ukpga/1968/16 — New Towns (Scotland) Act 1968

New Towns (Scotland) Act 1968 1968 c. 16 An Act to consolidate certain enactments relating to new towns and to matters connected therewith, being those enactments in their application to Scotland; with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949. [28th March 1968] New towns and their development corporations Designation of site of new town. 1 1 If the Secretary of State is satisfied, after consultation with any local authorities who appear to him to be concerned, that it is expedient in the national interest that any area of land should be developed as a new town by a corporation established under this Act, he may make an order designating that area as the site of the proposed new town. 2 An order under this section may include in the area designated as the site of the proposed new town any existing town or other centre of population; and references in this Act to a new town or proposed new town shall be construed accordingly. 3 The provisions of Schedule 1 to this Act shall have effect with respect to the procedure to be followed in connection with the making of orders under this section and with respect to the validity and date of operation of such orders. 4 As soon as may be after an order under this section becomes operative, the Secretary of State shall record it in the Register of Sasines. 5 Section 10(4) of this Act applies where it is proposed to make an order under this section. 6 Section 46(5) of this Act applies to any order under this section which designates an area as the site of a proposed new town, and to certain orders for extending the area of a new town. Reduction of designated areas. 1A 1 The Secretary of State may make an order excluding any land specified in the order from the area of a new town if, after consulting— a the development corporation for the town, and b the local authority in whose area the land is situated, he is satisfied that it is expedient to make the order. 2 Subject to subsections (3) and (4) below, on the coming into force of an order under subsection (1) above— a the land specified in the order shall cease to be contained in the area of the new town; and b the order made under section 1 above designating the land shall cease to operate as regards that land. 3 The Secretary of State may in an order under this section make such provision by way of savings and transitional provisions (including provisions amending provisions made by or under an enactment) as he thinks fit, and subsection (2) above applies subject to any such savings and transitional provisions. 4 Schedule 1A to this Act applies with respect to the effect of an order under this section. 5 As soon as may be after an order under this section becomes operative, the Secretary of State shall record it in the Register of Sasines or the Land Register of Scotland, as the case may be. 6 The power to make an order under this section shall be exercisable by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament. Establishment of development corporation for new town. 2 1 For the purposes of the development of each new town the site of which is designated under section 1 of this Act, the Secretary of State shall by order establish a corporation (in this Act called a development corporation) consisting of a chairman, a deputy chairman and such number of other members, not exceeding seven, as may be prescribed by the order; and every such corporation shall be a body corporate by such name as may be prescribed by the order, with perpetual succession and a common seal. 2 The provisions of Schedule 2 to this Act shall have effect with respect to the constitution and proceedings of any development corporation established under this Act. 3 Nothing in this Act shall be construed as exempting a development corporation from liability for any tax, duty, rate, levy or other charge whatsoever, whether general or local. Objects and general powers of development corporation. 3 1 The objects of a development corporation established for the purposes of a new town shall be to secure the laying out and development of the new town in accordance with proposals approved in that behalf under the following provisions of this Act. 2 Subject to section 4 of this Act, every such corporation shall, for the purpose of securing the laying out and development of the new town as aforesaid, have power— a to acquire, hold, manage and dispose of land and other property; b to carry out building and other operations; c to provide water, electricity, gas, sewerage and other services; d to carry on any business or undertaking in or for the purposes of the new town, and generally to do anything necessary or expedient for the purposes of the new town or for purposes incidental thereto. 3 Without prejudice to the generality of the powers conferred on development corporations by this Act, a development corporation— a may, with the consent of the Secretary of State, contribute such sums as the Secretary of State, with the concurrence of the Treasury, may determine towards expenditure incurred or to be incurred by any local authority or statutory undertakers in the performance, in relation to the new town, of any of their statutory functions, including expenditure so incurred in the acquisition of land; and b may, with the like consent, contribute such sums as the Secretary of State, with the like concurrence, may determine by way of assistance towards the provision of amenities for the new town. 4 For the avoidance of doubt it is hereby declared that subsection (2) above relates only to the capacity of a development corporation as a statutory corporation; and nothing in this section shall be construed as authorising the disregard by a development corporation of any enactment or rule of law. 5 For the avoidance of doubt it is hereby also declared— a that the power of acquiring land conferred by subsection (2) above on a development corporation established for the purposes of a new town includes power to acquire any land within the area of the new town, whether or not it is proposed to develop that particular land; and b that the power of disposing of land conferred by that subsection on such a development corporation includes, in relation to any land within the area of the new town, power to dispose of that land whether or not the development of that particular land has been proposed or approved under section 6(1) of this Act. Restrictions on powers of development corporation. 4 1 A development corporation shall not have power to borrow money except in accordance with sections 37 and 37A of this Act. 2 Without prejudice to any provision of this Act requiring the consent of the Secretary of State to be obtained for anything to be done by a development corporation, the Secretary of State may give directions to any such corporation for restricting the exercise by them of any of their powers under this Act or for requiring them to exercise those powers in any manner specified in the directions. 3 Before giving any directions to a development corporation under subsection (2) above the Secretary of State shall consult with the chairman of the corporation, or, if the chairman is not available, with the deputy chairman, unless he is satisfied that , on account of urgency, such consultation is impracticable. 4 A transaction between a person and a development corporation acting in purported exercise of their powers under this Act shall not be void by reason only that it was carried out in contravention of a direction given by the Secretary of State under subsection (2) above unless that person had actual notice of that direction. 5 Without prejudice to section 3(4) of this Act, nothing in this Act shall be construed as authorising a development corporation to carry on any undertaking for the supply of water, electricity or gas, or any railway, light railway, tramway or trolley vehicle undertaking except under the authority of an enactment not contained in this Act specifically authorising them to do so or, in the case of a trolley vehicle undertaking, under the authority of such an enactment or of an order under section 32 of this Act. Allocation or transfer of new town functions to existing or new development corporation. 5 1 If it appears to the Secretary of State, in the case of the area of any new town, that there are exceptional circumstances which render it expedient that the functions of a development corporation under this Act should be performed by the development corporation established for the purposes of any other new town instead of by a separate corporation established for the purpose, he may instead of establishing such a separate corporation, by order direct that the said functions shall be performed by the development corporation established for the said other new town. 2 If it appears to the Secretary of State that there are exceptional circumstances which render it expedient that the functions of a development corporation established for the purposes of a new town should be transferred to the development corporation established for the purposes of any other new town, or to a new development corporation to be established for the purposes of the first-mentioned new town, he may by order provide for the dissolution of the first-mentioned corporation and for the transfer of its functions, property, rights and liabilities to the development corporation established for the purposes of the said other new town, or, as the case may be, to a new corporation established for the purposes of the first-mentioned new town by the order. 3 Without prejudice to the provisions of this Act with respect to the variation of orders made thereunder, an order under this section providing for the exercise of functions in relation to a new town by the development corporation established for the purposes of another new town, or for the transfer of such functions to such a corporation, may modify the name and constitution of that corporation in such manner as appears to the Secretary of State to be expedient, and for the purposes of this Act that corporation shall be treated as having been established for the purposes of each of those new towns. 4 Before making an order under this section providing for the transfer of functions from or to a development corporation or for the exercise of any functions by such a corporation, the Secretary of State shall consult with that corporation. Planning control in new towns Planning control in new town. 6 1 The development corporation established for the purposes of a new town shall from time to time submit to the Secretary of State, in accordance with any directions given by him in that behalf, their proposals for the development of land within the area of the new town, and the Secretary of State, after consultation with the . . . district planning authority within whose district the land is situated, and with any other local authority who appear to him to be concerned, may approve any such proposals either with or without modification. 2 Without prejudice to the generality of the powers conferred by section 11 of the Town and Country Planning (Scotland) Act 1947, a special development order made by the Secretary of State under that section with respect to the area of a new town may grant permission for any development of land in accordance with proposals approved under subsection (1) above, subject to such conditions, if any (including conditions requiring details of any proposed development to be submitted to the local planning authority), as may be specified in the order. 3 It shall be the duty of the Secretary of State to give to a development corporation established under this Act such directions with respect to the disposal of land acquired by them thereunder and with respect to the development by them of such land, as appear to him to be necessary or expedient for securing, so far as practicable, the preservation of any features of special architectural or historic interest, and in particular of buildings included in any list compiled or approved under section 28 of the Town and Country Planning (Scotland) Act 1947 (which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historical interest). 4 In the case of land which forms a frontage to a road, or abuts on or is adjacent to a road, a roads authority may enter into an agreement with any owner of the land imposing on the land, so far as that owner’s interest in the land enables him to bind it, restrictions for controlling the development of the land. 5 Any agreement under subsection (4) above may, within three months after the date on which it was entered into be registered in the Land Register of Scotland or, as the case may , be recorded in the Register of Sasines, and on being so registered or recorded shall be enforceable by the roads authority against the said owner and against any person deriving title from him. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acquisition of land by development corporations and highway authorities Acquisition of land by development corporation. 7 1 The development corporation established for the purposes of a new town may, with the consent of the Secretary of State, acquire by agreement, or may, by means of an order made by the corporation and submitted to and confirmed by the Secretary of State in accordance with the provisions of Part I of Schedule 3 to this Act, be authorised to acquire compulsorily— a any land within the area of the new town, whether or not it is proposed to develop that particular land; b any land adjacent to that area which they require for purposes connected with the development of the new town; c any land, whether adjacent to that area or not, which they require for the provision of services for the purposes of the new town. 2 A compulsory purchase order under this section shall, in so far as it relates to land— a which is the property of a local authority, or which is held inalienably by the National Trust, or b which forms part of a common or open space, be subject to the special provisions of Part IV of the said Schedule 3. 3 Where a development corporation have been authorised under subsection (1) above to acquire compulsorily land forming part of a common or open space, they may be authorised under that subsection to acquire compulsorily, or may, with the consent of the Secretary of State, acquire by agreement, land for giving in exchange for the land acquired. 4 The provisions of Part V of the said Schedule 3 shall have effect with respect to the validity and date of operation of compulsory purchase orders under this section. 5 In relation to operational land of statutory undertakers the foregoing provisions of this section shall have effect subject to section 10 of this Act. Acquisition of land for highways in connection with new towns. 8 1 Where the Secretary of State is satisfied that the construction or improvement of a road is needed— a outside the area of a new town, for the purpose of securing the development of land in that area in accordance with proposals approved by the Secretary of State under section 6 of this Act, or b for the purpose of providing proper means of access to such an area, a local roads authority may be authorised, by means of an order made by the authority and submitted to and confirmed by the Secretary of State in accordance with the provisions of Parts I and II of Schedule 3 to this Act, to acquire compulsorily any land as to which the Secretary of State is satisfied that its acquisition by the authority is requisite— i for the construction or improvement of the road, or ii for carrying out the improvement, or controlling the development, of frontages to the road or of lands abutting on or adjacent to the road. 2 Where the Secretary of State is satisfied that the construction or improvement of a road is needed to supersede a part of a a road for which he is the roads authority whose supersession appears to him to be expedient for any such purpose as is mentioned in subsection (1)(a) or (b) above, he may be authorised, by means of an order made by him in accordance with the provisions of Part III of Schedule 3 to this Act, to acquire compulsorily any land as to which he is satisfied that its acquisition by him is requisite— a for the construction or improvement of the road, or b for carrying out the improvement, or controlling the development, of frontages to the road or of lands abutting on or adjacent to the road. 3 A compulsory purchase order under this section shall, in so far as it relates to land— a which is the property of a local authority or which is held inalienably by the National Trust, or b which forms part of a common or open space, be subject to the special provisions of Part IV of the said Schedule 3. 4 Where an acquiring authority have been authorised under subsection (1) or subsection (2) above to acquire compulsorily land forming part of a common or open space, that authority may be authorised under the same subsection to acquire compulsorily land for giving in exchange for the land acquired. 5 The provisions of Part V of Schedule 3 to this Act shall have effect with respect to the validity and date of operation of compulsory purchase orders under this section. 6 A local roads authority may, with the consent of the Secretary of State, acquire by agreement any land which they could be authorised under subsection (1) above to acquire compulsorily. 7 In relation to operational land of statutory undertakers the foregoing provisions of this section shall have effect subject to section 10 of this Act. Recording of compulsory purchase orders. 9 As soon as may be after a compulsory purchase order under section 7 or 8 of this Act becomes operative, the acquiring authority shall register it in the Land Register of Scotland or as the case may be record it in the Register of Sasines. Special procedure for acquisition of statutory undertakers’ operational land. 10 1 In the case of operational land of statutory undertakers— a an order under section 7(1) of this Act authorising the compulsory acquisition of that land by a development corporation, or an order under section 8(1) of this Act authorising its compulsory acquisition by a local roads authority, may, instead of being made and confirmed as provided in the said section 7(1) or 8(1), as the case may be, be made by the Secretary of State and the appropriate Minister in accordance with the provisions of Part I of Schedule 4 to this Act on the application of that development corporation or local roads authority; b an order under section 8(2) of this Act authorising the compulsory acquisition of that land by the Secretary of State may, instead of being made as provided in the said section 8(2), be made by the Secretary of State and the appropriate Minister in accordance with the provisions of Part II of the said Schedule 4; and in relation to a compulsory purchase order made as provided in paragraph (a) or (b) above the provisions of Parts IV and V of Schedule 3 to this Act shall apply accordingly subject, in the case of the said Part V, to the modifications set out in Part III of Schedule 4 to this Act. 2 If any objection to an application for a compulsory purchase order to be made in accordance with subsection (1)(a) above, or to a proposal to make such an order in accordance with subsection (1)(b) above, is duly made by any statutory undertakers, and any of the land to which the application or proposal relates is operational land of those undertakers, then, unless that objection is withdrawn, any order made on the application or proposal shall be subject to special parliamentary procedure. 3 Where a compulsory purchase order under section 7 or 8 of this Act, not being an order made as provided in subsection (1)(a) or (b) above, is submitted, or is proposed to be made, in accordance with Schedule 3 to this Act, and with respect to any land (being the whole or part of the land to which the order relates) statutory undertakers make to the appropriate Minister, in the prescribed manner and within the time within which objections to the order may be made— a a representation that the first-mentioned land is operational land, and b a request for that land to be excluded from the order, and it is determined that that land is operational land, then, subject to the following provisions of this section— i if that land constitutes the whole of the land to which the order relates, the order shall not be confirmed or not be made, as the case may be, and ii if that land forms part only of the land to which the order relates, the order shall be modified so as to exclude that land. 4 Where it is proposed to make an order under section 1 of this Act, any statutory undertakers may, with respect to any land within the area to be designated by the order as the site of the proposed new town, make to the appropriate Minister, in the prescribed form and within the time allowed for making objections to the order, a representation that that land is operational land. 5 Where a representation is made under subsection (4) above with respect to any land, the Secretary of State and the appropriate Minister may make an order, which shall be subject to special parliamentary procedure, declaring that it is expedient that that land should be subject to compulsory acquisition. 6 Where, in the case of a compulsory purchase order under section 7 of this Act, any land to which the order relates is within the area of a new town and is land in relation to which, apart from this subsection, subsection (3) above would apply, the said subsection (3) shall not apply in relation to that land— a if no representation was made under subsection (4) above with respect thereto, or b if an order under subsection (5) above has come into force with respect thereto. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Application of Lands Clauses Acts etc. and modification of Land Compensation (Scotland) Act 1963, for purposes of this Act. 12 1 The Lands Clauses Acts and section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 are hereby incorporated with this Act subject to any necessary adaptations and to the provisions of Part I of Schedule 6 to this Act. 2 The Land Compensation (Scotland) Act 1963 shall, in its application for the purposes of this Act, have effect subject to any necessary adaptations and to the provisions of Part II of Schedule 6 to this Act. 3 A compulsory purchase order may make provision for the incorporation with this Act of section 70 of the Railways Clauses Consolidation (Scotland) Act 1845 (which relates to the exception of minerals from purchases) and sections 71 to 78 of that Act (which relate to restrictions on the working of minerals) as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923, or of the said section 70 only. Such provision may be made as to all or any of the land to which the compulsory purchase order relates, and may include such modification of references in the said sections to the railway or works, or to the company, as may be specified in the order; and for the purposes of any such incorporation of those sections, this Act and the compulsory purchase order shall be deemed to be the special Act. Measure of compensation for acquisition of statutory undertakers’ operational land. 13 1 Where statutory undertakers are entitled to compensation in respect of a compulsory acquisition under this Act of operational land, the provisions of Schedule 5 to this Act shall have effect as regards the assessment of the amount of that compensation. 2 In this section “ compensation in respect of a compulsory acquisition ” includes compensation payable in connection with the acquisition for damage sustained by reason of the severing of the land acquired from other land held therewith or otherwise injuriously affecting such other land, and compensation payable for disturbance or any other matter not directly based on the value of the land. Extinguishment of rights over land compulsorily acquired. 14 1 Subject to the provisions of this section, upon the completion by the acquiring authority of a compulsory acquisition of land under this Act, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land and all other rights or servitudes in or relating to that land shall be extinguished, and any such apparatus shall vest in the acquiring authority. 2 Subsection (1) above shall not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking or to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network or to any electronic communications apparatus kept installed for the purposes of any such network . 3 In respect of any right or apparatus not falling within subsection (2) above, subsection (1) above shall have effect subject— a to any direction given by the acquiring authority before the completion of the acquisition that the said subsection (1) 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 acquiring authority and the person in or to whom the right or apparatus in question is vested or belongs. 4 Any person who suffers loss by the extinguishment of a right or servitude or the vesting of any apparatus under this section shall be entitled to compensation from the acquiring authority. 5 Any compensation payable under this section shall be determined in accordance with the Land Compensation (Scotland) Act 1963. Expedited completion of compulsory acquisition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Disposal of land by development corporations Disposal of land by development corporation. 18 1 Subject to this section and to any directions given by the Secretary of State under this Act, the development corporation established for the purposes of a new town may dispose of any land acquired by them (whether or not, in the case of land within the area of the new town, the development of that particular land has been proposed or approved under section 6(1) of this Act) to such persons, in such manner, and subject to such covenants or conditions, as they consider expedient for securing the development of the new town in accordance with proposals approved by the Secretary of State under the said section 6(1), or for purposes connected with the development of the new town. 2 The powers of a development corporation with respect to the disposal of land acquired by them under this Act shall be so exercised as to secure, so far as practicable, that persons who were living or carrying on business or other activities on land so acquired shall, if they desire to obtain accommodation on land belonging to the corporation, and are willing to comply with any requirements of the corporation as to its development and use, have an opportunity to obtain thereon accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them: Provided that a development corporation shall not have any duty to afford to a person who was carrying on a business of selling alcohol by retail on land acquired by them an opportunity of obtaining alternative accommodation for such a business. 3 Where land is disposed of under this section by a development corporation to any person for the erection of a church or other building for religious worship or buildings ancillary thereto, then, unless the parties otherwise agree, such disposal shall be by way of feu. 4 Nothing in this Act shall be construed as enabling a development corporation to dispose of land by way of gift or in security, but subject as aforesaid references in this Act to the disposal of land by a development corporation shall be construed as references to the disposal thereof by way of sale feu, excambion or lease, by the creation of any servitude, right or privilege, or otherwise. 5 Subject to the provisions of subsection (2) of this section, a development corporation shall not, except with the consent of the Secretary of State, dispose of land otherwise than on the best terms that can reasonably be obtained. Power of development corporation to dispose of housing land. 18AA 1 Notwithstanding the provisions of sections 3 and 18 of this Act, a development corporation may sell their whole interest in any land (within or outside the area of the new town) held for housing purposes. 2 A development corporation shall not sell their interest in any land under this section without the consent of the Secretary of State, which may be given— a subject to conditions; b either generally to all development corporations or to a particular development corporation; c in relation either to particular land or to land of a particular description. 3 A development corporation shall not, except with the consent of the Secretary of State, sell their interest in any land under this section otherwise than on the best terms that can be reasonably obtained. Secretary of State’s general power. 18A 1 The Secretary of State may direct a development corporation to pay to him, on the date specified in the direction, such sum as is so specified, and any sum so received by him shall, subject to section 18C(2) below, be paid into the Consolidated Fund. 2 Before giving a direction under this section the Secretary of State shall consult the corporation. 3 The debt shall carry interest at the rate for the time being in force under section 40 of the Land Compensation (Scotland) Act 1963 from the date specified in the direction until payment. Disposal of land to comply with direction under s. 18A. 18B 1 Where, in order to comply with a direction under section 18A above, the corporation considers it desirable to dispose of any land, it may do so by virtue of this section. 2 The power of disposal by virtue of this section may be exercised notwithstanding anything in this Act but must be exercised in accordance with subsections (3) and (4) below. 3 The power shall not be exercised so as to dispose of land by way of standard security or charge. 4 In exercising the power a corporation shall comply with such directions as the Secretary of State may give to it— a for restricting the exercise of the power; or b for requiring the power to be exercised in any manner specified in the directions. 5 Before giving a direction under subsection (4) above the Secretary of State shall consult the corporation unless he is satisfied that because of urgency consultation is impracticable. 6 Where a corporation purports to dispose of land by virtue of this section, then— a in favour of a person claiming under the corporation, the disposal so purporting to be made shall not be invalid by reason that any direction of the Secretary of State given under this section has not been complied with; and b a person dealing with or claiming under the corporation shall not be concerned to see or enquire whether any direction has been given or complied with. 7 References in this section to disposing of land include references to granting an interest in or over land. Payments under s. 18A treated as repayments. 18C 1 The whole or part of any payment made to the Secretary of State under section 18A above shall, if the Secretary of State with the Treasury’s approval so determines, be treated— a as made by way of repayment of such part of the principal of advances under section 37(1) of this Act, and b as made in respect of the repayments due at such times, as may be so determined. 2 Any sum treated under subsection (1) as a repayment of a loan shall be paid by the Secretary of State into the National Loans Fund. Powers exercisable in relation to land acquired by development corporations or highway authorities Power to override servitudes and other rights. 19 1 The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired by a development corporation or local roads authority for the purposes of this Act, whether done by the corporation or authority or by any other person, is authorised by virtue of this section if it is done in accordance with planning permission, notwithstanding that it involves interference with an interest or right to which this section applies, or involves a breach of a restriction as to the use of land arising by virtue of any deed or contract: Provided that nothing in this subsection shall authorise interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking or a right conferred by or in accordance with the electronic communications code on the operator an electronic communications code network . 2 This section applies to the following interests and rights, that is to say, any servitude, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support. 3 In respect of any interference or breach in pursuance of subsection (1) above, compensation shall be payable under section 61 of the Lands Clauses Consolidation (Scotland) Act 1845 or section 6 of the Railways Clauses Consolidation (Scotland) Act 1845, to 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 an acquisition by a development corporation or local roads authority or the injury arises from the execution of works on land acquired by such a corporation or authority. 4 Where a person other than the development corporation or local roads authority by whom the land in question was acquired is liable to pay compensation by virtue of subsection (3) above, and fails to discharge that liability, the liability shall be enforceable against that corporation or authority: Provided that nothing in this subsection shall be construed as affecting any agreement between that corporation or authority and any other person for indemnifying the corporation or authority against any liability under this subsection. 5 Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than such an interference or breach as is mentioned in subsection (1) above. 6 Nothing in this section shall be construed as authorising any act or omission on the part of a development corporation or local roads authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the corporation, authority or body. Use and development of churches and burial grounds. 20 1 Any land consisting of a church or other building used or formerly used for religious worship, or the site thereof, or a burial ground or part of a burial ground, which has been acquired for the purposes of this Act by a development corporation or roads authority , may— a in the case of land acquired by a development corporation or local roads authority, be used by them, or by any other person, in any manner in accordance with planning permission, and b in the case of land acquired by the Secretary of State, be used in any manner by him or on his behalf for any purpose for which he acquired the land, notwithstanding anything in any enactment relating to churches or such other buildings as aforesaid or to burial grounds or any obligation or restriction imposed under any deed or agreement or otherwise in respect of that church or other building or burial ground or part thereof: Provided that this subsection shall not have effect in respect of any such land as aforesaid until the prescribed requirements with respect to the removal and reinterment of human remains, and the disposal of monuments, in or upon the land have been complied with. 2 Provision shall be made by any regulations made for the purposes of the proviso to subsection (1) above— a for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment 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 reinterment 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, reinterment and disposal, not exceeding such amount as may be prescribed; c for requiring compliance with any directions given in any case by the Secretary of State, after consultation with the church authorities in the case of a church or churchyard, with respect to the manner of removal, and the place and manner of reinterment of any human remains, and the disposal of any monuments; and d with regard to such incidental and consequential matters (including the closing of registers) as appear to the Secretary of State to be expedient for the purposes of the regulations. 3 Subject to the provisions of any such regulations, no authority shall be required for the removal and reinterment in accordance with the regulations of any human remains, or for the removal or disposal of any monuments. 4 Any power conferred by this section to use land in a manner therein mentioned shall be construed as a power so to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not. 5 Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than contravention of any such enactment, obligation or restriction as is mentioned in subsection (1) above. 6 Subsection (6) of section 19 of this Act shall apply in relation to this section as it applies in relation to that section. 7 In this section “ 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 and any fixture or furnishing. Use and development of open spaces. 21 1 Any land being, or forming part of, a common or open space, which has been acquired for the purposes of this Act by a development corporation or roads authority , may— a in the case of land acquired by a development corporation or local roads authority, be used by them, or by any other person, in any manner in accordance with planning permission, and b in the case of land acquired by the Secretary of State, be used in any manner by him or on his behalf for any purpose for which he acquired the land, notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated. 2 Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than contravention of any such enactment as is mentioned in subsection (1) above. 3 Subsection (6) of section 19 and subsection (4) of section 20 of this Act shall apply in relation to this section as those subsections apply respectively in relation to those sections. Displacement of persons from land acquired. 22 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 If the Secretary of State certifies that possession of a house which has been acquired for the purposes of this Act by a development corporation or local roads authority and is for the time being held by that corporation or authority for the purposes for which it was acquired, is immediately required for those purposes, nothing in Part II of the Rent (Scotland) Act 1971 shall prevent that corporation or authority from obtaining possession of the house. 4 Where any land has been acquired for the purposes of this Act by a development corporation or roads authority , and the acquiring authority require possession of a building on the land, or of part of such a building, for the purposes for which the land was acquired, then at any time after the tenancy of the occupier has expired or has been determined the acquiring authority may serve a notice on the occupier of the building or part of the building requiring him to remove therefrom within 21 days; and, in the event of that period having expired without the notice to remove having been complied with, a certified copy of the notice shall be sufficient warrant for ejection against the occupier or any party in his right. Nothing in this subsection shall affect the operation of section 112 of the Rent (Scotland) Act 1984 (which lays down the minimum length of notice to quit premises let as a dwelling) in cases to which that section applies. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extinguishment of public rights of way over land acquired. 23 1 Where any land— a has been acquired for the purposes of this Act by a development corporation or local roads authority and is for the time being held by that corporation or authority for those purposes, or b has been acquired under this Act by the Secretary of State and is for the time being held for the purposes for which he acquired it, the Secretary of State may by order extinguish any public right of way over the land. 2 Where the Secretary of State proposes to make an order under this section, he shall publish in such manner as appears to him to be requisite a notice— a stating the effect of the order, and b specifying the time (not being less than 28 days from the publication of the notice) within which, and the manner in which, objections to the proposal may be made, and shall serve a like notice— i on the . . . district planning authority in whose district the land is situated and on any other local authority who appear to him to be concerned , and ii on the local roads authority, unless they applied for the order to be made. 3 Where an objection to a proposal to make an order under this section is duly made and is not withdrawn, the provisions of Schedule 8 to this Act shall have effect in relation to the proposal. 4 For the purposes of this section an objection to such a proposal shall not be treated as duly made unless— a it is made within the time and in the manner specified in the notice required by this section, and b a statement in writing of the grounds of the objection is comprised in or submitted with the objection. 5 Where it is proposed to make an order under this section extinguishing a public right of way over a road on land acquired for the purposes of this Act by a development corporation, and compensation in respect of restrictions imposed under section 1 or section 2 of the Restriction of Ribbon Development Act 1935 in respect of that road has been paid by the road authority (or, in the case of a trunk road, by the authority who, when the compensation was paid, were the authority for the purposes of section 4 of the Trunk Roads Act 1936), the order may provide for the payment by the development corporation to that authority, in respect of the compensation so paid, of such sums as the Secretary of State, with the consent of the Treasury, may determine. 6 Where the Secretary of State is satisfied that the construction or improvement of a road is or will be needed in consequence of the extinguishment under this section of a public right of way, section 8 of this Act shall apply as it applies where the Secretary of State is satisfied that the construction or improvement of a road is needed as mentioned in subsection (1) of that section. Provisions as to telegraphic lines. 24 1 Where an order under section 23 of this Act extinguishing a public right of way is made on the application of a development corporation or local roads authority, and at the time of the publication of the notice required by subsection (2) of that section any electronic communications apparatus was kept installed for the purposes of an electronic communications code network under, in, on, over, along or across the land over which the right of way subsisted— a the power of the operator of the system to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished, and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the system has given notice to the corporation or authority of his intention to remove the apparatus or that part of it, as the case may be; b the operator of the system may by notice given in that behalf to the corporation or authority not later than the end of the said period of three months abandon the electronic communications apparatus or any part of it; c subject to paragraph (b) above, the operator of the system shall be deemed at the end of that period to have abandoned any part of the apparatus which he has then neither removed nor given notice of his intention to remove; d the operator of the system shall be entitled to recover from the corporation or authority the expense of providing, in substitution for the apparatus and any other electronic communications apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any electronic communications apparatus in such other place as the operator may require; e where under the foregoing provisions of this subsection the operator of the system has abandoned the whole or any part of any electronic communications apparatus , that apparatus or that part of it shall vest in the corporation or authority and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network . 2 Where the Secretary of State makes an order under section 23 of this Act in relation to a right of way in circumstances in which subsection (1) of this section applies in relation to the operator of an electronic communications code network , the Secretary of State shall send a copy of the order to the operator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Statutory undertakers Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers. 26 1 This section applies to land— a which has been acquired for the purposes of this Act by a development corporation or local roads authority and is for the time being held by that corporation or authority for those purposes, or b which has been acquired under this Act by the Secretary of State and is for the time being held for the purposes for which he acquired it. 2 Where, in the case of any land to which this section applies— 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 the 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, the acquiring authority may serve on the statutory undertakers a notice stating that, at the end of such period as may be specified in the notice, the right will be extinguished, or requiring that, before the end of such period as may be so specified, the apparatus shall be removed. 3 The statutory undertakers on whom a notice is served under subsection (2) above may, before the end of the period of 28 days from the service of the notice, serve a counter-notice on the acquiring authority stating that they object to all or any of the provisions of the notice, and specifying the grounds of their objection. 4 If no counter-notice is served under subsection (3) above— a any right to which the notice relates shall be extinguished at the end of the period specified in that behalf 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 acquiring authority may remove the apparatus and dispose of it in any way the authority may think fit. 5 If a counter-notice is served under subsection (3) above on a development corporation or local roads authority, the corporation or authority may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this section embodying the provisions of the notice, with or without modification; and if such an application is made, the Secretary of State and the appropriate Minister may make an order under this section accordingly. 6 If a counter-notice is served under subsection (3) above on the Secretary of State, he may withdraw the notice (without prejudice to the service of a further notice) or he and the appropriate Minister may make an order under this section embodying the provisions of the notice, with or without modification. 7 Where, by virtue of this section, any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the acquiring authority at whose instance the right was extinguished or the requirement imposed; and the provisions of Schedule 5 to this Act shall have effect as regards the assessment of the amount of that compensation. 8 Except in a case in which section 24 above has effect— a the reference in paragraph (a) of subsection (2) above to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network ; and b the reference in paragraph (b) of that subsection to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to electronic communications apparatus kept installed for the purposes of any such network ; and for the purposes of this subsection, in this section (except in the said paragraphs (a) and (b)) and in Schedule 5 to this Act and section 27 below, references to statutory undertakers shall have effect as references to the operator of any such network , references, in relation to such an operator, to the carrying on of his undertaking shall have effect as references to the provision of the electronic communications code network in question and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry. Orders under s. 26. 27 1 Where the Secretary of State and the appropriate Minister propose to make an order under section 26(6) of this Act, they shall prepare a draft of the order. 2 Before making an order under section 26(5) or (6) of this Act, the Ministers proposing to make the order— a shall afford to the statutory undertakers on whom notice was served under subsection (2) of that section an opportunity of objecting to the application for, or proposal to make, the order, and b if any objection is made, shall cause an inquiry to be held, and may then, if they think fit, make the order in accordance with the application or in accordance with the draft order, as the case may be, either with or without modification. 3 Where an objection to an order under the said section 26 is duly made and is not withdrawn before the making of the order, the order shall be subject to special parliamentary procedure. 4 Subject to subsection (3) above, where an order is made under section 26 of this Act— 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 acquiring authority may remove the apparatus and dispose of it in any way the authority may think fit. Extension or modification of functions of statutory undertakers. 28 1 The powers conferred by this section shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of those undertakers should be extended or modified, in order— a to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for the purposes of a new town under this Act, or b to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in subsection (2) below. 2 The said acts and events are— a the acquisition under this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking; b the extinguishment of a right or the imposition of any requirement by virtue of section 26 of this Act. 3 The powers conferred by this section shall also be exercisable where, on a representation made by a development corporation, it appears to the Secretary of State and the appropriate Minister to be expedient that the powers and duties of statutory undertakers should be extended or modified, in order to secure the provision of new services, or the extension of existing services, for the purposes of a new town under this Act. 4 Where the powers conferred by this section are exercisable, the Secretary of State and the appropriate Minister may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order to secure the provision of the services in question, as mentioned in subsection (1)(a) or (3) above, or to facilitate the adjustment in question, as mentioned in subsection (1)(b) above, as the case may be. 5 Without prejudice to the generality of subsection (4) above, an order under this section may make provision— a for empowering the statutory undertakers to acquire (whether compulsorily or by agreement) any land specified in the order, and to erect or construct any building or works so specified; b for applying, in relation to the acquisition of any such land or the construction of any such works, enactments relating to the acquisition of land and the construction of works; c where it has been represented that the making of the order is expedient for the purposes mentioned in subsection (1)(a) or (3) above, for giving effect to such financial arrangements between the development corporation and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order; d for such incidental and supplemental matters (including the amendment or repeal of any provision in any local enactment) as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order. Procedure in relation to orders under s. 28. 29 1 As soon as may be after making such a representation as is mentioned in section 28(1) or (3) of this Act— a the statutory undertakers, in a case falling within subsection (1) of that section, or b the development corporation, in a case falling within subsection (3) thereof, shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time (not being less than 28 days) within which, and the manner in which, objection to the making of an order on the representation may be made, and shall serve a like notice on any persons appearing from the valuation roll to have an interest in any land to which the representation relates, and shall also, if it is so directed by the Secretary of State and the appropriate Minister, serve a like notice on such other persons, or persons of such classes, as may be so directed. 2 Orders under the said section 28 shall be subject to special parliamentary procedure. Relief of statutory undertakers from obligations rendered impracticable. 30 1 Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligation incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this subsection applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order. 2 Subsection (1) above applies to the following acts and events, that is to say— a the compulsory acquisition under this Act of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking; b the extinguishment of a right or the imposition of any requirement by virtue of section 26 of this Act. 3 As soon as may be after making a representation to the appropriate Minister under subsection (1) above, the statutory undertakers shall, as may be directed by the appropriate Minister, either— a publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time (not being less than 28 days) within which, and the manner in which, objections to the making of an order on the representation may be made, or b serve such a notice on such persons, or persons of such classes, as may be so directed, or c both publish and serve such notices. 4 If any objection to the making of an order under this section is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure. 5 As soon as may be after an order has been made under this section the appropriate Minister shall publish in such form and manner as he thinks fit a notice stating that the order has been made. 6 The provisions of Part V of Schedule 3 to this Act as to the validity and date of operation of compulsory purchase orders shall have effect in relation to an order under this section with the substitution for references to a compulsory purchase order and to publication in accordance with the provisions of that Schedule in that behalf of references to an order under this section and to publication in accordance with subsection (5) above. Objections to orders under ss. 28 and 30. 31 1 For the purposes of sections 28 and 30 of this Act an