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Land Commission (Dissolution) Act 1971

As Enacted Cited authorities 36 Cited in Related
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Year1971


Land Commission (Dissolution) Act 1971

1971 CHAPTER 18

An Act to abolish betterment levy and dissolve the Land Commission; and for purposes connected therewith.

[8th April 1971]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Abolition of betterment levy and dissolution of Land Commission.

1 Abolition of betterment levy and dissolution of Land Commission.

(1) Betterment levy shall not be charged in respect of any act or event occurring after 22nd July 1970.

(2) On such day as the Secretary of State may by order made by statutory instrument appoint (in this Act referred to as the appointed day) the Land Commission shall cease to exist.

(3) There are hereby transferred to the Secretary of State, as from the appointed day, all functions conferred on the Land Commission by or under the Land Commission Act 1967 or any other enactment and all property, rights and liabilities to which the Land Commission is entitled or subject immediately before the appointed day; and accordingly as from that day any enactment passed or instrument made before that day shall have effect, except in relation to anything done before the appointed day, as if for any reference to the Land Commission there were substituted a reference to the Secretary of State.

(4) There shall be made in the Land Commission Act 1967 the amendments and repeals specified in Parts I and II of Schedule 1 to this Act; and as from the appointed day that Act as so amended, and construed in accordance with subsection (3) of this section, shall have effect subject to the further repeals specified in Part III of that Schedule and to the other provisions of this Act.

(5) A certificate signed by or on behalf of the Secretary of State that any instrument purporting to be made or issued by or on behalf of the Land Commission was so made or issued shall be conclusive evidence of that fact; and any document purporting to be such a certificate shall be deemed to be such a certificate unless the contrary is shown.

S-2 Winding-up of Land Acquisition and Management Fund.

2 Winding-up of Land Acquisition and Management Fund.

(1) On the appointed day the Land Acquisition and Management Fund established under section 2 of the Land Commission Act 1967 shall be wound up, and—

(a ) any balance standing to its credit shall be paid into the Consolidated Fund; and

(b ) any liability of the Land Commission in respect of sums advanced to the Commission out of the National Loans Fund shall be extinguished.

(2) All sums received by the Secretary of State in the exercise of the functions transferred to him by section 1 of this Act shall be paid into the Consolidated Fund after deducting therefrom any sums required to be refunded under Part III of the Land Commission Act 1967; and any sums payable by him in the exercise of those functions shall be paid out of moneys provided by Parliament.

S-3 Disposal of land acquired under Land Commission Act 1967.

3 Disposal of land acquired under Land Commission Act 1967.

(1) The Secretary of State (or, before the appointed day, the Land Commission) shall dispose of any land acquired under section 6 of the Land Commission Act 1967 at such time and on such terms as appear to the Secretary of State or Commission expedient in the public interest; and no further compulsory purchase order or agreement to acquire land shall be made in exercise of the powers conferred by that section (without prejudice, however, to any power to act on any such order or agreement made before the passing of this Act).

(2) If it appears to the Secretary of State (or, before the appointed day, to the Land Commission) that the disposal of any land in pursuance of the preceding subsection would be facilitated by the disposal, together with it, of other land which is contiguous or adjacent to it, the Secretary of State or Commission may acquire that other land by agreement.

Any expenses incurred under this subsection shall be defrayed out of moneys provided by Parliament.

(3) In this section ‘land’ includes any interest in or right over land.

S-4 Power to compensate members of Land Commission for loss of office.

4 Power to compensate members of Land Commission for loss of office.

4. If it appears to the Secretary of State that a person who on the appointed day ceases to be a member of the Land Commission should receive compensation for loss of office, he may pay to him out of moneys provided by Parliament such sum as he may with the approval of the Minister for the Civil Service determine.

S-5 Power to repeal remaining provisions of Land Commission Act 1967.

5 Power to repeal remaining provisions of Land Commission Act 1967.

(1) When it appears to the Secretary of State that the provisions of the Land Commission Act 1967 which are not repealed by this Act can have no further application he may by order made by statutory instrument repeal those provisions.

(2) An order under this section may make such amendments and repeals in any other enactment as appear to the Secretary of State appropriate in consequence of the repeal of the Land Commission Act 1967.

(3) A draft of any statutory instrument to be made under this section shall be laid before Parliament.

S-6 Consequential amendments and repeals.

6 Consequential amendments and repeals.

(1) The enactments mentioned in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule.

(2) The enactments mentioned in Part I of Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Part; and the enactments mentioned in Part II of that Schedule are hereby repealed, as from the appointed day, to the extent specified in the third column of that Part.

S-7 Short title, interpretation and extent.

7 Short title, interpretation and extent.

(1) This Act may be cited as the Land Commission (Dissolution) Act 1971 .

(2) In this Act ‘the appointed day’ has the meaning assigned to it by section 1(2) of this Act.

(3) This Act, except in so far as it repeals section 1(5) of the Land Commission Act 1967 and the words inserted by that section in the House of Commons Disqualification Act 1957 does not extend to Northern Ireland.

S C H E D U L E S

SCHEDULE 1

Amendments and Repeals in Land Commission Act 1967

I AMENDMENTS

Part I

AMENDMENTS

SCH-1.1

1. The words ‘and before 23rd July 1970’ shall be inserted after the words ‘after the first appointed day’ in the following sections:—

27(1)

27(3)

37(1)

37(2)

40(1)

41(1).

SCH-1.2

2. In paragraph 44 of Schedule 4 the following shall be inserted after sub-paragraph (1)(a ):—

‘(aa ) in the payment of any consideration for a disposition made after 22nd July 1970 which, if made before 23rd July 1970, would have constituted a chargeable act or event falling within Case E, or’.

SCH-1.3

3. In paragraph 32 of Schedule 5 there shall be added—

a ) at the end of sub-paragraph (1)(b ) the words ‘or would if made before 23rd July 1970, have constituted a chargeable act or event and is notified to the Commission’; and
b ) at the end of sub-paragraph (2) the words ‘but where the preceding sub-paragraph applies in relation to an assignment made after 22nd July 1970, paragraph 25 of this Schedule shall apply as if levy had remained chargeable in respect of acts or events occurring after that date, and notwithstanding that the assignment is not a disposition falling within paragraph 23(b ) of this Schedule’
II REPEALS TAKING EFFECT ON PASSING OF ACT

Part II

REPEALS TAKING EFFECT ON PASSING OF ACT

Section 6.

In section 7, in subsection (1) the words ‘and to section 8 of this Act’, and subsections (2) to (4).

Section 8.

Sections 17 to 22.

In section 26, in subsection (1) the definitions of ‘Crownhold disposition’ and ‘the current development plan’, and subsection (2).

Sections 38 and 39.

Section 60.

Sections 61 to 63.

Section 80.

Section 81(1).

Schedule 2.

III REPEALS TAKING EFFECT ON APPOINTED DAY

Part III

REPEALS TAKING EFFECT ON APPOINTED DAY

Part I.

In section 12, subsections (2) and (3), and in subsection (5) the words ‘the Commission or’ in the second place where they occur.

Section 13.

In section 16, in subsection (1) the words ‘and to directions under section 1 of this Act’; subsections (2) to (4); and in subsection (5) the words from ‘but where’ to the end.

Schedule 1.

SCHEDULE 2

AMENDMENTS OF OTHER ENACTMENTS

The Town and Country Planning Act 1968

The Town and Country Planning Act 1968

SCH-2.1

1.

(1) In subsection (1) of section 67 of the Town and Country Planning Act 1968 the words ‘(as defined in section 64(3) of the Land Commission Act 1967 )’ shall be omitted and after that subsection there shall be inserted the following:—

(1A) In subsection (1) above 'specified operation' means any of the following, that is to say—

(a ) any work of construction in the course of the erection of a building;

(b ) the digging of a trench which is to contain the foundations, or part of the foundations, of a building;

(c ) the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in the last preceding paragraph;

(d ) any operation in the course of laying out or constructing a road or part of a road;

(e ) any change in the use of any land, where that change constitutes material development.

(1B) In subsection (1A) above 'material development' means any development other than—

(a ) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted;

(b )...

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