Housing and Planning Bill (HL Bill 110)

(a) the additional land, and

(b) any land proposed to be acquired which has not vested in
the authority and for which no vesting date has been
specified under paragraph 12.

5Withdrawal of notice to treat following determination

17 (1) This paragraph applies where—

(a) the Upper Tribunal has determined that the acquiring
authority ought to be required to take the whole or part of
the additional land, and

(b) 10the vesting date in relation to the land proposed to be
acquired has not passed, and

(c) the vesting date in relation to the additional land has not
passed.

(2) The acquiring authority may withdraw the notice to treat in
15relation to the whole of the land at any time within the period of 6
weeks beginning with the day on which the Upper Tribunal made
its determination.

(3) If the acquiring authority withdraws the notice to treat, the
general vesting declaration is to have effect as if it did not include
20that land.

(4) If the acquiring authority withdraws the notice to treat under this
paragraph they must pay the person on whom the notice was
served compensation for any loss or expense caused by the giving
and withdrawal of the notice.

(5) 25Any dispute as to the compensation is to be determined by the
Upper Tribunal.””

6 In Schedule 2 (vesting of land in urban development corporation), for
paragraph 4 substitute—

“4 In Schedule 1, for paragraph 3 there is to be substituted—

30““3 A counter-notice under paragraph 2 must be served within
the period of 28 days beginning with the day on which the order
comes into force.””””

Part 2 Consequential amendment

7 35In section 5A of the Land Compensation Act 1961 (relevant valuation date),
after subsection (5A) (inserted by Schedule 17 to this Act) insert—

“(5B) If—

(a) the land is the subject of a general vesting declaration, and

(b) the vesting date is different for different parts of the land,

40the first of the vesting dates is deemed for the purposes of
subsection (4)(a) to be the vesting date for the whole of the land.””

Section 182

SCHEDULE 19 Amendments to do with sections 179 and 180

Welsh Development Agency Act 1975 (c. 70)

1 (1) Schedule 4 to the Welsh Development Agency Act 1975 is amended as
5follows.

(2) Omit paragraph 6 and the italic heading before it.

(3) In paragraph 9 omit sub-paragraph (a).

Local Government, Planning and Land Act 1980 (c. 65)

2 (1) Schedule 28 to the Local Government, Planning and Land Act 1980 is
10amended as follows.

(2) In paragraph 6—

(a) in sub-paragraph (1), after “work on land” insert “in Scotland”;

(b) omit sub-paragraph (1A);

(c) in sub-paragraph (2), omit “or (1A)”;

(d) 15in sub-paragraph (4)—

(i) omit “or (1A)”;

(ii) omit “section 7 or 10 of the Compulsory Purchase Act 1965
(or”

(iii) omit “, or use of,”;

(e) 20in sub-paragraph (7)—

(i) for “at the suit (or in Scotland at the instance)” substitute “at
the instance”;

(ii) omit “or 1A”.

(3) In paragraph 7, for sub-paragraph (11) substitute—

“(11) 25 Nothing in this paragraph shall be construed as authorising any
act or omission on the part of an urban development corporation
or local highway authority, or of any body corporate, in
contravention of any limitation imposed by law on its capacity by
virtue of the constitution of the corporation, authority or body.””

(4) 30In paragraph 9, for sub-paragraph (3) substitute—

“(3) Nothing in this paragraph shall be construed as authorising any
act or omission on the part of an urban development corporation
or local highway authority, or of any body corporate, in
contravention of any limitation imposed by law on its capacity by
35virtue of the constitution of the corporation, authority or body.””

New Towns Act 1981 (c. 64)

3 The New Towns Act 1981 is amended as follows.

4 Omit section 19.

5 In section 20, for subsection (10) substitute—

“(10) Nothing in this section shall be construed as authorising any act or
omission on the part of a development corporation or local highway
authority, or of any body corporate, in contravention of any
5limitation imposed by law on their capacity by virtue of the
constitution of the corporation, authority or body.””

6 In section 21, for subsection (3) substitute—

“(3) Nothing in this section shall be construed as authorising any act or
omission on the part of a development corporation or local highway
10authority, or of any body corporate, in contravention of any
limitation imposed by law on their capacity by virtue of the
constitution of the corporation, authority or body.””

Housing Act 1988 (c. 50)

7 (1) Schedule 10 to the Housing Act 1988 is amended as follows.

(2) 15Omit paragraph 5 and the italic heading before it.

(3) In paragraph 6, for sub-paragraph (11) substitute—

“(11) Nothing in this paragraph shall be construed as authorising any
act or omission on the part of a housing action trust, or of any body
corporate, in contravention of any limitation imposed by law on
20its capacity by virtue of the constitution of the trust or body.””

(4) In paragraph 7, for sub-paragraph (3) substitute—

“(3) Nothing in this paragraph shall be construed as authorising any
act or omission on the part of a housing action trust, or of any body
corporate, in contravention of any limitation imposed by law on
25its capacity by virtue of the constitution of the trust or body.””

Town and Country Planning Act 1990 (c. 8)

8 The Town and Country Planning Act 1990 is amended as follows.

9 Omit section 237.

10 In section 245(4), omit paragraph (a).

11 30In section 246(2), for “237” substitute “238”.

Greater London Authority Act 1999 (c. 29)

12 (1) Section 333ZB of the Greater London Authority Act 1999 is amended as
follows.

(2) For subsection (1) substitute—

“(1) 35Schedule 3 to the Housing and Regeneration Act 2008 (powers in
relation to land acquired by the Homes and Communities Agency)
applies in relation to the Authority and land held by it for the
purposes of housing or regeneration as it applies in relation to the
Homes and Communities Agency and its land.””

(3) 40In subsection (2)—

(a) insert “, and” at the end of paragraph (a);

(b) omit paragraph (aa) and the “and” at the end of it.

(4) In the heading, omit “acquired or”.

Planning Act 2008 (c. 29)

13 5The Planning Act 2008 is amended as follows.

14 In section 194, omit subsection (1).

15 Omit Schedule 9.

Housing and Regeneration Act 2008 (c. 17)

16 In Schedule 3 to the Housing and Regeneration Act 2008, omit Part 1.

10Localism Act 2011 (c. 20)

17 In section 208 of the Localism Act 2011, for subsection (1) substitute—

“(1) Schedule 3 to the Housing and Regeneration Act 2008 (powers, in
relation to land of the Homes and Communities Agency, to
extinguish public rights of way, and in relation to burial grounds and
15consecrated land) applies in relation to an MDC and its land as it
applies in relation to the Homes and Communities Agency and its
land.””

Infrastructure Act 2015 (c. 7)

18 In section 32 of the Infrastructure Act 2015, omit subsections (6), (7), (8) and
20(10).

Section 186

SCHEDULE 20 Authorities specified for purposes of section 186

1 A county council in England.

2 A district council.

3 25A London borough council.

4 The Greater London Authority.

5 An economic prosperity board established under section 88 of the Local
Democracy, Economic Development and Construction Act 2009.

6 A combined authority established under section 103 of the Local
30Democracy, Economic Development and Construction Act 2009.

7 The London Fire and Emergency Planning Authority.

8 Transport for London.

9 A sub-national transport body established under section 102E of the Local
Transport Act 2008.

10 A fire and rescue authority in England constituted by—

(a) a scheme under section 2 of the Fire and Rescue Services Act 2004, or

(b) a scheme to which section 4 of that Act applies.

11 An authority established under section 10 of the Local Government Act 1985
5(joint authority for waste disposal functions).

12 A joint authority established under Part 4 of the Local Government Act 1985
for an area in England.

13 The Common Council of the City of London (in its capacity as a local
authority).

14 10A National Park authority for a National Park in England.

15 The Broads Authority.

16 The Council of the Isles of Scilly.