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New Towns Act 1981

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This is the original version (as it was originally enacted).

64Disposal of land to comply with direction under s. 63

(1)Where, in order to comply with a direction under section 63 above, the corporation or Commission considers it desirable to dispose of any land, it may do so by virtue of this section.

(2)The power of disposal by virtue of this section may be exercised notwithstanding anything in this Act (or, in Scotland, the New Towns (Scotland) Act 1968) but must be exercised in accordance with subsections (3) to (5) below.

(3)The power shall not be exercised so as to dispose of land by way of mortgage (or, in Scotland, standard security) or charge.

(4)Without the Secretary of State's consent (given generally or specially), the power shall not be exercised so as to transfer the freehold of land or to grant a lease of land for a term of more than 99 years. In the application of this section to Scotland this subsection has no effect.

(5)In exercising the power a corporation and the Commission shall comply with such directions as the Secretary of State may give to them—

(a)for restricting the exercise of the power ; or

(b)for requiring the power to be exercised in any manner specified in the directions.

(6)Before giving a direction under subsection (5) above the Secretary of State shall consult the corporation or the Commission, as the case may be, unless he is satisfied that because of urgency consultation is impracticable.

(7)Where a corporation or the Commission purports to dispose of land by virtue of this section, then—

(a)in favour of a person claiming under the corporation or Commission, the disposal so purporting to be made shall not be invalid by reason that any consent of the Secretary of State required under this section has not been given or that any direction of his given under this section has not been complied with ; and

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

(8)References in this section to disposing of land include references to granting an interest in or over land.

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