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Town and Country Planning Act 1932

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55Special provisions as to the Surrey County Council Act, 1931

(1)Sections seventy-three to eighty-one and section eighty-three of the Surrey County Council Act, 1931, (in this section referred to as " the Surrey Act"), are hereby repealed:

Provided that the repeal of section eighty of the Surrey Act shall be without prejudice to the provisions of subsection (2) of section fifty-two of this Act.

(2)So much of subsection (1) of section ninety-seven of the Surrey Act as relates to any of the sections repealed by subsection (1) of this section and subsections (2) and (3) of that section ninety-seven are also hereby repealed.

(3)In the Surrey Act (except in section one hundred and seventy-four thereof) references to a town planning scheme or to a town planning scheme made or approved under or in pursuance of the Town Planning Act, 1925, shall be construed as including references to a scheme under this Act, and the words "whether under the " Town Planning Act, 1925, or the section of this Act " of which the marginal note is ' Extension of powers " 'of local authorities to make or adopt town planning " ' schemes' " in paragraph (a) of subsection (6) of section sixty-eight of the Surrey Act are hereby repealed.

(4)In subsection (8) of section ninety-six of the Surrey Act references to a joint committee appointed under section two of the Town Planning Act, 1925, shall be construed as including references to a joint committee appointed under this Act.

(5)The following section shall be substituted for section eighty-two of the Surrey Act:—

(1)A local authority may with the consent " of the Surrey Joint Planning Committee constituted under section ninety-six of this Act delegate " to that committee, with or without restrictions, " any of their powers and duties in connection " with the preparation or adoption of a town " planning scheme, other than the power to " borrow money or levy a rate, and shall pay " any expenses incurred by the said committee " in the exercise of any powers and duties so " delegated.

" (2) (a) Where two or more local authorities " are desirous of acting jointly in the preparation " or adoption of a scheme, they may, with the " consent of the Surrey Joint Planning Committee, " concur in delegating to that committee with or " without restrictions any of their powers and " duties in connection with the preparation or " adoption of a town planning scheme, other than " the power to borrow money or levy a rate. " (b) The expenses incurred by the said committee in the exercise of any powers and duties " delegated under this subsection shall be paid " by the local authorities who have concurred in " the delegation, or some or one of them, as they " may agree, and if any question arises as to the " local authorities or local authority by whom, " or the proportions in which, any such expenses " are to be paid, that question shall be deter" mined by the Minister. " (c) The provisions of section fifty-eight of " the Local Government Act, 1894, with respect " to accounts and audit shall, with any necessary " modifications, apply in relation to the expenses " incurred by the said committee in the exercise " of any powers and duties delegated under this " subsection as though the said committee were " a joint committee of which the local authorities " who have concurred in the delegation were " constituent authorities.

(6)A scheme applying to land in the administrative county of Surrey may, with the consent of the Surrey Joint Planning Committee constituted under the Surrey Act, provide that the said committee or a body consisting of such number of members of the said committee, to be nominated by the said committee for the purpose, as may be specified, in the scheme, shall be the authority responsible for enforcing and carrying into effect all or any of the provisions of the scheme, and where a scheme provides for a body consisting of such persons as aforesaid being the responsible authority for any of the purposes of the scheme it may authorise that body to co-opt additional members, so however that at least three-fourths of the members of that body shall be persons who are members of the said committee.

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