10) In this section, a reference to a person acting on behalf of the Auditor General for Wales is a reference to a person acting on the Auditor's behalf by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013.

145D

(1) The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord . . . for the purpose of the exercise by the registered social landlord of its functions.

(2) Advice or assistance under this section may be provided on such terms and conditions, including conditions as to payment, as the Wales Audit Office thinks fit, but any terms as to payment may only be made in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013.

(2A) Any sums charged in relation to advice or assistance provided under this section may not exceed the full cost of providing that advice or assistance.

(3) This section has effect without prejudice to section 19 of the Public Audit (Wales) Act 2013 (arrangements for the provision of services between the Wales Audit Office and certain bodies).

(4) “ Registered social landlord ” means a body which is registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996.

146A

(1) The Welsh Ministers may, with the consent of the Auditor General for Wales, by order provide for any of their supervisory functions in respect of a public body or a registered social landlord . . . —

(a) to be exercised on their behalf by the Auditor General for Wales, or

(b) to be transferred to the Auditor General for Wales.

(1A) But before making an order under subsection (1), the Welsh Ministers must consult the Wales Audit Office.

(2) In this section—

“ public body ” means— a body exercising functions of a public nature, ora body entirely or substantially funded from public money, (and for this purpose “ body ” includes office);

“ registered social landlord ” means a body which is registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996;

“ supervisory functions ”, in respect of a public body or a registered social landlord . . . , means functions of examining, inspecting, reviewing or studying the financial or other management of the public body or registered social landlord or the way in which it discharges any of its functions.

(3) The Welsh Ministers may direct the Auditor General for Wales to prepare a report on his exercise, generally or in respect of a specific body or matter, of any function transferred to him by an order under subsection (1)(b).

(4) The Auditor General for Wales must lay before the Assembly any report prepared by him in accordance with a direction under subsection (3).

(5) An order under subsection (1) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).

(6) No order under subsection (1) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, the Assembly.

Transitional provisions.

1

The Assembly constituencies shall be the parliamentary constituencies in Wales.

2

(1) There shall be five Assembly electoral regions.

(2) The Assembly electoral regions shall be the five European Parliamentary constituencies in Wales provided for by the European Parliamentary Constituencies (Wales) Order 1994.

(3) There shall be four Assembly seats for each Assembly electoral region.

3

Paragraphs 1 and 2(2) and (3) are subject to any Order in Council under the Parliamentary Constituencies Act 1986 (“the 1986 Act”), as that Act has effect as extended by this Schedule.

4

When the Boundary Commission for Wales (“the Commission”) provisionally determine (in pursuance of the 1986 Act) to recommend the making of alterations affecting any parliamentary constituencies, the Commission shall consider whether any alteration—

(a) in the Assembly electoral regions, or

(b) in the allocation of seats to the Assembly electoral regions,

will be required in order to give effect to the rules set out in paragraph 8.

3A

Social Care Wales.

12A

The Commission for Healthcare Audit and Inspection.

20A

The Health Protection Agency.

25A

A Local Health Board.

46

The Wales Centre for Health.

1

(1) The Welsh Administration Ombudsman shall be appointed by Her Majesty.

(2) Subject to sub-paragraphs (3) and (4), the Welsh Administration Ombudsman shall hold office until the end of the year of service in which he attains the age of 65.

(3) Her Majesty may relieve the Welsh Administration Ombudsman of office before the end of that year of service—

(a) at his request, or

(b) on Her Majesty being satisfied that he is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.

(4) Her Majesty may remove the Welsh Administration Ombudsman from office before the end of the year of service in which he attains the age of 65 if, on the ground of misbehaviour, the Secretary of State recommends that Her Majesty should do so; but the Secretary of State shall not so recommend without consulting the Assembly.

2

(1) The person for the time being holding the office of Welsh Administration Ombudsman shall by the name of that office be a corporation sole.

(2) The Welsh Administration Ombudsman shall be regarded as holding office under Her Majesty and as exercising his functions on behalf of the Crown.

(3) Service as the Welsh Administration Ombudsman shall not be service in Her Majesty’s Home Civil Service but he shall be taken to be a Crown servant for the purposes of the Official Secrets Act 1989.

3

(1) Where the office of Welsh Administration Ombudsman becomes vacant, Her Majesty may, at any time during the period of twelve months beginning with the date on which the vacancy arose, appoint a person to act as the Welsh Administration Ombudsman.

(2) Subject to sub-paragraphs (3) to (5), an acting Welsh Administration Ombudsman shall hold office in accordance with the terms of his appointment.

(3) An acting Welsh Administration Ombudsman shall not hold office after—

(a) the appointment of a new Welsh Administration Ombudsman, or

(b) the end of the period of twelve months beginning with the date on which the vacancy arose,

whichever occurs first.

(4) Her Majesty may at any time relieve an acting Welsh Administration Ombudsman of office—

(a) at his request, or

(b) on Her Majesty being satisfied that he is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.

(5) Her Majesty may remove an acting Welsh Administration Ombudsman from office at any time if, on the ground of misbehaviour, the Secretary of State recommends that Her Majesty should do so; but the Secretary of State shall not so recommend without consulting the Assembly.

(6) A person appointed under this paragraph shall, while he holds office, be regarded for all purposes (except those of paragraph 1 and this paragraph) as the Welsh Administration Ombudsman.

Disclosure of information to Information Commissioner

28

(1) The Welsh Administration Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Welsh Administration Ombudsman under or for the purposes of this Schedule if the information appears to the Welsh Administration Ombudsman to relate to—

(a) a matter in respect of which the Information Commissioner could exercise any power conferred by—

(i) Part V of the Data Protection Act 1998 (enforcement),

(ii) section 48 of the Freedom of Information Act 2000 (practice recommendations), or

(iii) Part IV of that Act (enforcement), or

(b) the commission of an offence under—

(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or

(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(2) Nothing in paragraph 25(1) applies in relation to the disclosure of information in accordance with this paragraph.

The Exchequer and Audit Departments Act 1866 (c.39)

The Statutory Instruments Act 1946 (c.36)

The Public Records Act 1958 (c.51)

The Parliamentary Commissioner Act 1967 (c.13)

The Pensions (Increase) Act 1971 (c.56)

The Local Government Act 1974 (c.7)

The Juries Act 1974 (c.23)

The House of Commons Disqualification Act 1975 (c.24)

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)

...

The Insolvency Act 1986 (c.45)

The Finance Act 1987 (c.16)

The Official Secrets Act 1989 (c.6)

The Finance Act 1989 (c.26)

The Tribunals and Inquiries Act 1992 (c.53)

The European Communities (Amendment) Act 1993 (c.32)

The Value Added Tax Act 1994 (c.23)

The Deregulation and Contracting Out Act 1994 (c.40)

...

The Acquisition of Land Act 1981 (c.67)

The Landlord and Tenant Act 1954 (c.56)

The Parliamentary Commissioner Act 1967 (c.13)

The Local Government Act 1974 (c.7)

The Welsh Development Agency Act 1975 (c.70)

The Local Government (Miscellaneous Provisions) Act 1982 (c.30)

The Housing Act 1985 (c.68)

The Landlord and Tenant Act 1985 (c.70)

The Housing Act 1988 (c.50)

The Local Government and Housing Act 1989 (c.42)

The Water Industry Act 1991 (c.56)

The Friendly and Industrial and Provident Societies Act 1968 (c.55)

The Protection from Eviction Act 1977 (c.43)

The Criminal Law Act 1977 (c.45)

The Housing Act 1985 (c.68)

The Housing Associations Act 1985 (c.69)

The Income and Corporation Taxes Act 1988 (c.1)

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Government of Wales Act 1998

3

SCHEDULE 14

Part I — Amendments of Welsh Development Agency Act 1975

Introductory

1

...

2

...

3

Use of agents

4

Functions relating to industry

5

6

...

7

...

8

...

9

Interpretation of the 1975 Act

10

Orders under the 1975 Act

11

...

12

Part II — Amendments of other enactments

The Public Bodies (Admission to Meetings) Act 1960 (c. 67)

13

The Land Compensation Act 1961 (c. 33)

14

The Development of Rural Wales Act 1976 (c. 75)

15

The Acquisition of Land Act 1981 (c. 67)

16

17

18

19

20

SCHEDULE 15

The Landlord and Tenant Act 1954 (c. 56)

1

The Parliamentary Commissioner Act 1967 (c. 13)

2

The Local Government Act 1974 (c. 7)

3

The Welsh Development Agency Act 1975 (c. 70)

4

The Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

5

The Housing Act 1985 (c. 68)

6

7

8

9

10

The Landlord and Tenant Act 1985 (c. 70)

11

12

13

14

The Housing Act 1988 (c. 50)

15

The Local Government and Housing Act 1989 (c. 42)

16

The Water Industry Act 1991 (c. 56)

17

The Social Security Administration Act 1992 (c. 5)

18

SCHEDULE 16

The Friendly and Industrial and Provident Societies Act 1968 (c. 55)

1

The Protection from Eviction Act 1977 (c. 43)

2

The Criminal Law Act 1977 (c. 45)

3

The Housing Act 1985 (c. 68)

4

5