Part 1

Planning

Development of new towns by local authorities

Development of new towns by local authorities
16
1
The New Towns Act 1981 is amended as follows.
2
After section 1 insert—

Local authority to oversee development of new town
1A
1
This section applies where the Secretary of State is considering designating an area of land in England as the site of a proposed new town in an order under section 1.
2
The Secretary of State may, in an order under section 1, appoint one or more local authorities to oversee the development of the area as a new town.
3
But a local authority may only be appointed if the area of land mentioned in subsection (1) is wholly or partly within the area of the local authority.
4
The Secretary of State may by regulations make provision about how a local authority is to oversee the development of an area as a new town.
5
Regulations under subsection (4) may, for example—
a
provide that a local authority is to exercise specified functions under this Act which would otherwise be exercisable by the Secretary of State, the appropriate Minister or the Treasury;
b
provide that a local authority is to exercise such functions subject to specified conditions or limitations;
c
provide that specified functions under this Act may be exercised only with the consent of a local authority;
d
make provision about the membership of a corporation established under section 3, including the proportion of the members of the corporation who may be members of or employed by a local authority;
e
modify provisions of this Act;
f
make different provision for different purposes;
g
make incidental, supplementary or consequential provision.
6
In subsection (5)(a) the reference to “functions” does not include a power to make regulations or other instruments of a legislative character.
7
Where two or more local authorities are appointed in an order containing provision by virtue of subsection (2), the Secretary of State may in that order provide—
a
that a specified function is to be exercised by a specified local authority, or
b
that a specified function is to be exercised by two or more specified local authorities jointly.
8
In this section—
- “local authority” means—
  1. a district council,
  2. a county council, or
  3. a London borough council;
- “specified” means specified in—
  1. an order containing provision by virtue of subsection (2), or
  2. regulations under subsection (4).
3
In section 77 (regulations and orders)—
a
in subsection (2), after “which” insert “ , subject to subsection (2A), ”, and
b
after subsection (2) insert—
2A
A statutory instrument containing regulations under section 1A(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
S. 16 in force at 19.7.2017 by S.I. 2017/767, reg. 2(f)