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Local Government, Planning and Land Act 1980

Status:

This is the original version (as it was originally enacted).

Miscellaneous

106Further provisions

The further provisions contained in Schedule 21 below (provisions about finance, accounts, records, information, etc. in relation to the Authority) shall have effect.

107Financial provisions

(1)Any expenses of the Secretary of State under this Part of this Act shall be paid out of money provided by Parliament.

(2)Any sum paid to the Secretary of State under this Part of this Act shall except as otherwise expressly provided, be paid into the Consolidated Fund.

108Interpretation: statutory undertakers etc.

(1)In this Part of this Act, unless the context otherwise requires, " statutory undertakers " means—

(a)persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of electricity, gas, hydraulic power or water.

(b)the British Airports Authority, the Civil Aviation Authority, the National Coal Board, the Post Office and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of the 1971 Act, and

(c)any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph,

and " statutory undertaking " shall be construed accordingly.

(2)In this Part of this Act the expression " the appropriate Minister ", and any reference to the Secretary of State and the appropriate Minister—

(a)in relation to any statutory undertakers who are also statutory undertakers for the purposes of any provision of Part XI of the 1971 Act, shall have the same meanings as in the said Part XI, and

(b)in relation to any other statutory undertakers, shall have the meanings given by an order made by the Secretary of State under this subsection.

(3)If, in relation to anything required or authorised to be done under this Part of this Act, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

(4)An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament

109Interpretation: general

In this Part of this Act, unless the context otherwise requires, the following expressions have the following meanings: —

  • " agriculture " has the meaning assigned to it by section 290 of the 1971 Act;

  • " the Authority " means the Land Authority for Wales;

  • " common " includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

  • " development" has the meaning assigned to it by section 22 of the 1971 Act and cognate expressions shall be construed accordingly;

  • " disposing " includes disposing by sale, exchange or lease and, in the case of a lease, by grant or assignment, and cognate expressions shall be construed accordingly;

  • " fuel or field garden allotment" means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

  • " land" means any corporeal hereditatment, including a building and includes an interest in or right over land;

  • " lease " includes an underlease or sublease and an agreement for a lease, underlease or sublease, but does not include an option to take a lease or a mortgage ;

  • " the 1946 Act" means the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946;

  • " the 1971 Act" means the [1971 c. 78.] Town and Country Planning Act 1971;

  • " the 1975 Act" means the [1975 c. 77.] Community Land Act 1975;

  • " open space " means any land laid out as a public garden or used for the purposes of public recreation, or land which is a disused burial ground.

110Supplementary

The supplementary provisions (including savings and transitional provisions) in Schedule 22 below shall have effect

111Extent

This Part of this Act (except paragraph 15 of Schedule 22) does not extend to Scotland or Northern Ireland.

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