New Towns Act 1981

3 (1) Subject to the following provisions of this Schedule, on the transfer date this Act and any other enactment relating to areas designated under section 1 above as the site of a new town shall cease to apply to the town as an area so designated, except for the purpose of any functions remaining to the development corporation by virtue of paragraph 2 above; and nothing in paragraph 1 above shall be construed as conferring on the [F1 relevant transferee] any rights, liabilities or obligations of a development corporation under any enactment. E+W

(2) Sub-paragraph (1) above shall not affect the operation of paragraph 1 above or of any other enactment in relation to things done by or to a development corporation before the transfer date or in relation to matters arising out of things so done; but no order shall be made under any enactment on or after the transfer date by virtue of this sub-paragraph.

(3) Without prejudice to the generality of sub-paragraph (2) above—

(a) any permission for development in the new town granted by an order made, or having effect as if made, under [F2 section 59 of the Town and Country Planning Act 1990] and in force on the transfer date shall continue in force as if references in the order to the development corporation included the [F3 relevant transferee];

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(c) [F5 where, in the case of a development corporation established by the Secretary of State, the] corporation were making contributions under section 4(4)(a) above to expenditure of a local authority or statutory undertakers, or had obtained the Secretary of State’s consent to making such contributions, the [F6 Homes and Communities Agency] shall have power to make or continue to make those contributions, whether or not the development corporation had undertaken any obligation to do so;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(4) Section 11 above and, so far as they have effect for the purposes of that section 11, the other provisions of this Act shall, notwithstanding anything in sub-paragraph (1) above, continue to have effect in relation to the town for such period (if any) as may be specified in the order under section 41 above relating to the town; and that order may provide that any other enactment applying in relation to the town immediately before the transfer date shall continue to apply, subject or not to any modifications specified in the order.

(5) Where an enactment ceases to apply in relation to the town by virtue of this Schedule, section 16(1) of the M1 Interpretation Act 1978 (which relates to the effect of repeals), shall have effect as it has effect on the repeal of one Act by another.

Textual Amendments

F1 Words in Sch. 10 para. 3(1) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 31(5)(a); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F2 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 51(4)

F3 Words in Sch. 10 para. 3(3)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 31(5)(b); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F4 Sch. 10 para. 3(3)(b) repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)

F5 Words in Sch. 10 para. 3(3)(c) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 31(5)(c)(i); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F6 Words in Sch. 10 para. 3(3)(c) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 31(5)(c)(ii); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F7 Sch. 10 para. 3(3)(d) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

Marginal Citations

M1 1978 c. 30.