New Towns Act 1981

Commission for the New Towns E+W

35 Establishment of Commission. E+W

(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 M1 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 [F1 including the winding-up of the Commission].

Textual Amendments

F1 Words added by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 3

Marginal Citations

M1 1951 c. 65.

36 [F2 Functions of Welsh Ministers] E+W

[F3 [F4 ( 1 ) The Welsh Ministers may—

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

(i) the property of the Commission for the New Towns transferred to them under a scheme made under section 51(1) of the Housing and Regeneration Act 2008;

(ii) the property of development corporations transferred to them under this Act; and

(iii) the property of urban development corporations transferred to them by order under section 165A of the Local Government, Planning and Land Act 1980; and

(b) as soon as they consider it expedient to do so, dispose of property so transferred or any other property arising out of such property.

(1A) In exercising their functions under subsection (1), the Welsh Ministers must have regard to the considerations specified in subsection (2).]

(2) Those considerations, in relation to any new town [F5 or 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.]

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A transaction between a person and the [F8 Welsh Ministers] shall not be invalidated by reason of any non-compliance by the [F8 Welsh Ministers] with [F9 the obligation to have regard to the considerations specified in subsection (2) above] F10 ...

[F11 (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 [F12 Welsh Ministers by order under section 165A] 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

Textual Amendments

F2 S. 36 heading substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(2); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F3 S. 36(1)(2) substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 1(2)

F4 S. 36(1)(1A) substituted for s. 36(1) (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(3); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F5 Words in s. 36(2) inserted (1.4.1998) by S.I. 1998/85, art. 3(2)

F6 S. 36(3) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(4), 16; S.I. 2008/3068, art. 2(1)(v)(2)5, Sch. (with arts. 6-13)

F7 S. 36(3A) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(4), 16; S.I. 2008/3068, art. 2(1)(v)(2)5, Sch. (with arts. 6-13)

F8 Words in s. 36(4) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(5)(a); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F9 Words substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 4

F10 Words in s. 36(4) repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(5)(b), 16; S.I. 2008/3068, art. 2(1)(v)(2)5, Sch. (with arts. 6-13)

F11 S. 36(4A) inserted (1.4.1998) by S.I. 1998/85, art. 3(6)

F12 Words in s. 36(4A)(a) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 5(6); S.I. 2008/3068, art. 2(1)(v)(2) (with arts. 6-13)

F13 S. 36(5) repealed by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(2), Sch. 4

F14 37 Restrictions on functions of Commission. E+W

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Textual Amendments

F14 S. 37 repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 6, Sch. 16; S.I. 2008/3068, arts. 2(1)(v)(2), 5, Sch. (with arts. 6-13)

F15 38 Local authorities and work for Commission. E+W

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Textual Amendments

F15 S. 38 repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 5 para. 6, Sch. 16

16; S.I. 2008/3068, arts. 2(1)(v)(2), 5, Sch. (with arts. 6-13)