New Towns Act 1981

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.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

s. 36 heading words substituted by 2008 c. 17 Sch. 5 para. 5(2)
s. 36(1) (1A) substituted for s. 36(1) by 2008 c. 17 Sch. 5 para. 5(3)
s. 36(3) repealed by 2008 c. 17 Sch. 5 para. 5(4) Sch. 16
s. 36(3A) repealed by 2008 c. 17 Sch. 5 para. 5(4) Sch. 16
s. 36(4) words repealed by 2008 c. 17 Sch. 5 para. 5(5)(b) Sch. 16
s. 36(4) words substituted by 2008 c. 17 Sch. 5 para. 5(5)(a)
s. 36(4A)(a) words substituted by 2008 c. 17 Sch. 5 para. 5(6)

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

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Blanket amendment words substituted by S.I. 2011/1043 art. 3 4

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

s. 41A inserted by 2008 c. 17 Sch. 5 para. 9

Commencement Orders yet to be applied to the New Towns Act 1981:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/1900 art. 2(1) Sch. 1 commences (2003 c. 21)
S.I. 2003/3142 art. 3(2) commences (2003 c. 21)
S.I. 2004/2304 art. 2 commences (2004 c. 21)
S.I. 2004/2917 art. 2 commences (2004 c. 21)
S.I. 2005/3056 art. 2(2) commences (2003 c. 17)
S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
S.I. 2009/803 art. 1(2) 3(1) commences (2008 c. 17)
S.I. 2010/862 art. 3 commences (2008 c. 17)
S.I. 2011/2329 art. 3 commences (2011 c. 5)
2006 No. 2 Instrument made by Archbishops commences (2006 No. 1)

36 Functions of Commission.E+W

[F1(1)The purposes for which the Commission exists are—

(a)to take over and, with a view to its eventual disposal, to hold, manage and turn to account

[F2(i)the property of development corporations transferred to the Commission under this Act, and

(ii)the property of urban development corporations transferred to the Commission by order under section 165B of the Local Government, Planning and Land Act 1980,]

and

(b)as soon as it considers it expedient to do so, to dispose of property so transferred and any other property held by it,

due regard being had to the considerations specified in sub-section (2) below.

(2)Those considerations, in relation to any new town [F3or urban development area], are—

(a)the convenience and welfare of persons residing, working or carrying on business there, and

(b)until disposal, the maintenance and enhancement of the value of the land held and the return obtained from it.]

(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 [F4any of the purposes] mentioned in subsection (1) above [F5, so far as it relates to property of development corporations,] 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6, to make contributions towards the cost of providing amenities for the town, or of providing for it

[F7(i)roads;

(ii)water supplies;

(iii)gas or electricity services; or

(iv)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 building or works, the setting up or extension of businesses in the town;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

[F9(3A)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 any of the purposes mentioned in subsection (1) above, so far as it relates to property of urban development corporations,—

(a)to acquire, hold, manage and turn to account any land or other property, including any interest in or rights over land; and

(b)to make contributions towards the cost of providing—

(i)roads;

(ii)water supplies;

(iii)gas or electricity services; or

(iv)sewerage or sewage disposal services.]

(4)A transaction between a person and the Commission shall not be invalidated by reason of any non-compliance by the Commission with [F10the obligation to have regard to the considerations specified in 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) [F11or (3A)]above that they shall exercise the powers conferred by that subsection with the view there mentioned.

[F12(4A)In this section “urban development area” means land which is or was, or is or was part of, an urban development area (within the meaning of Part XVI of the Local Government, Planning and Land Act 1980) and—

(a)any reference to property transferred to the Commission by order under section 165B of that Act includes a reference to rights and liabilities so transferred; and

(b)in relation to liabilities so transferred, any reference to disposal includes a reference to extinguishment.]

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 36(1)(2) substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 1(2)

F2S. 36(1)(a)(i)(ii) substituted for words in s. 36(1)(a) (1.4.1998) by S.I. 1998/85, art. 3(1)

F3Words in s. 36(2) inserted (1.4.1998) by S.I. 1998/85, art. 3(2)

F4Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 1(3)

F5Words in s. 36(3) inserted (1.4.1998) by S.I. 1998/85, art. 3(3)

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

F7Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 1(3)(a)

F8S. 36(3)(d repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123: 3, 4), ss. 1(3)(b), 14(2), Sch. 4

F9S. 36(3A) inserted (1.4.1998) by S.I. 1998/85, art. 3(4)

F10Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 4

F11Words in s. 36(4) inserted (1.4.1998) by S.I. 1998/85, art. 3(5)