Housing and Regeneration Bill

House of Commons

Session 2007 - 08
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Housing and Regeneration Bill

Housing and Regeneration Bill
Schedule 5 — Amendments of the New Towns Act 1981
149

Schedule 5
Section 52

Amendments of the New Towns Act 1981
1
The New Towns Act 1981 (c. 64) is amended as follows.
2
For the heading to Part 2 substitute “Transfers from and dissolution of
development corporations etc.”.
5
3
For the italic heading before section 35 substitute “Functions of Welsh
Ministers in relation to certain transferred property”.
4
Omit section 35 (establishment of Commission for the New Towns).
5     (1)
Section 36 (functions of Commission) is amended as follows.
      (2)
For the heading substitute “Functions of Welsh Ministers”.
10
      (3)
For subsection (1) substitute—
“(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
15
transferred to them under a scheme made under
section 53(1) of the Housing and Regeneration Act
2008;
(ii)
the property of development corporations transferred
to them under this Act; and
20
(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
25
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).”
30
      (4)
Omit subsections (3) and (3A).
      (5)
In subsection (4)—
(a)
for “Commission”, in the first two places where it appears, substitute
“Welsh Ministers”, and
(b)
omit the words from “; nor shall any” to the end.
35
      (6)
In subsection (4A)(a) for “Commission by order under section 165B”
substitute “Welsh Ministers by order under section 165A”.
6
Omit sections 37 (restrictions on functions of Commission) and 38 (local
authorities and work for the Commission).
7     (1)
Section 39 (power of development corporations to transfer undertakings) is
40
amended as follows.
      (2)
In subsection (1) for “Secretary of State” substitute “appropriate national
authority”.

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Schedule 5 — Amendments of the New Towns Act 1981
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      (3)
In subsection (2) for “Secretary of State” substitute “appropriate national
authority”.
      (4)
In subsection (2A) for “in relation to Wales” substitute “in the case of a
development corporation established by the Welsh Ministers”.
      (5)
In subsection (3) for “Secretary of State” substitute “appropriate national
5
authority”.
      (6)
In subsection (4)—
(a)
at the beginning insert “In a case in which the appropriate national
authority is the Secretary of State,”, and
(b)
for “Secretary of State”, where it first appears, substitute
10
“appropriate national authority”.
      (7)
In subsection (5)—
(a)
for “Secretary of State” substitute “appropriate national authority”,
and
(b)
for “he” substitute “the authority”.
15
      (8)
For subsection (5A) substitute—
“(5A)
No order shall be made under subsection (5) above—
(a)
by the Secretary of State unless a draft of the order has been
laid before, and approved by a resolution of, the House of
Commons;
20
(b)
by the Welsh Ministers unless a draft of the order has been
laid before, and approved by a resolution of, the National
Assembly for Wales.”
8     (1)
Section 41 (transfer of property to Commission and dissolution of
corporation) is amended as follows.
25
      (2)
In the heading, omit “to Commission”.
      (3)
In subsection (1)—
(a)
for “Secretary of State” substitute “appropriate national authority”,
(b)
for “he” substitute “the authority”, and
(c)
in paragraph (a), for “Commission” substitute “relevant transferee”.
30
      (4)
In subsection (1A) for “in relation to Wales” substitute “in the case of a
development corporation established by the Welsh Ministers”.
      (5)
In subsection (2)—
(a)
for “Commission” substitute “relevant transferee”, and
(b)
in paragraph (b)—
35
(i)
for “Secretary of State” substitute “appropriate national
authority”, and
(ii)
for “him” substitute “the authority”.
      (6)
In subsection (4) for “Secretary of State” substitute “appropriate national
authority”.
40
      (7)
In subsection (5) for “Commission” substitute “relevant transferee”.

Housing and Regeneration Bill
Schedule 5 — Amendments of the New Towns Act 1981
151

9
After section 41 insert—
“41A
Part 2: interpretation
In this Part—
“the appropriate national authority”—
(a)
in relation to a development corporation established
5
by order made by the Secretary of State, means the
Secretary of State; and
(b)
in relation to a development corporation established
by order made by the Welsh Ministers, means the
Welsh Ministers;
10
“the relevant transferee”—
(a)
in relation to an order made under section 41 by the
Secretary of State, means the Homes and
Communities Agency; and
(b)
in relation to an order made under section 41 by the
15
Welsh Ministers, means the Welsh Ministers.”
10    (1)
Section 58 (advances to development corporations and Commission) is
amended as follows.
      (2)
In the heading, omit “and Commission”.
      (3)
Omit subsections (5) and (6).
20
11    (1)
Section 58A (grants to development corporations and Commission) is
amended as follows.
      (2)
In the heading, omit “and Commission”.
      (3)
Omit subsections (4) and (5).
12    (1)
Section 59 (other borrowing powers of development corporations and
25
Commission) is amended as follows.
      (2)
In the heading, omit “and Commission”.
      (3)
In subsection (1)—
(a)
omit “or the Commission”, and
(b)
for the words from “or the Commission (as the case may be)” to the
30
end substitute “may require for meeting its obligations or
performing its functions”.
      (4)
In subsection (2)—
(a)
omit “or the Commission”, and
(b)
for “they may require for enabling them” substitute “it may require
35
for enabling it.”
13    (1)
Section 60 (limit on borrowing by development corporations and
Commission) is amended as follows.
      (2)
In the heading, omit “and Commission”.
      (3)
In subsection (1)—
40
(a)
at the end of paragraph (b), insert “and”,
(b)
omit paragraph (c) and the “and” following it,

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Schedule 5 — Amendments of the New Towns Act 1981
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(c)
in paragraph (d), for “(whether by development corporations or by
the Commission)” substitute “by development corporations”, and
(d)
for “(2) to (4)” substitute “(2) and (3)”.
      (4)
Omit subsection (4).
14    (1)
Section 61 (provisions supplemental to section 58) is amended as follows.
5
      (2)
In subsection (1) for from the beginning of paragraph (a) to the end of
paragraph (b) substitute “to a development corporation under section 58(1)
above”.
      (3)
In subsection (2) omit “, (5) or (6)”.
15    (1)
Section 62 (Treasury guarantees) is amended as follows.
10
      (2)
In subsection (1) for “or the Commission borrow” substitute “borrows”.
      (3)
In subsection (5) for the words from “or by the Commission” to “(as the case
may be)” substitute “, the corporation”.
16
Omit section 62B (power to suspend loan obligations of development
corporations and Commission).
15
17    (1)
Section 63 (Secretary of State’s general power) is amended as follows.
      (2)
In subsection (1) omit “or the Commission”.
      (3)
In subsection (2) omit “or the Commission, as the case may be”.
18    (1)
Section 65 (disposal of surplus funds) is amended as follows.
      (2)
In subsection (1) for the words from “, and with the Commission” to the end
20
substitute “and any development corporation, that the corporation has a
surplus whether on capital or on revenue account after making allowance by
way of transfer to reserve or otherwise for its future requirements.”
      (3)
In subsection (2) for “The Commission or that corporation, as the case may
be,” substitute “That corporation”.
25
19
In section 66(1) (payments under sections 63 and 65 treated as repayments)
for paragraph (a) and the “and” following it substitute—
“(a)
as made by way of repayment of such part of the principal of
advances under section 58(1) above, and”.
20    (1)
Section 67 (accounts of Commission and development corporations) is
30
amended as follows.
      (2)
In the heading, omit “Commission and”.
      (3)
In subsection (1)—
(a)
omit “The Commission and”,
(b)
in paragraph (b), omit “respectively”, and
35
(c)
omit the words from “being, in the Commission’s case” in paragraph
(b) to the end of the subsection.
      (4)
Omit subsection (1A).
      (5)
In subsection (2)—
(a)
omit “of the Commission and”, and
40
(b)
omit “or the Commission” wherever appearing.

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Schedule 5 — Amendments of the New Towns Act 1981
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      (6)
In subsection (3)—
(a)
omit “the Commission or”, and
(b)
in paragraph (a), for “they are” substitute “it is”.
21    (1)
Section 68 (audit) is amended as follows.
      (2)
In subsection (1)—
5
(a)
omit the words from “of the Commission” to “and the accounts”, and
(b)
omit “Commission or”.
      (3)
Omit subsection (2A).
      (4)
In subsection (3)—
(a)
for “accounts of the Commission or” substitute “accounts of”,
10
(b)
for “Commission or corporation, as the case may be,” substitute
“corporation”, and
(c)
for “them” substitute “it”.
22    (1)
Section 69 (Secretary of State’s accounts) is amended as follows.
      (2)
In subsection (1)—
15
(a)
omit paragraph (a) and the “and” following it, and
(b)
omit the words from “and directions under” to the end.
      (3)
In subsection (2), omit paragraph (a) and the “and” following it.
23    (1)
Section 70 (reports) is amended as follows.
      (2)
Omit paragraph (a).
20
      (3)
Omit “of the Commission or”.
24    (1)
Section 71 (information) is amended as follows.
      (2)
In subsection (1)—
(a)
for “the Commission and every development corporation shall
respectively” substitute “every development corporation shall”, and
25
(b)
for “their” substitute “its”.
      (3)
In subsection (2)—
(a)
omit “the Commission and”, and
(b)
in paragraph (a), for “Commission or corporation, as the case may
be” substitute “corporation”.
30
25
In section 74(3) (local inquiries) for “sections 37, 40 and 41” substitute
“sections 40 and 41”.
26
In section 77(3) (regulations and orders to be made by statutory instrument)
omit “and paragraph 7 of Schedule 9 to this Act”.
27
In section 80(1) (general interpretation provisions)—
35
(a)
omit the definition of “the Commission”, and
(b)
in the definition of “financial year”, omit “or the Commission”.
28
In section 82 (short title, extent and commencement)—
(a)
in subsection (2)(c) for “1, 2 and 12” substitute “1 and 2”, and
(b)
in subsection (3) omit “paragraph 12 of Schedule 11, and”.
40

Housing and Regeneration Bill
Schedule 5 — Amendments of the New Towns Act 1981
154

29
Omit Schedule 9 (additional provisions as to the Commission).
30    (1)
Schedule 10 (additional provisions as to transfer to Commission of property
of development corporation) is amended as follows.
      (2)
In the heading, omit “to Commission”.
      (3)
In paragraph 1—
5
(a)
for “Commission”, wherever appearing, substitute “relevant
transferee”, and
(b)
in sub-paragraph (2)(c), for “, to the member” to the end substitute
“—
(i)
in a case where the relevant transferee is the
10
Homes and Communities Agency, to the
member or member of staff of the Agency
who corresponds as nearly as may be to the
member or officer in question of the
corporation; and
15
(ii)
in a case where the relevant transferee is the
Welsh Ministers, to the member of staff of
the Welsh Ministers who corresponds as
mentioned in sub-paragraph (i) above.”
      (4)
In paragraph 2—
20
(a)
for “Secretary of State”, wherever appearing, substitute “appropriate
national authority”, and
(b)
for “Commission”, wherever appearing, substitute “relevant
transferee”.
      (5)
In paragraph 3—
25
(a)
in sub-paragraph (1) for “Commission” substitute “relevant
transferee”,
(b)
in sub-paragraph (3)(a) for “Commission” substitute “relevant
transferee”, and
(c)
in sub-paragraph (3)(c)—
30
(i)
for “where the development” substitute “where, in the case of
a development corporation established by the Secretary of
State, the”, and
(ii)
for “Commission” substitute “Homes and Communities
Agency”.
35
      (6)
Omit paragraph 4.
      (7)
In paragraph 5—
(a)
omit sub-paragraph (1), and
(b)
for sub-paragraph (2) substitute—
    “(2)
Sub-paragraph (3) applies if, in the case of a development
40
corporation established by the Secretary of State, the
liabilities of the corporation for—
(a)
the repayment of advances under section 58(1)
above; or
(b)
the payment of interest on such advances;
45

are transferred to the Homes and Communities Agency.

Housing and Regeneration Bill
Schedule 6 — Transfer schemes
155

      (3)
The following provisions apply to those advances—
(a)
section 61(2); and
(b)
section 66(1) but as if the reference to any payment under section 63 or 65
above were a reference to any sum received by the Secretary of State under
section 28(2) of the Housing and Regeneration Act 2008.”
5
31    (1)
Schedule 11 (saving and transitional provisions) is amended as follows.
      (2)
In the italic heading before paragraph 3, omit “to Commission and”.
      (3)
Omit paragraphs 3 and 5.
      (4)
Omit paragraph 12 and the italic heading before it.
Schedule 6
10
Section 53(3)

Transfer schemes
Creation and apportionment of property, rights and liabilities etc.
1
A scheme may—
(a)
create for the transferor interests in, or rights over, property
transferred by virtue of the scheme,
15
(b)
create for the transferee interests in, or rights over, property retained
by the transferor,
(c)
create rights or liabilities between the transferor and transferee.
2     (1)
A scheme may provide for the transfer of property, rights or liabilities that
would not otherwise be capable of being transferred or assigned.
20
      (2)
In particular, it may provide for the transfer to take effect regardless of a
contravention, liability or interference with an interest or right that would
otherwise exist by reason of a provision having effect in relation to the terms
on which the transferor is entitled to the property or right, or subject to the
liability, in question.
25
      (3)
It does not matter whether the provision referred to in sub-paragraph (2) has
effect under an enactment or an agreement or in any other way.
3
A certificate by the Secretary of State that anything specified in the certificate
has vested in any person by virtue of a scheme is conclusive evidence for all
purposes of that fact.
30
Employment contracts
4     (1)
This paragraph applies if rights and liabilities under a contract of
employment are transferred by virtue of a scheme.
      (2)
The contract of employment—
(a)
is not terminated by the transfer, and
35
(b)
has effect from the transfer date as if made between the employee
and the transferee.