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PART IICommission for The New Towns and Transfers From and Dissolution of Development Corporations

Commission for the New Towns

35Establishment of Commission

(1)The body corporate established by the name of the Commission for the New Towns (in this Act referred to as the Commission) continues in being.

(2)In relation to the Commission—

(a)it is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown, and

(b)its property is not to be regarded as property of, or held on behalf of, the Crown,

and nothing in this Act, except the express provision relating to stamp duty in section 72(1), shall be construed as exempting the Commission from liability to any tax, duty, rate, levy or other charge whatsoever, whether local or general.

(3)Part V of the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (which provides for the making to service men of payments to make up their civil remuneration) has effect as if in Part I of Schedule 2 to that Act the capacities specified in the first column included that of employee of the Commission, and the Commission were specified as respects that capacity in the second column.

(4)Schedule 9 to this Act has effect with respect to—

(a)the constitution and proceedings of the Commission, and

(b)other matters relating to the Commission and its members.

36Functions of Commission

(1)The Commission is incorporated for the purpose of taking over, holding, managing and turning to account the property previously vested in the development corporation for a new town and transferred to the Commission by an order under the following provisions of this Act.

(2)It is the Commission's general duty to maintain and enhance the value of the land held by them and the return obtained by them from it, but in discharging their functions in relation to any town the Commission shall have regard to the purpose for which the town was developed under this Act and to the convenience and welfare of persons residing, working or carrying on business there.

(3)Subject to the provisions of this Act and to any direction given to them by the Secretary of State under section 37 below, the Commission has power, with a view to the better fulfilment of the purpose mentioned in subsection (1) above by the improvement of any of their towns, or to the convenience or welfare of persons residing, working or carrying on business there—

(a)to acquire (otherwise than by transfer under this Act), hold, manage and turn to account land situated in or near the town, or any interest in or rights over such land;

(b)with the approval of the Secretary of State given with the concurrence of the Treasury, to make contributions towards the cost of providing amenities for the town, or of providing for it water supplies or sewerage or sewage disposal services;

(c)to promote or assist by any means, and in particular by making advances towards the cost of purchasing land, or of erecting, extending, improving or adapting buildings or works, the setting up or extension of businesses in the town ;

(d)to dispose of any property for such purposes and in such manner as they think fit.

(4)A transaction between a person and the Commission shall not be invalidated by reason of any non-compliance by the Commission with subsection (2) above; nor shall any such transaction be invalidated by reason of any non-compliance by the Commission with the requirement of subsection (3) above that they shall exercise the powers conferred by that subsection with the view there mentioned.

(5)References in this section to disposing of property shall be construed as including references to granting any interest in or rights over it.

37Restrictions on functions of Commission

(1)The Commission does not have power to borrow money except in accordance with sections 58 to 60 below.

(2)The Commission in discharging their functions shall comply with such directions as may be given to them by the Secretary of State, but in giving any such direction he shall have regard to the provisions of section 36(2) above.

(3)The Commission shall not without the authority given generally or specially of the Secretary of State—

(a)transfer the freehold in any land, or grant a lease of any land for a term of more than 99 years, except in the case of a private dwelling and in pursuance of an agreement to make the transfer or grant to the person, occupying or proposing to occupy it as his residence; or

(b)develop any land, except in accordance with proposals submitted to the Secretory of State and approved by him.

(4)The Commission shall not have power to dispose by way of gift, mortgage or charge of any land or, except as provided by section 36(3)(b), of any other property.

(5)A transaction between a person and the Commission shall not be invalidated by reason of any failure by the Commission to comply with directions given by the Secretary of State under subsection (2) above, and such a person shall not be concerned to see or enquire whether a direction under that subsection has been given or complied with.

(6)Where the Commission purports to dispose of land by virtue of section 36, then—

(a)in favour of any person claiming under the Commission, the disposal so purporting to be made shall not be invalid by reason that any authority which is required under subsection (3)(a) had not been given ; and

(b)a person dealing with the Commission or a person claiming under the Commission shall not be concerned to see or enquire whether any such authority has been given.

(7)References in this section to disposing of land, or of property, shall be construed as including references to granting any interest in or rights over it.

38Local authorities and work for Commission

(1)The council of a county or district in which the whole or any part of the area of a new town is situated may, at the request of the Commission and for such consideration and on such other terms and conditions as may be agreed between the council and the Commission—

(a)do for the Commission any building or other work on land (including land outside the county or district), being work undertaken for the purposes of the Commission's functions in relation to the new town, or any work preliminary to or connected with any such work on land as mentioned above ; or

(b)allow the Commission to have for the purpose of any such work as mentioned above the services of officers or servants of the council or the use of premises or equipment of the council.

(2)This section applies in relation to a joint board discharging functions of any such council as mentioned above as it applies in relation to the council.