New Towns Act 1981

Changes over time for: Section 77

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Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to New Towns Act 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Section 77:

s. 77(3) word inserted by 2023 c. 55 s. 172(4)
s. 77(3B) word inserted by 2023 c. 55 s. 172(4)
s. 77(3C) word inserted by 2023 c. 55 s. 172(4)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 1A(1) omitted by 2023 c. 55 Sch. 16 para. 7(3)
s. 1A(2) omitted by 2023 c. 55 Sch. 16 para. 7(3)
s. 1A(4) word inserted by 2023 c. 55 Sch. 16 para. 7(4)(b)
s. 1A(4) words substituted by 2023 c. 55 Sch. 16 para. 7(4)(a)
s. 1A(5)(a) words substituted by 2023 c. 55 Sch. 16 para. 7(5)(a)
s. 1ZA 1ZB inserted by 2023 c. 55 s. 172(2)
s. 2(1A) inserted by 2023 c. 55 Sch. 16 para. 8
s. 3(2B)-(2D) inserted by 2023 c. 55 s. 172(3)(c)
s. 3(2ZA)(2ZB) inserted by 2023 c. 55 s. 178(2)(b)
s. 7A 7B inserted by 2023 c. 55 s. 175(2)
s. 60(1A) inserted by 2023 c. 55 s. 179(2)(b)
s. 77(3E) inserted by 2023 c. 55 Sch. 17 para. 1(3)
Sch. 3 para. 10A 10B and cross-heading inserted by 2023 c. 55 s. 175(3)
Sch. 4 para. 5A inserted by 2023 c. 55 s. 190(3)(a)
Sch. 5 para. 5A inserted by 2023 c. 55 s. 190(3)(b)

77 Regulations and orders.E+W

(1)The Secretary of State may make regulations for the purpose of prescribing anything which is authorised or required to be prescribed under this Act.

(2)Regulations under this Act shall be made by statutory instrument, which [F1, subject to subsection (2A),] shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F2(2A)A statutory instrument containing regulations under section 1A(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

(3)The power to make orders under sections 1, 2, [F339] 40 to 42 [F4and 60][F460, 62A and 62B] above F5... is exercisable by statutory instrument, . . . F6

[F7(3ZA)The power of the Secretary of State to make orders under section 3 is also exercisable by statutory instrument.]

[F8(3A)Any provision of this Act conferring a power to make orders (whether exercisable by statutory instrument or otherwise), except section 40, implies a power exercisable in the same manner and subject to the same conditions or limitations, to revoke or amend any instrument made under the power.]

[F9(3B)A statutory instrument containing an order made by the Secretary of State under section 1, 2 or 3 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3C)If a draft of an instrument containing an order of the Secretary of State under section 1, 2 or 3 would, but for this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.]

(4)[F10A statutory instrument that is made by the Welsh Ministers (by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006) under any of the following provisions of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales—]

[F11(a)an order under section 1 where]—

(i)the order is one designating an area as the site of a proposed new town, or one designating an additional area of not less than 500 acres which would extend the area of a new town by not less than 10 per cent., and

(ii)an objection to the order was duly made by F12... [F13the local planning authority] and had not been withdrawn at the time the order was made; or

(b)[F14an order] under section 2 [F1542 or 62B(1)].

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F1Words in s. 77(2) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 16(3)(a), 46(1); S.I. 2017/767, reg. 2(f)

F2S. 77(2A) inserted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 16(3)(b), 46(1); S.I. 2017/767, reg. 2(f)

F3Words inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(1)(a)

F4 “60, 62A and 62B” substituted (E.W.) for “and 60” by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 8(2)

F5Words in s. 77(3) repealed (1.4.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 27, Sch. 16; S.I. 2009/803, arts. 3(1), 10

F6Words repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1)(2), Sch. 3 para. 12(c), Sch. 4

F7S. 77(3ZA) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 169(4)(a), 216(3); S.I. 2016/733, reg. 3(g)

F8S. 77(3A) inserted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 12(2)