25. 4. 46 -l'L.o• 1 
PRODUCTICN DRIVE PORTWJ) CC PCSTMliN 'S CCNTfil.E.!IT.llli 
Workers who ore hesitciting 8bout their r:Nm reply to the rippe81 to ::? Jstpone, in the present efaergency conditions, normol retirement should ponder the record of Mc. Hugh Morris 0-Nen, Postman, of PortmaCl.oc. 
Nine years flgo he retired Elfter fortyseven yecirs in the Post Office. /it the outbrecik of -rvtir he C8me bcick tis Part-Time Pos"bnan. Tod<>Y1 on the eve of his tlrcee score ye8:cs £'lnd ten, he is still carry­ing on with his postmEJn' s duties. 
His CJC tivities do not end ·rvith his resumed officiEJl work. He is A Stew8rd of his Church, a 100211 Pre21cher, 9nd in his spare time a busy gEJrdener. 
He is Blso the fD ther of thirteen chilaren. 
+ + + + + + + + 


Air Ministry News Service ~.• lvLB . No_._ 21576 
TWO R. A. F. GROUPS DISSOLVED 
Two war-time GroLips of tho R. A. F. Nos. 26 and 60 Group which between them Vlere responsible for RAE' Signals telecommunicntions etnd Rccdar in Great Britai n are to be clissolved toao.y (25/4. ) At the penk of the war both Groups were 
comparo.ble in size and responsibiJ.ity to cm operatiorl8.1 Conm1cmd. A new Group , No. 90 , is now being formed which will combine the functions of both the old ores . 
No. 26 Group carried out the installection of every RllF Sisncls station i n Greo.t Brito..in and rno.n;v overseas. They were responsible for the operation of t he lnrge mo.jority of the RncJio No.vigo.tionnJ. aicJs other th'J.n Ro.Clar i n thi s country. One; Clepot clone in this Group fitted over 20 , 000 aircro.ft v1ith speciaJ. wireless equipment. The worlcl-wide RAF Inter -Comm.'.°t.neJ Sign:.:i.l system wo.s also the responsibility of 26 Group o.nd they handlecl up to hCtlf-a-million worus o. dc.y to ~,11 p0.rts of the world ranging from Top Secret Cobi net messages to questions of the posting of im individual o.irmo.n. 
Signals played c.. tremendously importo.nt though often unspectacular po.rt in the wo.r and s igno.ls officers o.nd men were in the forefront of every major operation including D-Clo.y oper.o.tions , landings in North Africo., Sicily o.ncJ the ""'"' wo.r ago.inst the J:::tp.J.nese. Practico.lly every signals cpero.tor who took pnrt in these operations p2.ssed through a special Sigm.ls Bccttle School formea by 26 Group which tro.ined \-.rell over 70 , 000 men Cluring its existence, No. 60 Group was responsible for the opero.tion of D.11 the RAF Grounu Rado.r Stations in Gre:::tt BritD.in. The d:::.y-to-Clay applic::ttion of the now technique of Radar to the wo.r was entirely their responsibility. In the early st'.l.ges they provided vital information about Ger.mo.n c,ir raids upon which information dependecJ the Fighter Defence of Grec,t Britain an.Cl, in the lo.ter st ages, Radar mwigational assistance without which the vast c,ir ::i.ttackson Germo.ny could not ho.ve been so devastatingly accurate. 
Air Marsho.l Sir James Robb, 11..0.c .-in-C., Fighter Commana, in describing the Group o.s 11the eyes of Fighter Cornmo..nd11 , so.icJ tho.t 11without No. 60 Group and radar, the Battl e of Britain, even the war itself, coulcJ not have been won", and 
that Fi ghter Cormnand destroyed severnl thouso.ncl enemy :.1.ircro.ft during the wor o.s a cJirect result of Rn.Clar information the Group suppliea. M.R. A.. F. Sir Arthur Har ris , when ~\ . o. c. -in-C. Bomber Corrrmo.na, declo.rea that 11without the behinCJ the scenes work of No. 60 Group Bomber Cormnand coulcJ not have brought its task t o 
successful conclusion°. It was Ro.Clar o.ncJ the 60 Group personnel who oper3.ted it' that "completely revolutioniseCJ bornbing11 • 
+ + + + + + + + + 
25. 4. 46,. No. 6. 
R:ElVIOV,'iL 

Plywood Section of the Timber· Control is :noving on 1\pril 29 t h froa Msidenhe8c1 to : 
24 Kil1g S-iv Ely, 

Lonc.1:m ,  Vf . C. 2.  
Telephone number  -HOLborn  4300  
+  + .  +  +  +  
BO.i'iR.D  OF 'l'RliDE  

----· 

15· 4. 46. Ne. 8. 
11 lVIemud .[\l Service f o:c Lord Keynes will be held in Westr:linster J1bbey &t 1 2.,3.J p. m. 

+ + + + 
TREJ1SURY 
25.4.2+6 -No. 9 
HOUSL OP COMMONS NIESSAGD TO fl}lHL~S Ov'BRSEAS 
The Vfo:r Office n.m1:.Jo.i1cos tho.t tho folloYv-ing leJctel' ho.s lJeon 
dosrJ,J.tchod to i.'.ll l\.:cny Cornmrmde:cs ovc1'ncas for publico.tio11 in 
Coi:u:io.nd On1ors : ­nr CU:\ COl'1J'.1.'.Ll1ded by the flrrny Council to infor m yuJ. thO:t in the C'.JUTne of the Tecon t Debo.to on Ao:iy EsJcirKLtos in the Ho'J.se of Commons, .tho Soc1~otoi'y of Sto.to for Wo:r vr.".s requested to co;.1vcy, on beho.lf of the House of Commorn:;, o. i:.1csso.ge t o o.11 ro.nks in the o.rmios serving ovorseo.s, i~ccognising the trying o.rirl ofter, tedious no.turo o? tho tnsk in Fhich they C\.ro cDgC\.gcd, (tied expressing gro.titudo for the spirit o.nd no.r:.ner in which those o.rmies 0.1:0 fulfilling th.::.jc task. 
The Sec1~ctary of Sto.to, confident tho.t o.11 rcmks in those o..rmios vrill be fortified by this generous tribu.te, hcts diroctcd tho.t it be bi'ought to Jc heir noti ce, .::u-,d I OJ11 to request tho.t 2 copy of titls 10Vcc1~ mo.y ho published in your· Comirn:md Orden:i . 11 
\;-''J OFFICE. 


UNRRA COMMITTEE OF THE COlJNCIL FOR EURO:PE 
The European Committee of UNRRA met in Lonaon toaay unaer the chairmanship of Sir Frederick Leith-Ross~ The Committee expressea to Mr. Fiorello LaGuaraia their coraial congratulations on his appointment as Director Generalj their deep appreciation of the energy with which he has pursuea the cirunpaign for increased relief supplies, and their gooa wishes for the success of his efforts. 
The Cunmittee heara a report on the proceeaings of the fourth Council session of DNRRA given by the personal representative of the Director General ih London, sir Humfrey Gale, who saia that the session had been one of UNRRA1s most successful meetings ana was a tribute to the co-opero.tive spirit of the member Governments in the present critical conditions. 
Referring to the resolution on fooa, which embodiea the conclusions reachea in the most irnportant of the discussions, Sir Humfrey Gale stressed that only the closest ~a-operation between the receiving and contributing countries coula provide a solution to the grave aanger of starvation facing so many millions toac.iv; Sir Humfrey also stated that a new reso1ut:i.on defining the Aaministrat ion's responsibilities with regard to displaced persons ana settling a number of issues raisea at tbA previous council Session, had been approved unanimously. 
A resolution vms passed by the Gorn.mittBe welcoming the aclmission of Turkey ... a latest adaition to the UNRRA council -to membership of the Ell.X'Opean Committee. The Committee also approvea the admission of representatives of Italy ancl Austria to future meetings as observers. 
It was reported that cluring the month of February, UNRRA shipments totalled 1,239,400 gross long tons. During the month of March, as the Director General recently announced , UNRRA shipped 1,526,200 gross long tons -the highest monthly tonnage since the begirming of UNRRA operations~ Unfortunately, food shiprnents, including bread, gr~ins• oils ancl fat, fell f<J! below minimtlrn needs aur ing March. In February only 46 percent of the shit~nents were foocl stuffs ana this reduced proportion of foods to other corrunoclities aiso affected the Morch opera~ions. 
~A, LONDON. 

, 

His Mojesty1 s Gove:cnnent has riO<l further revie7Jed the wheflt 8nd grnin position, c:ind h8 s c onsi.a.erec1 -,-;h8 t 0c1cl. itiorwl contribution the Uni tec1 Kingdom ns 811 irnpo:cti.rig country ccin mnke to cissist countries faced -Nith ncute short.::iges•. 
The United Kingdom h2s E10de substi:;n tinl srwings in its ccn sui:iri tion of -,-;beat p.ncl gr £Jin in order to reduce its demcinds on -norld supplies, but H. M. Governnent is confiden t that the peaple of the Unitea. Kingdon 1vill readily tic cep t still further reduc tions in view of the u:cgen t need to give Eiic1 to countries fciced -.rvi th fpimine. 
The extr<'lc tion rate of the n8tion81 flour· hos Glready bem increesec1 to· 85 per cent., corr~ared viith an nver8ge r 8te of 73 per cent 'before the -iv£Jr. H. M. Government 

~n-1st 1ww be in::·Kle as part of the nation81 campaign to bring nbout the utmost practic11bl8 C:CDnCJJ:i.y fo the use of b-.cend, /is a fi:cst step, therefore, the st8na.ard 2 lb. loiJf will be reduced to 1% lbs, in weight withJut [\ny al t8ratinn m price. This will result in a saving of l~ per 
.c;r:t  in  the flour used in its moru.f8cture.  
Further,  in order  to  effect  8  substnnti81  economy  in  consumtpi.on  of  bc-1rley,  it  
h~. s  be en  dee ided  to  reduce  the  bre-,1ing  of  teer  to  90 per  cent of  the pre­weir produc tio::i  


oBx-,t ~'bov9 pre--uar , so thtit this decision involves ci reduction of nbout 15 per cent of 1iresent pr'J'1uction. The ccntcibutions the United Kingdo~n c 8 n make to relieve grain shortElges in ther countries are lir:i.ited by the f 8 c t thot we f1re ourselves cin importing country ~
(,pendent for our main surn::Jlies of arciin unon the ,:;vnortina countries. Stocks in 
-'l.-'.t"" 0 ~ .._.... ...!.:"' 0 
this country htive alreedy teen reduc ed to ci lD"N level. Neverthel3ss, cis an innnediate contribution to the urgent problems fDcing India, South ;.~frica, certain Coloni81 territories, the U.N. R.R. Ji . coun t'.cie s <1l1d the British 
::me of Germany, H,. M. Gover:nment hcis 8greed to divert from U. K. stocks ciril from 
shipments on their 7'lay to the U. K. 8 tot81 of 200, 000 tons of gr8il1 during the months of .April <1nd ivfoy. This l ocin htis been mcide possible by 9ssurances whi.oh H. M~ Government n 3 received f·com the U. s. 811cl Cancidian Governments regDrding future su1iplie s~ 
+ + + + + 



COTTON TRADE 
Deputo.Jcion to tho L:J:cd President 
Tho Lcrd President of tho Cow1cil (lvir . Herbert Mo1·rison, M.P . ) o.ccornpcmied by Hr. H. A. Mo.rqu.o.nd, M.P . (Secroto.i7 fol' Ovorsco.s Tro.de), todo.y i·ecoived n deputo.tion roprcsonting the Fcdo1·0.tio11 of I1.Io.ste1' Cotton Spinners j\ssocio.tions cmc1 tho Liverpo'.Jl c11d J\1cmchoster Cotton Assocj_o.ti:)11s . 
Tho cloput.J.ti:Jn ro.iscd o. nurcibo1~ of p1'0.ctico.l points concc:ffning tho use of 1:1ercho.nts in connection i.-rith tho enero.tions of the Purcho.sinp; Commission . 
Tho Loi~a. President prOJnisod fu.ll consic1oro.tion sh::mld be giver: to tho views expressed, o.i1J it wc.s agreed tho.t further cloto.ilod discussions should to.kc plo.cc bctrrccn ineproscnto.tivos of tho tv10 Cotton Jl.ssocio.tions o.nd officio.ls of tho Bo::i.rd of T1'0.dc . 
BOi\RD OF TRiwE. 

MINISTRY OF TOWN AND COUNTRY PLANNING 
NEW TOWNS BILL 

MEMORANDUM BY THE MINISTER OF TOWN 
AND COUNTRY PLANNING SHOWING 
APPLICATION AND MODIFICATION 
OF PROVISIONS OF THE TOWN 
AND COUNTRY PLANNING 
ACT, 1944 

Presented by the Minister of Town and Country Planning to Parliament by Command of His Majesty April 1946 
LONDON HIS MAJESTY'S STATIONERY OFFICE 
NINEPENCE NET 
Cmd. 6801 
MEMORANDUM 
INTRODUCTORY 
The main purposes of this Bill (which is described in greater detail in the Explanatory and Financial Memorandum prefixed to it) are to provide for the selection and demarcation of areas to be developed as new towns, and for the establishment of corporations financed by the Government for the purpose of acquiring and developing land in those areas. 
The problem of de-congestion, which these new towns are designed to alleviate, is in many ways similar to the problems arising from the re-location of population and industry from areas of extensive war damage, for which provision was made in the Town and Country Planning Act, 1944. Accordingly certain provisions of that Act (notably provisions relating to the acquisition and development of land by local planning authorities) have been adopted in the present Bill for the purpose of enabling the corporations to acquire and develop land, and for other purposes of the Bill. Clause 20 of the Bill provides that the provisions of the Act of 1944 which are thus attracted are to have effect for the purposes of the Bill subject to the modifications set out in the Third Schedule. 
The provisions of the Act of 1944 thus attracted are set out below, and the effect of the modifications contained in the Third Schedule is indicated by the use of heavy type. Amendments of the Act of 1944 effected by subsequent legislation are included without special designation. 
The sections and Schedules of the Act of 1944 are arranged below in the order in which they appear in that Act, and not in the order in which they are attracted by the clauses of the Bill, but references are given in the margin to the clause or clauses of the Bill by which they are respectively applied. In some cases sections or Schedules are attracted by the Bill for more than one purpose-for example, ss. 16 and 17 (which deal with the procedure for challenging the validity of orders and with the registration of orders as local land charges) are applied by clause 1 to orders designating the areas of new towns, and by clause 4 to compulsory purchase orders under that clause. They are also attracted, by virtue of clause 7, to com­pulsory purchase orders for highway purposes made under s. 3 of the Act of 1944 as applied by that clause. 
Throughout the text, the words "this Act" mean the Act of 1944 as it applies for the purposes of the Bill, and references to particular sections which are applied by the Bill are to be construed as references to those sections as applied (see clause 20 (2)). 
SECTIONS OF TowN AND COUNTRY PLANNING AcT, 1944, AS APPLIED 
3.-(1) Where the Minister is satisfied that the construction or improve­ment of a road is needed­
(a) 
outside the area designated under the New Towns Act, 1946, as the site of a new town, for the purpose of securing the development of land in that area in accordance with proposals approved by the Minister under that Act, or 

(
b) for the purpose of providing proper means of access to such 


an area, a local highway authority may, subject to the provisions of subsections 
(3) and (5) of this section, be authorised, by an order made by the authority and submitted to the Minister and confirmed by him in accordance with the provisions of Part I of the Second Schedule to this Act, topurchase compulsorily any land as to which the Minister is satisfied that its acquisition by the authority is requisite for the construction or improvement 
Power to purchase land for highways in connection with new towns. (Clause 7.) 
1 Edw. 8 & 1 Geo. 6. c. 5 
9& IOGeo.6. 
c. 30. 
2 
of the road, or for carrying out the improvement, or controlling the development, of frontages to the road or of lands abutting thereon or ad}acent thereto. 
(2) Where the Minister of Transport is satisfied that the construction or improvement of a road is needed to supersede a part of a trunk road, the supersession whereof appears to him to be expedient for any such purpose as is mentioned in paragraph (a) or (b) of the preceding subsection, the said Minister may, subject to the provisions of subsections (3) and (5) of this section, be authorised, by an order made by him in accordance with the provisions of Part II of the Second Schedule to this Act, to purchase compulsorily any land as to which he is satisfied that its acquisi­tion by him is requisite for the construction or improvement of the road, or for carrying out the improvement, or controlling the development, of frontages to the road or of lands abutting thereon or adjacent thereto. 
Expenses incurred by the said Minister by virtue of this sub-section shall be defrayed out of the Road Fund. 
(3) 
Except in a case in which the Minister or the Minister of Transport, as the case may be, is satisfied that the land as to which the confirmation or making of an order under this section falls to be considered by him is required for the purposes of a project which was adequately set out in a statement prepared for the purposes of an order under section one of the New Towns Act, 1946, which has been made, or has been the subiect of an inquiry for the purposes of subsection (3) of section one of the Trunk Roads Act, 1936, or for the purposes ·of section one or section four of the Trunk Roads Act, 1946, the notice required by paragraph 2 or 8, as the case may be, of the Second Schedule to this Act to be published shall be published not only as therein mentioned but also by being exhibited at such places in the locality to which the order relates as appear to the authority by whom it was submitted or to the Minister of Transport, as the case may be, to be suitable for bringing it to the attention of all persons concerned. 

(4) 
A local highway authority or the Minister of Transport may enter into an agreement with an owner oi any frontage to a road, or land abutting on pr adjacent to a road, imposing, so far as his interest in the land enables him to bind it, restrictions for controlling the development of the frontage or land, and any restrictions imposed by such an agreement shall be enforceable by the local highway authority or the said Minister, as the case may be, against the said owner and any person deriving title under him in the like manner and to the like extent as if the authority or Minister were possessed of, or interested in, adjacent land and the agreement had been entered into for the benefit of that adjacent land. 

(5) 
Where there is submitted to the Minister, or the Minister of Trans­port proposes to make, an order under this section authorising the com­pulsory purchase of any land forming a frontage to, or abutting on or adjacent to, a road, and the Minister or the Minister of Transport, as the case may be, is satisfied as respects the whole or any part of the land­

(
a) that the purchase would be requisite only for the purpose of controlling development, and 

(b) 
that every owner has entered, or is willing to enter, into such an agreement with the local highway authority or the Minister of Transport as is provided for by the last preceding subsection, or is bound by such an agreement, and that the agreement or proposed agreement is satisfactory for the said purpose, 


the order shall not be confirmed or made so as to authorise the compulsory purchase of any part of the land as to which the Minister or the Minister of Transport, as the case may be, is satisfied as aforesaid. 
3 
(6) A local highway authority may, with the consent of the Minister, acquire by agreement any land which they could be authorised under this section to purchase compulsorily. 
13.-(1) The pro~ns of the New Towns Act, 1946, as to the manner in which authorisation may be given for the compulsory purchase of land under the several enactments in that behalf contained in or incor­porated with those provisions shall have effect subject to the provisions of this section in the case of land to which this section applies, that is to say, land which is used for the purpose of the carrying on of a statutory under­taking, or in which an interest is held for that purpose, other than any such land which is in respect of its nature or situation comparable rather with the generality of land as respects which those enactments have effect than of land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings. 
(2) 
Any question arising in relation to an authorisation of a compulsory purchase under any of the said enactments whether land is land to which th1s section applies shall be determined by the Minister having jurisdiction to authorise a compulsory purchase thereunder in the case of land other than land to which this section applies and the appropriate Minister. 

(3) 
If with respect to any of the land as respects which an order author­ising a compulsory purchase under any of the said enactments is submitted, or is proposed to be made, in accordance with the procedure therein mentioned, the person carrying on a statutory undertaking makes to the appropriate Minister, in the prescribed manner and within the time within which objections to the order may be made, a representation that it is land to which this section applies and a request that it should be excluded from the order, and it is determined that it is land to which this section applies, then, subject to the provisions of subsection (5) of this section, the order shall, if it relates only to that land, not be confirmed or not be made, as the case may be, or, if it relates in part to that land, be modified so as to exclude it. 

(4) 
A compulsory purchase of land under any of the said enactments may, in the case of land to which this section applies, be authorised­

(a) 
in the case of a purchase by a development corporation or local highway authority, by an order made by the Minister and the appro­priate Minister in accordance with the provisions of Part I of the Third Schedule to this Act on the application of that corporation or author"ty; or 

(b) 
in the case of a purchase by the Minister of Transport, by an order made by the Minister of Transport and the appropriate Minister in accordance with the provisions of Part II of the Third Schedule to this Act: 


Provided that if any objection to an application for, or proposal to make, an order giving an authorisation in accordance with this subseCtion is duly made by the person carrying on a statutory undertaking for the purpose of the carrying on of which an interest in any land to which the application or proposal relates is held, or any such land is used, and is not withdrawn, any order made thereon shall be subject to special parlia­mentary procedure. 
(5) Where an order in relation to which subsection (3) of this section would apart from this subsection have effect as respects any land is an order under section four of the New Towns Act, 1946, authorising the compulsory purchase of that land as being land within the area designated by an order under section one of that Act as the site of a new town, the following provisions shall have effect, that is to say­
175158) A* 
PART I· 
-cont. 
Modifications as to pro­cedure and compensa­tion for purchase in case of land held for the carrying on of statutory undertakings. 
(Clauses 4 and 7.) 
PART I. 
-cont. 
Provisions as to purchase of open s-paces, etc. 
(Clauses 4 and 7.) 
4 
(a) 
subsection (3) of this section shall not have effect as respects the land in question unless within the time allowed for making objections to the relevant order under section one of the New Towns Act, 1946, the person carrying on a statutory undertaking has made to the appropriate Minister in the prescribed manner a representation that the land in question is land to which this section applies; 

(b) 
where such a representation is so made as respects any land, the Minister and the appropriate Minister may make under this subsection an order, which shall be subject to special parliamentary procedure, declaring that it is expedient that that land should be subject to compulsory purchase, ~nd if such an order has taken effect as respects the land in question, subsection (3) of this section shall not have effect as respects it. 

(6) 
The provisions of the Fourth Schedule to this Act shall have effect, as respects the interest of the person by whom the undertaking in question is being carried on, as to the compensation to be paid in· respect of a compulsory purchase under the New Towns Act, 1946, of land to which this section applies, including compensation to be estimated in con­nection with the purchase for damage sustained by reason of the severing of land the subject thereof from other land held therewith or otherwise injuriously affecting such other land, and compensation to be so estimated for disturbance or any other matter not directly based on the value of land. 

(7) 
In this Act the expression " statutory undertaking " means any of the following undertakings the carrying on of which is authorised by any Act (whether public general or local) or by any order or scheme made under, or confirmed by, an Act, that is to say,­

(a) 
railway, light railway, tramway, road transport, water trans­port, canal, inland navigation, dock, harbour, pier and lighthouse undertakings ; 


(b) undertakings for the supply of electricity, gas, hydraulic power 
or water; and as respects statutory undertakings the expression " the appropriate Minister " means­
(i) 
in relation to an undertaking falling within paragraph (a) of this subsection, the Minister of Transport; 

(ii) 
in relation to an undertaking for the supply of electricity, gas or hydraulic power, the Minister of Fuel and Power; • 


(iii) in relation to an undertaking for the supply of water, the 
Minister of Health ; and any reference in this Act to the Minister of Transport and the appro­priate Minister shall be construed, in relation to any undertaking falling within paragraph (a) of this subsection, as a reference to the Minister of Transport. 
(8) If any question arises, in relation to anything required or authorised to be done under this Act, which Minister was or is the appropriate Minister as defined in this section, the question shall be determined by the Treasury. 
14.-(1) Where a compulsory purchase order under the New Towns Act, 1946, authorises the compulsory purchase by a development corporation or local highway authority of any land forming part of any common, open space or fuel or field garden allotment, the order, so far as it relates to the acquisition of such land, shall be subject to special parliamentary procedure, except where the Minister of Agriculture and Fisheries (in the 
5 
case of a common or of a fuel or field garden allotment), or the Minister (in PART I.. 
-cont.
the case of an open space, not being a common or such an allotment), is satisfied­
(
a) that there has been or will be given in exchange for such land other land, not being less in area, and being equally advantageous to the persons, if any, entitled to rights of common or other rights, and to the public, and that the land given in exchange has been or will be Yested in the persons in whom the land purchased was vested, and subject to the like rights, trusts and incidents as attached to the land purchased ; or 

(b) 
that the land is required for the widening of an existing highway and that the giving in exchange of other land is unnecessary, whether in the interests o.f the persons, if any, entitled to rights of common or other rights or in the interests of the public, 


and certifies accordingly. 
(3) 
Where it is proposed to certify as aforesaid, the Minister having jurisdiction to give the certificate shall give public notice of his intention so to do, and­

(a) 
after affording opportunity to all persons interested to make representations and objections in relation thereto, and 

(b) 
after causing a public local inquiry to be held in any case where it appears to him to be expedient so to do, having regard to any representations or objections made, 


the said Minister may, after considering any representations and objections made and, if an inquiry has been held, the report of the person who made the inquiry, give the certificate. 
(4) 
So soon as may be after the giving of a certificate under this section, the development corporation or local highway authority shall publish by Gazette and local advertisement a notice in the prescribed form stating that the certificate has been given. 

(5) 
Where­

(a) 
a purchasing authority have been authorised under any enact­ment contained in or incorporated with the New Towns Act, 1946, to purchase compulsorily land forming part of a common, open space or fuel or field garden allotment, 


the authority may be authorised, in a case falling within paragraph 
(a) of this subsection in accordance with the provisions of the enactment therein mentioned, to purchase compulsorily, or they may acquire by agreement, land for giving in exchange for the land purchased : 
Provided that the power of a development corporation or local high­way authority under this subsection to acquire land by agreement shall be exercisable only with the consent of the Minister. 
(6) 
The said Minister may, where it appears to him expedient so to do in order to secure that land given in exchange as mentioned in paragraph 

(a) 
of subsection (1) of this section shall vest in the persons, and subject to the rights, trusts and incidents, mentioned in that paragraph, make an order vesting the land as aforesaid. 

(10) 
In this section the expression "common" includes any land subject to be enclosed under the Inclosure Acts, 1845 to 1882, and any tO\vn or village green ; the expression " open space " means any land laid out as a public garden, or used for the purposes of public recreation, or 


(75153) A*2 
PART I. 
-cont. 
Validity and date of operation of orders, etc. 
(Clauses 1, 4 and 7.) 
9 & 10 Geo. 
6. c. 18. 
Registration of orders as local land charges. 
(Clauses 1, 

4 and 7.) 
6 
land being a disused burial ground ; and the expression " fuel or field garden allotment " means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act. 
16.-(1) If any person aggrieved by an order under section one of the New Towns Act, 1946, or an order authorising a compulsory purchase of land under any enactment contained in or incorporated with that Act, or a certificate under section fourteen of this Act, desires to question the validity thereof, or of any provision contained therein, on the ground that it is not within the powers of the New Towns Act, 1946, or this Act or that any requirement of the New Towns Act, 1946, or this Act or of any regulation made thereunder has not been complied with in relation to the order or certificate, he may, within twenty-eight days from the date on which notice of the making or confirmation of the order by the Minister having jurisdiction to make or confirm such an order, or notice of the giving of the certificate, is first published in accordance with the provisions of the New Towns Act, 1946, or this Act in that behalf, make an application to the High Court, and on any such application the Court­
(a) 
may by interim order suspend the operation of the order or any provision contained therein, or of the certificate, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings ; and 

(b) 
if satisfied that the order or any provision contained therein, or the certificate, is not within the powers of the New Towns Act, 1946, or this Act or that the interests of the applicant have been substantially prejudiced by any requirement of the New Towns Act, 1946, or.this Act or of any regulation made thereunder not having been complied with, may quash the order or any provision contained therein, or the certificate, either generally or in so far as it affects any property of the applicant. 

(2) 
Subject to the provisions of the preceding subsection, such an order or certificate shall not, either before or after it has been made or confirmed or given as aforesaid be questioned in any legal proceedings whatsoever, and shall b~come operative on the date on which such notice as aforesaid is first published as aforesaid. 

(3) 
Except by leave of the Court of Appeal, no appeal shall lie to the House of Lords from a decision of the Court of Appeal under this section. 

(4) 
This section shall not apply to an order which is confirmed by Act of Parliament under section six of the Statutory Orders (Special Procedure) Act, 1945, but except as aforesaid shall have effect in relation to an order to which that Act 'applies as if in subsection (1) for the reference to the date on which notice of the making or confirmation of the order by the Minister having jurisdiction to make or confirm it is first published in accordance with the provisions of the New Towns Act, 1946, or this Act in that behalf there were substituted a reference to the date on which the order becomes operative under the Statutory Orders (Special Procedure) Act, 1945, and as if in subsection (2) the words "and shall become operative on the date on which such notice as aforesaid is first published as aforesaid " were omitted. · 


l'i.-(1) As soon as may be after an order under section one of the New Towns Act, 1946, or an order authorising a compulsory purchase of land under any enactment contained or incorporated with that Act, becomes operative, it shall be registered in the prescribPd manner in the register of local land charges by the proper officer of the council of ,each 

7 
county borough or county district in which the land designated by the order or any part thereof is situated, or, if that land, or any part thereof, is situated in the City of London or any other part of the administrative County of London, by the proper officer of the Common Council of the City of London or of the London County Council, as the case may be. 
(2) 
It shall be the duty of the purchasing authority under an order authorising a compulsory purchase as aforesaid, as soon as may be after the order has become operative to notify that fact to the proper officer of any other authority by whom it is required to be registered as aforesaid, and to furnish to him all information relating to the order requisite in that behalf. 

(3) 
The power conferred by subsection (6) of section fifteen of the Land Charges Act, 1925, to make rules for giving effect to the provisions of that section shall be exercisable for giving effect to the provisions of this section, and in this section the expression " prescribed " means prescribed by rules made in exercise of that power. 


18.-(1) The Lands Clauses Acts are hereby incorporated with the New Towns Act, 1946, and this Part of this Act, subject to any necessary adaptations and to the provisions of Part I of the Fifth Schedule to this Act. 
(2) 
The Acquisition of Land (Assessment of Compensation) Act, 1919, shall, in its application for the purposes of the New Towns Act, 1946, and this Part of this Act have effect subject to any necessary adaptations and subject to the provisions of Part II of the Fifth Schedule to this Act. 

(3) 
If the Minister having jurisdiction to confirm or make an order authorising a compulsory purchase of land under the New Towns Act, 1946 (including such an order giving an authorisation in accordance with subsection (4) of section thirteen of this Act) is satisfied when he confirms or makes the order that it is requisite that the purchasing authority should have power, as respects the whole or any part of the land, to enter thereon a,nd to secure the vesting thereof in the authority before the expiration of the time that would be needed for service of notices to treat, and the order as submitted or the draft of the order or the application therefor, as the case may be, contained, or included an application for, a direction in that behalf­

(
a) the order may direct that the provisions of the Sixth Schedule to this Act shall apply to the order as respects all or any of the land to which the order relates, being land as to which the said Minister is satisfied as aforesaid; and 

(b) 
where such an order applies those provisions the said Schedule shall have effect in relation to the order accordingly, and notices to treat shall be deemed to have been served subject to and in accordance with the provisions thereof. 


An order which so directs is in this Act referred to as a " purchase order providing for expedited completion." 
(4) An order authorising a compulsory purchase of land under any enactment contained in or incorporated with the New Towns Act, 1946, may provide that section seventy-seven of the Railways Clauses Consoli­dation Act, 1845 (which relates to the exception of minerals from pur­chases), and sections seventy-eight to eighty-five of that Act (which relate to restrictions on the working of minerals) as originally enacted and not as 
75158) A*3 
PART I. 
-cont. 
15&16Geo.5. 
c. 22. 
Incorpora­tion of Lands Clauses Acts, etc., with modifica­tions, in­cluding modifica­tions pro­viding for expedited completion of purchases. 
(Clauses 4 and 7.) 
9& IO Geo. 5 
c. 57. 
8 & 9 Viet. 
c. 20. 
8 
PART l. 
-cont. 
13&14Geo.5 
c. 20. 
Authorisa­tion of development on land acquired for purposes of the New Towns Act, 
1946, not­withstanding interference with ease­ments, etc. (Clauses 6 and 7.) 8 & 9 Viet. 
c. 18. 
amended for certain purposes by section fifteen of the Mines (Working Facilities and Support) Act, 1923, or the said section seventy-seven only, shall be incorporated with the New Towns Act, 1946, and this Part of this Act as respects all or any of the land thereby authorised to be purchased, subject to such modifications of references to the railway or works, or to the company, as may be specified in the order, and for the purposes of any such incorporation that Act and this Part of this Act, and the order, shall be deemed to be the special Act. 
22.-(1) The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired by a development corporation or local highway authority for the purposes of the New Towns Act, 1946 whether done by the corporation or authority or by any other person, shall be deemed to be authorised by that Act if it conforms with planning control, notwithstanding that it involves interference with any easement or other servitude or breach of any restriction as to the user of land arising by virtue of any contract, but subject to payment of compensation under section sixty-three or sixty-eight of the Lands Clauses Consolidation Act, 1845, to be assessed in the same manner and subject to the sarn_e rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase by such a corporation or authority or the injury arises from 'the execution of works on land acquired by such a corporation or authority: 
Provided that nothing in this subsection shall authorise interference with any such right as is mentioned in section twenty-five of this Act. 
(2) Any liability of a person other than the development corporation or local highway authority by whom the land in question was acquired to pay such compensation as aforesaid which that person fails to discharge shall be enforceable against that corporation or authority: 
Provided that nothing in this subsection shall be construed as affecting any agreement between the corporation or authority and any other person for indemnifying the corporation or authority against any liability under this subsection. 
(3) 
For the purposes of subsection (1) of this section, the erection, construction or carrying out, or maintenance, of any building or work shall be treated as conforming with planning control if it is done in accordance with the terms of an interim development order or of per­mission granted under such an order, or in conformity with the provisions of a planning scheme, and not otherwise : 

Provided that for the purpose of this subsection anything done by an interim development authority, or by the authority responsible for the enforcement of any provisions of a planning scheme, shall be treated : as conforming with planning control if it is done in accordance with consent granted under the provisions of this Act relating to the control of development by such authorities, or if consent is dispensed with under those provisions. 

(4) 
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 limitation imposed by law on the capacity of such a body by virtue of its constitution, or as authorising any act or omission on the part of any person which is actionable at the suit of any person on any ground other than such interference or breach as is mentioned in subsection (1) of this section. 


9 
PART I.
(5) In this section the expression " servitude " means any easement, 
-cont.
liberty, privilege, right or advantage ~nnexed to land and adversely affecting other land, and includes a natural right to support. 
Power to
23.-(1) The Minister may by order extinguish any public right of way 
extinguish
over land which has been acquired and is for the time being held by a 
highways
development corporation or local highway authority for the purposes of over land the New Towns Act, 1946, or which has been acquired by the Minister of acquired 
for purposes
Transport thereunder and is for the time being held for the purposes for 
of the New
which he acquired the land. 
Towns Act, 1946.
(2) 
The Minister shall cause a notice stating the effect of any order (Clauses 6 that he proposes to make under this section, and specifying the time and 7.) (not being less than twenty-eight days from the publication of the notice) within which, and the manner in which, objections to the proposal may be made, to be published in such manner as appears to him to be requisite and shall serve a like notice­

(
a) on the local planning authority in whose area the land is 
situated, and 


(b) 
on any authority being the highway authority as respects the 
right of way proposed to be extinguished, except where that authority 
applied for the making of the order ; 



and the provisions of the First Schedule to this Act shall have effect in relation to the proposal if any objection thereto is duly made. 
(3) 
~here the Minister i.s satisfied that the construction or improvement of a road is or will be needed in consequence of the extinguishment under this section of a public right of way, the provisions of section three of this Act shall have effect as they have effect where the Minister is satisfied that the construction or improvement of a road is needed as mentioned in subsection (I) of that section. 

(4) 
Where on the application of a development corporation or local highway authority an order is made under this section extinguishing a public right of way, and at the time of publication of the notice required by subsection (2) of this section there was under, in, upon, over, along or across the land over which the right of way subsisted any telegraphic line belonging to or used by the Postmaster-General,­

(a) 
the power of the Postmaster-General to remove the line shall 
be exercisal;>le notwithstanding the making of the order, so however 
that the said power shall not be exercisable, as respects the whole or 
any part of the line, after the expiration of a period of three months 
from the date on which the fight of way is extinguished unless before 
the expiration of that period the Postmaster-General has given notice 
to the development corporation or local highway authority of his 
intention to remove the line or that part thereof, as the case may be; 


(b) 
the Postmaster-General may by notice to the development 
corporation or local highway authority in that behalf abandon the 
said line or any part thereof, and shall be deemed, as respects the 
line or any part thereof, to have abandoned it at the expiration 
of the said period of three months unless before the expiration of 
that period he has removed it or given notice of his intention to remove 
it ; 


(c) 
the Postmaster-General shall be entitled to recover from the 
development corporation or local highway authority the expense of 



(75153) A*4 
10 
PART I. 
-cont. 
41 & 42 Viet. 
c. 76. Extinguish­ment of private ways, and rights as to apparatus, over or in land pur­chased for purposes of the New Towns Act, 1946. 
(Clauses 6 and 7.) 
Extinguish­ment of rights of way, and rights as to apparatus, of statutory undertakers. (Clauses 6 and 7.) 
providing, in substitution for the line and any telegraphic line con­nected therewith which is rendered useless in consequence of the removal or abandonment of the line, a telegraphic line in such other place as the Postmaster-General may require ; 
(d) where under paragraph (b) of this subsection the Postmaster­General has abandoned the whole or any part of a telegraphic line, it shall vest in the development corporation or local highway authority, and the provisions of the Telegraph Acts, 1863 to 1943, shall not apply in relation to the line or part in question as respects anything done or omitted after the abandonment thereof. 
In this subsection the expression "telegraphic line" has the same meaning as in the Telegraph Act, 1878. 
24.-(1) Upon the completion by the purchasing authority of a compulsory purchase under the New Towns Act, 1946, of any land, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on under or over the land shall be extinguished and any such apparatus shall vest in the purchasing authority : 
Provided that this section shall not apply to any right vested in, or .....__, any apparatus belonging to, the person carrying on a statutory undertaking for the purpose of the carrying on thereof, and shall have effect as respects other matters subject to any direction given by the purchasing authority before the completion of the purchase that this section shall not apply to any right or apparatus specified in the direction and subject to any agreement which may be made (whether before or after the completion of the purchase) between the purchasing authority and the person in or to whom the right or apparatus in question is vested or belongs. 
(2) Any person who suffers loss by the extinguishment of any right or the vesting of any apparatus under this section shall be entitled to be paid by the purchasing authority compensation, to be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, and section fifty-seven of this Act shall have effect in relation to compensation payable under this section and to loss sufiered as therein mentioned, as it has effect in relation to compensation in respect of land injuriously affected by the execution of works on land acquired by a Government department or a local or public authority and to damage sustained by reason thereof. 
t3) Expenses incurred by the Minister of Transport in the payment of compensation under the last preceding subsection shall be defrayed out of moneys provided by Parliament. 
25.-(1) Where there subsists over land which has been acquired and is for the time being held by a development corporation or local highway authority for the purposes of the New Towns Act, 1946, or which has been acquired by the Minister of Transport thereunder and is for the time being held for the purposes for which he acquired the land, any right of way or any right of laying down, erecting, continuing or maintaining any apparatus on under or over the land, or there is on under or over any such land any apparatus, vested in or belonging to the person carrying on a statutory undertaking for the purpose of the carrying on thereof, the COl'P<lfation or authority or that Minister may serve on the said person a notice that at the expiration of such period as may be specified in the notice the right will be extinguished, or requiring that before the expiration of such period as may be so specified the apparatus shall be removed. 
11 
(2) A person on whom a notice is served under the preceding subsection PART I. 
-cont.
may before the expiration of twenty-eight days from the service of the notice serve a counter-notice on the corporation or authority or Minister stating that he objects to all or any of the provisions of the notice and specifying the grounds of his objection. 
(3) 
If no counter-notice is served under the last preceding subsection, any right to which the notice relates shall be extinguished at the end of the period specified in that behalf in the notice, and if at the end of the period so specified in relation to any apparatus any requirement of the notice as to the removal of the apparatus has not been complied with, the corporation or authority or the said Minister may remove the apparatus and dispose thereof in any way they or he may think fit. 

(4) 
If a counter-notice is served under subsection (2) of this section on a development corporation or local highway authority, the corporation or authority may either withdraw the notice (without prejudice, however, to the service of a further notice) or apply to the Mini~ter and the appropriate Minister for · an order embodying, either with or without modification, the provi5ions of the notice, and the Minister and the appropriate Minister may if they think fit, after affording to the person carrying on the undertaking an opportunity of objecting to the application and, if any objection is made, after considering the objection and affording to the said person and to the development corporation or local highway authority an opportunity of appearing before and being heard by a person appointed by the Minister and the appropriate Minister for the purpose, make an order in accordance with the application, either with or without modification. 

(5) 
If a counter-notice is served under subsection (2) of this section on the Minister of Transport, either he may withdraw the notice (without prejudice, however, to the service of a further notice) or he and the appropriate Minister may make an order embodying either with or without modification, the provisions of the notice. 


Where the Minister of Transport and the appropriate Minister propose to i.nake an order under this subsection, they shall prepare a draft of the order and shall afford to the person carrying on the undertaking an opportunity of objecting to the proposal and, if any objection is made, shall consider the objection and afford to the said person an opportunity of appearing before and being heard by a person appointed by them for the purpose, and may then make an order in accordance with the draft, either with or without modification. 
(6) 
Subsection (3) of this section shall apply to an order made under either of the two last preceding subsections as it applies to a notice in respect of which no counter-notice is served, but with the substitution for references to a notice of references to an order. 

(7) 
Where an objection to an order under subsection (4) or (5) of this section is duly made and is not withdrawn before the making of the order, the order shall be subject to special parliamentary procedure. 

(8) 
In respect of the extinguishment of any right, or the imposition of any requirement, under this section the person carrying on a statutory undertaking shall be entitled to recover from the corporation or authority or Minister at whose instance the right was extinguished or the require­ment was imposed compensation in accordance with Part I of the Fourth Schedule to this Act. 


PART I. 
-cont. 
Extension and modifica­tion of powers and duties of statutory undertakers. 
(Clause 10.) 
12 
(9) Expenses incurred by the Minister of Transport in the payment of compensation under the last preceding subsection shall be defrayed out of moneys provided by Parliament. 
26.-(1) Where it appears to the Minister and the appropriate Minister, on a representation made by the person carrying on a statutory under­taking, that-­
(a) 
in order to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for the purposes of a new town under the New Towns Act, 1946, or 

(b) 
in order to facilitate any adjustment of the carrying on of the undertaking necessitated by the acquisition under the New Towns Act, 1946, of any land an interest in which was held, or which was used, for the purpose Of the carrying on of the undertaking, or necessitated by the extinguishment of any right, or the imposition of any requirement, under the last preceding section, 


it is expedient that the powers and duties of the said person in relation to the carrying on of the undertaking should be extended or modified, the Minister and the appropriate Minister may by order provide for such extension or modification of the said powers and duties as appears to them to be requisite in order to secure the provision of services as mentioned in paragraph (a) of this subsection, or to facilitate the adjust­ment of the undertaking as mentioned in paragraph (b) of this subsection, as the case may be. 
(2) 
Without prejudice to the generality of the provisions of the preceding subsection, an order under the preceding subsection may provide­

(
a) for empowering the person carrying on the undertaking to acquire, whether compulsorily or by agreement, any land specified in the order and to erect or construct any buildings or works so specified; 

(b) 
for applying in relation to the acquisition of such land and the construction of such works enactments relating to the acquisition of land and the construction of works (including the Acquisition of Land (Assessment of Compensation) Act, 1919, and Part II of this Act); 

(c) 
for giving effect, where it has been represented that the making of the order is expedient for the purposes of paragraph (a) of the preceding subsection, to such financial arrangements between the development corporation and the person carrying on the undertaking as they may agree or, in default of agreement, as may be determined to be equitable in such manner and by such tribunal as may be specified in the order ; 


and for such incidental and supplemental matters as appear to the Minister and the appropriate Minister to be expedient for the purposes of the order. 
(3) As soon as may be after making a representation under subsection (I) of this section, the person carrying on the undertaking in question shall publish, in such form and manner as may be directed by the Minister and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Minister and the appropriate Minister, PART I. serve a like notice on such persons, or persons of such classes, as may -cont. be so directed. 
(4) 
The provisions of the First Schedule to this Act shall have effect in relation to the making of an order on the representation if any objection thereto is duly made, and, subject to those provisions in a case in which they have effect, the Minister and the appropriate Minister may, if they think fit, make an order. 

(5) 
A development corporation may represent to the Minister and the appropriate Minister that the making of an order under subsection (1) of this section as i:espects any statutory undertaking is expedient for the purpose of securing the provision of new services, or the extension of existing services, for the purposes of a new town under the New Towns Act, 1946, and where such a representation is made the preceding provisions of this section shall have effect as if the representation had been made by the person carrying on the undertaking in question, but with the substitution in subsection (3) for the reference to the person carrying on the undertaking of a reference to the development corporation. 

(6) 
An order under this section shall be subject to special Parliamentary procedure. 


27.-(1) Where on a representation in that behalf made by the person Relief of carrying on a statutory undertaking the appropriate Minister is satisfied statutory
undertakers·­
that the compulsory purchase under the New Towns Act, 1946, of any land from an interest in which was held, or which was used, for the purpose of obligations the carrying on of the undertaking, or the extinguishment thereunder rendered of any right, or the imposition of any requirement as to the removal impractic­of apparatus, vested in or belonging . to the said person, has rendered :~~~c~~ of impracticable the fulfilment of any obligation of the said person incurred powers of in connection with the carrying on of the undertaking, the appropriate the New Minister may by order direct that the said person shall be relieved of Towns Act, the ful£i?nen~ of the obligation either absolutely or to such extent as may ~~~~se IO.) be specified m the order. 
(2) 
As soon as may be after making a representation to the appropriate Minister under the preceding subsection, the person carrying on the undertaking in question shall, as may be directed by the appropriate Minister, either publish, in such form and manner as may be so directed, a notice giving such particulars as may be so directed of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices. 

(3) 
The provisions of the First Schedule to this Act shall have effect in relation to the making of an order on the representation if any ob1ection thereto is duly made, and, subject to those provisions in a case in which they have effect, the appropriate Minister may, if he thinks fit, make an order. 

(4) 
If ~ny objection to the making of an order under this section is made and is not withdrawn before the making of the order, the order shall be subject to special parliamentary procedure. 

(5) 
The provisions of section sixteen of this Act as to the validity and date of operation of orders shall apply to an order made under this section as they apply to such an order as is mentioned in the said section sixteen. 


PART I. 
--cont.• 
Authorisa­tion of use and develop­ment of consecrated land, and burial grounds, not­withstanding restrictions. 
(mauses 6 and 7.) 
28.-(1) Any consecrated land, whether or not including any building, which has been acquired by a development corporation or local highway authority for the purposes of the New Towns Act, 1946, or which has been acquired by the Minister of Transport thereunder, may, subject to the provisions of this section, be used in any manner, whether or not involving the erection, construction or carrying out, or maintenance, of any building or work,­
(
a) in the case of land acquired by a development corporation or local highway authority, by that corporation or authority or by any other person, if that use conforms with planning control, or 

(b) 
in the case of land acquired by the Minister of Transport, by him or on his behalf for any purpose for which he acquired the land, 


notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise as respects such land: 
Provided that the provisions of subsection (4) of this section shall have effect to the exclusion of the provisions of this subsection as respects consecrated land being or forming part of a burial ground. J 
(2) 
Any use of consecrated land authorised by the preceding subsection, and the use of any land, not being consecrated land, acq1-1ired as therein mentioned which at the time of acquisition included any church or other building used or formerly used for religious ·worship or the site thereof, shall be subject to compliance with the prescribed requirements with respect to the removal and reinterment of any human remains and the disposal of monuments or other memorials, and of fixtures and furnishings, and, in the case of consecrated land, subject to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land. 

(3) 
Any regulations made for the purposes of the last preceding .subsection­

(
a) shall contain such provisions as appear to the Minister to be requisite for securing that any use of land which is subject to com­pliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment other than this Act or by a Measure or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure ; 

(b) 
shall contain requirements relating to the disposal of any such land as is mentioned in the last preceding subsection such as appear to the Minister requisite for securing that the provisions of that subsection shall be complied with in relation to the use of the land ; and 

(c) 
may contain such incidental and consequential provisions (including provisions as to the closing of registers) as appear to the Minister to be expedient for the purposes of the regulations. 

(4) 
Any land consisting of a burial ground or part of a burial ground 
which has been acquired by a development corporation or local highway 
authority for the purposes of the New Towns Act, 1946, or which has been 
acquired by the Minister of Transport thereunder, may be used in any 



manner, whether or not involving the erection, construction or carrying PARTL 
--conl.
out, or maintenance, of any building or work,­
(a) 
in the case of land acquired by a development corporation or 
local highway authority, by that corporation or authority or by any 
other person, if that use conforms with planning control, or, 


(b) 
in the case of land acquired by the Minister of Transport, by 


him or on his behalf for any purpose for which he acquired the land, notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or other­wise as respects burial grounds : 
Provided that this subsection shall not have effect as respects any such land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains, and the disposal of monuments, tombstones or other memorials, in or upon the land have been complied with. 
(5) 
Provision shall be made by any regulations made for the purposes of subsection (2) of this section and the proviso to the last preceding subsection­

(
a) for requiring the persons in whom the land is vested to publish 
notice of their intention to carry out the removal and reinterment 
of any human remains or the disposal of any tombstones, monuments 
or other memorials ; 


(b) 
for enabling the personal representatives or relatives of any 
deceased person themselves to undertake the removal and reinter­
ment of the remains of the deceased, and the disposal of any tomb­
stone, monument or other memorial commemorating the deceased, 
and for requiring the persons in whom the land is vested to defray 
the expenses of such removal, reinterment and disposal, not exceeding 
such amount as may be prescribed; 


(c) 
for requiring compliance with such reasonable conditions, if 
any, as may be imposed, in the case of consecrated ground, by the 
Bishop of the diocese, with respect to the manner of removal, and the 
place and manner of reinterment of any human remains, and the 
disposal of any tombstones, monuments or other memorials, and with 
any directions given in any case by the Secretary of State with respect 
to the removal and reinterment of any human remains. 



Any expenses incurred by a government department under paragraph 
(b) 
of this subsection shall be defrayed out of moneys provided by 
Parliament. 


(6) 
Subject to the provisions of any such regulations as aforesaid, no faculty shall be required for the removal and reinterment in accordance with the regulations of any human remains, or for the removal and disposal of any tombstones, monuments or other memorials, and the provisions of section twenty-five of the Burial Act, 1857 (which prohibits the 20 & 21 Viet. removal of human remains without a licence of the Secretary of State c. 81. except in certain .cases) shall not apply to a removal carried out in accordance with the regulations. 

(7) 
In this section­

(a) 
the expression " burial ground " includes any churchyard, 
cemetery or other ground, whether consecrated or not, which has at 
any time been set apart for the purpose of interment; 



PART I. 
-cont: 
A11thorisa­tion of use and development of open spaces, etc. notwith­
-standing restrictions. 
(Clauses 6 
and 7.) 
Provisions as to dis­placements 
from land acquired for purposes of the New Towns Act, 
1946. 
(Clauses 6 and 7.) 
H> 
(b) 
references to conformity with planning control shall be construed in accordance with subsection (3) of section twenty-two of this Act, with the substitution for references therein to anything done as therein mentioned of references to any use of land, whether or not involving the doing of any such thing. 

(8) 
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 limitation imposed by law on the capacity of such a body by virtue of its constitution, or as authorising any act or omission on the part of any person that is actionable at the suit of any person on any ground other than contraven­tion of any such obligation, restriction or enactment as is mentioned in subsection (1) or (4) of this section. 


29.-(1) Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been acquired by a development corporation or local highway authority for the· purposes of the New Towns Act, 1946, or which has been acquired by the Minister of Transport thereunder, may be used in any manner, whether or not involving the erection, construction or carrying out, or maintenance, of any building or work­
(
a) in the case of land acquired by a development corporation or local highway authority, by that corporation or authority or by any other person if that use conforms with planning control, or, 

(b) 
in t)le case of land acquired by the Minister of Transport, by 


him or on his behalf for any purpose for which he acquired the land, notwithstanding anything in any enactment relating to land of that kind, including any enactment, whether public general or local or private, by which any such land is specially regulated. 
(2) 
In this section­

(a) 
the expressions " common ", " open space " and " fuel or field garden allotment" have the meanings assigned to them respectively by section fourteen of this Act ; 

(b) 
the reference to conformity with· planning control shall be construed in accordance with subsection (3) of section twenty-two of this Act, with the substitution for references therein to anything done as therein mentioned of references to any use of land, whether or not involving the doing of any such thing. 

(3) 
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 limitation imposed by law on the capacity of such a body by virtue of its constitution, or as authorising any act or omission on the part of any person that is actionable at the suit of any person on any ground other than contraven­tion of any such enactment as is mentioned in subsection (1) of this section. 


30.-(1) Where the carrying out of redevelopment on land acquired by a development corporation or local highway authority for the purposes of the New Towns Act, 1946, will involve the displacement of persons re<-iding in premises thereon, it shall be the duty of the corporation or authority, in so far as there is not other residential accommodation available on reasonable terms, to secure the provision of such accommodation in advance of the displacements from time to time becoming necessary as tlie re­development proceeds. 
(2) Section one hundred and thirty-seven of the Housing Act, 1936 PART I. 
-cont.
(which imposes obligations as to the provision of housing accommodation 
26 Geo. 5. &
where land is acquired under statutory powers) shall not have effect in 1 Edw. 8. relation to an acquisition under the New Towns Act, 1946. c. 51. 
(3) 
If the Minister certifies that possession of any house which has been acquired and is for the time being held by a development corporatbn or local highway authority for the purposes of the New Towns Act, 1946, is immediately required for the purposes for whicn it was acquired, nothing in the Rent and Mortgage Interest Restrictions Acts, 1920 to 1939, shall be deemed to prevent the corporation or highway authority from obtaining possession of the house. 

(4) 
Where possession of any building, or any part of a building, which has been acquired by a development corporation or local highway authority for the purposes of the New Towns Act, 1946, or which has been acquired by the Minister of Transport thereunder, is required by them or him for th~ purposes for which it was acquired, then, whatever may be the value or rent of the building or part of a building, they or he may obtain possession thereof under the Small Tenements Recovery Act, 1838, as in the cases 1 & 2 Viet. therein provided for, at any time after the tenancy of the occupier has c. 74. expired or has been determined. 

(5) 
A development corporation or local highway authority or the Minister of Transport may pay to any person who is displaced in the carrying out of redevelopment on land which has been acquired by the corporation or authority or Minister for the purposes of or under the New Towns Act, 1946, such reasonable allowance as they think fit towards his expenses in removing, and to a person carrying on any busineso-in a building from which he is so displaced they may pay also such reasonable allowance as they think fit towards the loss which, in their opinion, he will sustain by reason ·of the disturbance to his business consequent on his having to quit the building, and in estimating that loss they shall have regard to the period for which the premises occupied by him might reasonably have been expected to be available for the purpose of his business and the availability of other premises suitable for that purpose. 


50.-(1) Where the Minister of Transport or a development corporation Power of :Or local highway authority is or are authorised to purchase any land entry for f compulsorily under the New Towns Act, 1946, or has or have under ~~:J'eo;e:n~ -consideration the purchase of any land as aforesaid, an officer of the valuation. Valuation Office or any person authorised in writing by the said Minister (Clause 17.) -0r corporation or authority may at all reasonable times, on producing, if so required, evidence of his authority in that behalf, enter on the land, for the purpose of surveying or estimating the value of the land. 
(2) 
An officer of the Valuation Office or any person authorised in writing by the Mini<;ter may at all reasonable times, on producing, if so required, ·evidence of his authority in that behalf, enter on land for the purpose of surveying it or estimating its value in connection with any proposals relating to the land submitted or to be submitted under section three of the New Towns Act, 1946. 

(3) 
Notwithstanding anything in the preceding subsections, admission shall not be demanded as of right to any land which is occupied, unless twenty-four hours' notice of the intended entry has been given to the ·occupier. 


PART I. 
-cont. 
Provisions as to local inquiries. 
(Clause 17.) 
23 & 24 
Geo. 5. c. 51. 
Provisions as to ecclesiastical property. 
(Clause 17.) 
Notification of purchases of war damaged land to War Damage 
Commission. 
(Clause 17.) 
Service of notices. 


(Clause 17.) 
(4) If any person obstructs such an officer or other person in the exercise of any power conferred on him by this section, he shall be liable on sum­mary conviction to a fine not exceeding twenty pounds. 
51.-(1) For the purposes of the excution of his powers and duties under the New Towns Act, 1946, a Minister may cause to be held such local inquiries as are directed by this Act and such other local inquiries as he may think fit. 
(2) Subsections (2) to (5) of section two hundred and ninety of the Local Government Act, I 933 (which relate to the giving of evidence on, and defraying the costs of, local inquiries) shall apply to a local inquiry held in pursuance of this Act as they apply to the local inquiries mentioned in subsection (1) of the said section two hundred and ninety. 
52.-(1) Where the fee simple in any ecclesiastical property is in abey­ance it shall be treated for the purposes of a compulsory purchase of the ,, property authorised under the New Towns Act, 1946, as being vested in the Ecclesiastical Commissioners, and any notice to treat shall be served, or be deemed to have been served, accordingly. 
(2) 
Where under the New Towns Act, 1946, or this Act, any notice, other than a notice to treat, is required to be served on an owner of land, and ~he land is ecclesiastical property, a like notice shall be served on the Ecclesiastical Commissioners. 

(3) 
In this Act the expression " ecclesiastical property " means land belonging to any ecclesiastical benefice, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction. 


(a) 53.-(1) On the date on which notice to treat for the purposes of a purchase under this Part of this Act is served in respect of any interest in land that has sustained war damage any of which has not been made good at that date, or as soon as ·may be after that date, the purchasing authority shall notify the War Damage Commission that such a notice to treat has been served in respect of an interest therein : 
Provided that this subsection shall not apply to a notice to treat deemed by virtue of the Sixth Schedule to this Act to have been served, but when the purchasing authority under a purchase order providing for expedited completion notify the fact that the order has become operative to the proper officer of a council mentioned in section seventeen of this Act for the purpose of the registration of the order in the register of local land charges, or, if the purchasing authority are such a council, when the order is so registered by their proper officer, they shall notify the Commission of that action having been taken. 
54. Any notice or other document required or authorised to be served 
or given under the New Towns Act, 1946, or this Act, may be served or 
given either­
(a) 
by delivering it to the person on whom it is to be served or to 
whdm it is to be given ; or 


(b) 
by leaving it at the usual or last known place of abode of that 
person, or, in a case in which an address for service has been furnished, 
at that address ; or 


(a) 
The words shown in italics in subsection (1) and !.ubsection (2) of the section are repealed by the Acquisition of Land (Authorisation Procedure) Act, 1946. 

(c) 
by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode, or, in a case in which an address for service has been furnished, at that address; or 

(d) 
in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office or sending it in a prepaid registered letter addressed to the secretary or clerk of the company or body at that office ; or 

(e) 
in the case of the War Damage Commission, by delivering it to an officer of the Commission at any office of the Commission, or by sending it in a prepaid registered letter addressed to the Commission at any office of the Commission : 


Provided that a notice or other document that is required or authorised to be served on or given to a person as having an interest in, or being an occupier of, any premises shall be deemed to be duly served on that person­
(i) 
where he is a person having an interest and his name cannot be ascertained after reasonable inquiry, or where he is an occupier, if it is addressed to him by the description of " the owner " or " the occupier", as the case may be, of the premises (describing them), and delivered, left or sent as mentioned in paragraph (a), (b) or (c) of this section ; 

(ii) 
where he is a person having an interest and bis address cannot be ascertained after reasonable inquiry, or where be is an occupier, if the notice or other document (addressed to him either by name or in accordance with paragraph (i) of this proviso, and marked in such manner as may be prescribed for securing that it shall be plainly identifiable as a communication of importance) is sent in a prepaid registered letter to those premises and is not returned to the Minister, corporation or authority sending it, or is delivered to some person on those premises, or is affixed conspicuously to some object on those premises; 


and where a notice or other document is required to be served on or given to all perrnns ·having interests in, or being occupiers of, premises comprised in any land, and any of that land appears to the Minister, corporation or authority required to serve or give the notice or other document to be unoccupied, it shall be deemed to be duly served on all persons having interests in, and of all occupiers (if any) of, premises comprised in the land so appearing to the Minister, corporation or authority (other than an owner who in accordance with the provisions of the New Towns Act, 1946, or this Act in that behalf has furnished the Minister, corporation or authority with an address for service of the notice on him) if it is addressed to " the owners and any occupiers " of the land so appearing (describing it) and marked as aforesaid and is affixed con­spicuously to some object on that land. 
63.-(1) In this Act, except where the context otherwise requires, the expression "prescribed" means prescribed by regulations made by the Minister. 
· (2) Any regulation made under this Act shall be laid before Parliament as soon as may be after they are made, and if either House of Parliament w1thin the period of forty days beginning with the day on which the regulations are laid before that House resolves that the regulations be annulled the regulations shall thereupon become void, without prejudice, however, to the validity of anything previously done thereunder or to the making of new regulations. 
PART I. 
-cont. 
Regulations. 
(Clauses 17 
and 20.) 
PART I. 
-cont. 
56 & 57 Viet. 
c. 66. 
Interpreta­tion. 
(Clause 20.) 
6 & 7 Geo. G. 
c. 29. 
22 & 23 
Geo. 5. c. 48. 15&16Geo.5. 
c. 16. 
20 
In reckoning any such period of forty days as aforesaid no account shall be taken of any time during which Parliament is dissolved or pro­rogued, or during which both Houses are adjourned for more than four days. 
(3) Notwithstanding anything in subsection (4) of section one of the Rules Publication Act, 1893, regulations made under this Act shall be deemed not to be, or to contain, statutory rules to which that section applies. 
. 65.-(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say­
" appropriate Minister," in relation to a statutory undertaking, has the meaning assigned to it by section thirteen of this Act ; " ecclesiastical property " has the meaning assigned to it by section fifty-two of this Act ; 
" first local advertisement " means, in relation to the publication of a notice as respects any land, the first publication of the notice in a newspaper circulating in the locality where the land is situated, and includes, in relation to a notice so published once only, the publication thereof; 
"Gazette and local advertisement" means, in relation to an ap­plication, order or certificate relating to any land, publication in the London Gazette and, in each of two successive weeks, in one or more newspapers circulating in the locality in which the land is situated : 
"interim development application" and "interim development authority" have the same meanings as in the Town and Country Planning (Interim Development) Act, 1943; 
" local highway authority " means a highway authority other than the Minister of Transport, and includes the London County Council; 
" local planning authority " has the meaning assigned to it by section fifty-five of this Act ; 
"owner," in relation to any building or land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the building or land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the building or land under a lease or agreement, the unexpired term whereof exceeds three years : 
"planning scheme" means a scheme under the Town and Country Planning Act, 1932, and includes a town planning scheme under the Town Planning Act, 1925 or any enactment repealed by that Act; 
"purchasing authority" includes a development corporation pur­chasing under section four of the New Towns Act. 1946, and the Minister of Transport purchasing under section three of this Act; 
" purchase order proviaing for expedited completion " has the meaning assigned to it by subsection (3) of section eighteen of this Act; 
"statutory undertaking" has the meaning assigned to it by section thirteen of this Act ; "Valuation Office" means the Valuation Office of the Inland Revenue Department ; "war damage" has the meaning assigned to it by the War Damage Act, 1943. 
(2) 
References in this Act to any other enactment shall, unless the context otherwise requires, be construed as references to that enactment as amended by this Act or by or under any other enactment. 

(3) 
Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of the Sixth Schedule to this Act or of any other enactment, is to be deemed to be served. 


PART I. 
-cont. 
6 & 7 Geo. 6. 
c. 91. 
(Clauses 1, 4 and 7 and Schedule L) 

22 SCHEDULES 
FIRST SCHEDULE 
PROCEDURE FOR DEALING WITH OBJECTIONS 1.-(1) The following provisions of this Schedule shall have effect where an objection is duly made to­
(a) Town a proPosal to make s Act, 1946 ;  an  order under section one of the New  
(b)  a  proposal to make  an  order under section twenty-three of  

this Act; 
(c) 
the making of an order under section twenty-six or twenty­seven of this Act ; 

(cl) 
an order authorising a compulsory purchase submitted by a development corPoration or local highway authority, or prepared in draft by the Minister of TransPort, in acc.ordance with the provisions of the Second Schedule to this Act ; 


and is not withdrawn. 
(2) 
An objection shall not be deemed for the purposes of any of the said enactments or of this Schedule to be duly made unless­

(a) 
it is made within the time and in the manner specified in the notice required by the relevant enactment referred to in the preceding sub-paragraph or by any enactment incorPorated therewith, and 

(b) 
the objection comprises, or there is submitted therewith, a statement in writing of the grounds thereof. 

(3) 
In this Schedule, the expression " the Minister " means the Minister or Ministers having jurisdiction to make or confirm the order in question. 


2. 
Unless the Minister decides apart from 'the objection not to make or confirm the order, or decides to make a modification agreed to by the person making the objection as meeting the objection, the Minister shall, before deciding whether to make or confirm the order, or what modification if any ought to be made, consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the person making the objection to submit within a specified period a further statement in writing as to any of the matters to which the objection relates. 

3. 
In so far as the Minister is satisfied, after considering the grounds of the objection as set out in the original statement and any such further statement­


(
a) that the objection relates to a matter which can be dealt with by an arbitrator by whom compensation is to be assessed, or 

(b) 
in the case of an objection to an order authorising a compulsory purchase of land designated by an order under section one of the New Towns Act, 1946, as the site of a new town, that the objection is made on the ground that the purchase is unnecessary or inexpedient, 


the Minister may treat the objection as irrelevant for the purpose of his deciding as aforesaid. 

4. If after considering the grounds of the objection as set out in the lsT SCH. 
-cont.
Dri~nal statement and any such further statement, the Minister is satisfied that he is sufficiently informed, for the purpose of his deciding as aforesaid, as to the matters to which the objection relates, or if where a further statement has been required it is not submitted within the specified period, the Minister may decide as aforesaid without further investigation as to those matters. 
5. 
Subject as mentioned in the two last preceding paragraphs, the Minister shall, before deciding as aforesaid, afford to the person making the objection an opportunity of appearing before and being heard by a person appointed for the purpose by the Minister, and if he avails himself thereof the Minister shall afford an opportunity of appearing and being heard on the same occasion to the authority or other person (if any) making the application or representation or submitting the order in question and to any other persons to whom it appears to the Minister to be expedient to afford it. 

6. 
Notwithstanding anything in paragraphs 2 to 5 of this Schedule, if it appears to the Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he decides as aforesaid, he shall cause such an inquiry to be held, and where he determines to cause such an inquiry to be held any of the requirements of those paragraphs to which effect has not been given at the time when he so determines shall be dispensed with. 


SECOND SCHEDULE  (Clauses 4 and 7.)  
PROCEDURE FOR AUTHORISING COMPULSORY  
PURCHASE  
PART I  
Purchases by development corporations and local highway authorities.  

1.-(1) An order made by a development corporation or local highway authority authorising a compulsory purchase under the New Towns Act, 1946, shall designate the land to which the order relates by reference to a map or maps annexed thereto either with or without descriptive matter (which, in case of any discrepancy with the map or maps, shall prevail except in so far as may be otherwise provided by the order). 
(2) Subject as aforesaid the form of rnch an order shall be such as may be prescribed. 
2.-(1) After submitting such an order to the Minister, the corporation or 
•
authority shall publish a notice in the prescribed form describing the land, stating that an order authorising the compulsory purchase thereof has been submitted to the Minister, naming a place where a copy of the order and of the map or maps and any descriptive matter annexed thereto may be seen at all reasonable hours, and specifying the time (not being less than twenty-eight days from the first local advertisement) within which, and the manner in which, objections to the order may be made. 
(2) In the case of any such order as to which the Minister so directs, the corporation or authority shall serve on every owner of any of the land to which the order relates a notice to the like effect as that of the notice required by the preceding sub-paragraph to be published: 
2ND SCH. Provided that this sub-paragraph shall not have effect in the case of an 
-cont. 
order which relates only to land within the area designated by an order under section one of the New Towns Act, 1946, as the site of a new town. 
(3) The notice required as aforesaid to be published shall be published­
(a) in the case of an order which relates only to land within the area designated by an order under section one of the New Towns Act, 1946, as the site of a new town, and in any other case in which service on owners is not effected, by Gazette and local advertise­ment and by affixing a copy thereof, addressed to " the owners and any occupiers" of the land (describing it), to some conspicuous object or objects on the land ; or 
(b) 
in a case in which service as aforesaid is effected, in one or more newspapers circulating in the locality in which the land to which the order relates is situated. 

(4) 
Public2.tion as •aforesaid, and service as aforesaid if any, shall be effected, in the case of an order which relates only to land within the area designated by an order under section one of the New Towns Act, 1946, as the site of a new town, as soon as may be after the order has been submitted, and, in any other case, as ~oon as may be after the order has been sub­mitted and any direction of the Mini'lter as to service on owners has been given or he has notified the authority that he does not propose to give any such direction. 


3. 
The provisions of the First Schedule to this Act shall have effect in relation to the order if any objection thereto is duly made. 

4. 
Subject to the provisions of the said Schedule in a case in which those provisions have effect, the Minister may confirm the order as submitted, either without modification or with any modification except (unless all persons interested consent) a modification extending the order to any land not designated by the order as submitted. 

5. 
As soon as mav be after the order has been confirmed the corporation or authority shall -publish in one or more newspapers circulating in the locality in which the land thereby designated is situated a notice in the prescribed form describing the land, stating that the order has been con­firmed and naming a place where a copy of the order and of the map or maps and any descriptive matter annexed thereto may be seen at all reasonable hours, and shall serve a like notice on­


(
a) any owner or occupier of any of the land thereby designated who, at any time after the publication of the notice of the order as submitted, has sent to the corporation or authority a request in writing to serve him with the notice required by this paragraph specifying an address for service and giving the prescribed particulars of his inte1e5t; 

(b) 
any person who has duly made an objection to the order and at the time of making it or thereafter has sent to the corporation or authority such a request as aforesaid ; and 

(c) 
such other persons, if any, as the Minister may specify, whether individually or as members of a class ot persons. 


6. The Minister may by regulations make provision for enabling pro­ceedings required for the purposes of paragraphs 1 to 3 of this Schedule to be taken, in the case of an order authorising a compulsory purchase of 
land in an area proposed to be designated as the site of a new town by an order a draft of which has been published in accordance with the First Schedule to the New Towns Act, 1946, contemporaneously with the pro­ceedings on that order, so far as may be practicable. 
PART II 	2ND ScH. 
-cont. Purchases by the Minister of Transport 
7.-(1) An order made by the Minister of TransPort authorising a com­pulsory purchase under the New Towns Act, 1946, other than an order giving an authorisation in accordance with section thirteen of this Act, shall designate the land to which it relates as mentioned in sub-paragraph 
(1) 
of paragraph 1 of this Schedule. 

(2) 
Subject as aforesaid the form of such an order shall be such as the .M!nister of Transport may determine. 


8. 
Where the Minister of Transport proposes to make such an order he shall prepare a draft thereof and shall as soon as may be thereafter publish in the manner mentioned in paragraph 2 of this Schedule and, in ar1J case in which he thinks it requisite so to do, serve on every owner of any of the land to which the draft relates, a notice, in such form as he may determine, similar, with requisite adaptations, to the notice mentioned in that para­graph. 

9. 
Paragraphs 3, 4 and 5 of this Schedule shall have effect in relation to such an order, with the substitution, for references to the Minister of Town and Country Planning and to the corporation or authority, of references to the Minister of TransPort, and, for references to an order as submitted and to the confirmation of an order, of references respectively to an order as prepared in draft and to the making of an order. 


THIRD SCHEDULE 	(Clauses 4 and 7.) 
PROCEDURE FOR AUTHORISING COMPULSORY PURCHASE OF STATUTORY UNDERTAKERS' LAND 
PART I 
Purchases by development corporation or local highway authority 
1. 
An application by a development corPoration or local highway authority for the purposes of paragraph (a) of subsection (4) of section thirteen of this Act shall be in such form as may be prescribed, and shall describe by reference to a map the land to which the application relates. 

2. 
As soon as may be after submitting the application to the Minister and the appropriate Minister the corporation or authority shall serve on every owner, lessee and occupier of any land to which the application relates a notice in the prescribed form describing the land, stating that an application under the said subsection (4) has been submitted in relation to the land and is about to be considered by the Minister and the appro­priate Minister, naming a place where a copy of the application and of the map referred to therein may be seen at all reasonable hours, and specifying the time (not being less than twenty-eight days from the service of the notice) within which, and the manner in which, objections to the application maybe made. 


3.-(1) If no objection is duly made by any of the persons on whom notices are required to be served, or if all objections so made are with­drawn, the Minister and the appropriate Minister may, if they think fit, make an order in accordance with the application, either without 3RD SCH. modification or with any modification except (unless all persons interested 
-cont. 
consent) a modification extending the order to any land to which the application did not relate. 
(2) 
If any objection is duly made by any of the persons on whom notices are required to be served and is not withdrawn, the Minister and the appropriate Minister shall before making an order on the application consider the objection and shall, if either the person by whom the objection was made or the corporation or authority so desire, afford that person and the corporation or authority an opportunity of appearing before and being heard by a person appointed by the Minister and the appropriate Minister for the purpose, and may then, if they think fit, make an order as aforesaid. 

(3) 
An objection shall not be deemed for the purposes of the said sub­section (4) or of this Schedule to be duly made unless­

(a) 
it is made within the time and in the manner specified in the notice in that behalf, and 

(b) 
the objection comprises, or there is submitted therewith, a statement in writing of the grounds thereof. 


4. An order made on such an application shall be in such form as the Minister and the appropriate Minister may determine, and shall describe by reference to a map the land to which the order relates. 
5.-(1) As soon as may be after an order has been made on such an application the corporation or authority shall serve on every owner, lessee and occupier of any land to which the order relates a notice in the pre­scribed form stating that the order has been made and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours. 
(2) In relation to an order made on such an application references in this Act to notices of the confirmation of an order required to be published shall be construed as references to the notices required by the preceding sub-paragraph to be served, and references to the date of first publication of notices of the confirmation of an order shall be construed as references to the date on which the service of notices required by the preceding sub-paragraph is completed. 
PART II 
Purchases by the Minister of Transport 
6. 
Alf order made by the Minister of Transport and the appropriate Minister for the purposes of paragraph (b) of subsection (4) of section thirteen o:i: this Act shall be in such form as they may determine, and shall describe by reference to a map the land to which the order relates. 

7. 
Where the Minister of Transport and the appropriate Minister propose to make such an order, they shall prepare a draft thereof, and shall as-soon as may be thereafter serve on every owner, le5'see and occupier of any land to which the draft relates a notice in such fomi as they may determine de:cribing the land, stating that the making of the order is proposed, naming a place where a copy of the draft and oi the map referred to therein may be seen at all reasonable hours, and specifying the time (not being less than twenty-eight days from the service of the notice) within which, and the manner in which, objections to the proposal may be made. 


· 8. ·Paragraphs 3 and 5 of this Schedule shall have effect in relation to 3RD Seu. 
-cont.
such an order, with the substitution for references to the Minister of Town and Country Planning of references to the Minister of Transport and, for references to an application and to the making ot an order thereon, of references to an order as prepared in draft and to the making of an order, with the omission ot the references in subparagraph (2) of paragraph 3 to the applicant corporation or authority, and with the rnb~titution for the references in paragraph 5 to that corporation or authority of a reference to the Minister of Transport. 
FOURTH SCHEDULE 

ASSESSMENT OF COMPENSATION TO STATUTORY 
UNDERTAKERS 

PART I 
Amount of Compensation 
I. The compensation to be paid­
(a) 
in respect of a compulsory purchase authorised under sub­section (4) of section thirteen of this Act, as respects the interest of the person by whom the statutory undertaking in question is carried on, 

(b) 
in respect of the extinguishment of any right, or the imposition of any requirement, under section twenty-five of this Act, 


shall in default of agreement be assessed by the arbitration of the tribunal constituted in accordance with the provisions of Part II of this Schedule, and the amount of the compensation shall be an amount calculated in accordance with the provisions of the next following paragraph : 
Provided that, as respects compensation in respect of a compulsory purchase, if, before the expiration of two months from the date on which notice to treat is served in respect of the interest of the person by whom the statutory undertaking is carried on, that person gives notice in writing to the purchasing authority that he elects that as respects all or any of the land comprised in the purchase the compensation shall be ascertained in accordance with the enactments, other than rule (5) of the rules set out in section two of the Acquisition of Land (Assessment of Compensa­tion) Act, 1919, which would be applicable apart from the provisions of this Schedule, the compensation shall be so ascertained. 
2.-(1) The amount of the said compensation shall, subject to the provisions of this paragraph, be the aggregate of the following amounts, that is to say,­
(a) the amount of any expenditure reasonably incurred in acquiring land, providing apparatus, erecting buildings or doing work for the purpose of any adjustment of the carrying on of the undertaking rendered necessary by the proceeding giving rise to compensation ; and 
(Clauses 4, 6 and 7.) 
4TH SCH. 
(b) where any such adjustment is made, the estimated amount 
-cont. 
of any decrease in net receipts from the carrying on of the under­taking pending the adjustment, in so far as the decrease is directly attributable to the said proceeding, together with such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking in the period after the adjustment has been completed, in so far as the decrease is directly attributable to the adjustment ; or 
(c) 
where no such adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking which is directly attributable to the proceeding giving rise to compensation ; and 

(d) 
in the case of compensation in respect of the imposition of a requirement under section twenty-five of this Act to remove any apparatus, any expense reasonably incurred by the person carrying on the undertaking in complying with the requirement, reduced by the value after removal of the apparatus removed. 

(2) 
The amount of any compensation assessed in accordance with the preceding sub-paragraph shall be reduced by such amount (if any) as. appears to the tribunal to be appropriate to offset­

(a) 
the estimated value of any property (whether moveable or immoveable) belonging to the person carrying on the statutory undertaking in question and used for the carrying on thereof which as the result of any such adjustment as is mentioned in the preceding sub-paragraph ceases to be so used, in so far as the value of the property has not been taken into account under head (d) of the preceding sub-paragraph ; and 

(b) 
the estimated amount of any increase in net receipts from the carrying on of the undertaking in the period after any such adjust­ment has been completed, in so far as that amount has not been taken into account under head (b) of the preceding sub-paragraph and is directly attributable to the adjl}stment, 


and by any further amount which appears to the tribunal to be appropriate having regard to any increase in the capital value of immoveable property belonging to the person carrying on the statutory undertaking in question which is directly attributable to any such adjustment as aforesaid, allowance being made for any reduction made under head (b) of this sub-paragraph. 
(3) 
References in this paragraph to a decrease in net receipts shall be construed as references to the amount by which a balance of receipts over expenditure is decreased, or of expenditure over receipts is increased, or, where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, as references to the aggregate of the two balances ; and references to an increase in net receipts shall be construed accordingly. 

(4) 
In this paragraph the expression "proceeding g1vmg rise to compensation" means the particular action (that is to say, purchase, extinguishment of a right or imposition of a requirement) in respect of which compensation falls to be assessed, as distinct from any develop­ment or project in connection with which the action in question may have been taken. 


4TH SCH.
PART II 
-cont. Tribunal for assessment of compensation to statutory undertakers 
3.-(1) The tribunal for the assessment of compensation referred to in Part I of this Schedule shall consist of four persons, namely­
(a) 
a barrister or solicitor of not less than seven years' standing, appointed by the Lord Chancellor to act as chairman ; 

(b) 
two persons appointed by the Minister as persons having special knowledge and experience of the valuation of land and of civil engineering respectively ; and 

(c) 
for each claim coming before the tribunal, a person selected by the appropriate Minister, as a person having special knowledge and experience of statutory undertakings of the kind carried on by the claimant, from the members of a panel appointed by appropriate Ministers of persons appearing to them to have such knowledge and experience of statutory undertakings. 

(2) 
The Treasury may pay out of moneys provided by Parliament to the members of the tribunal such remuneration (whether by way of salaries ()r by way of fees), and such allowances, as the Tre.asury may determine. 

(3) 
The provisions of sections three, five and six of the Acquisition of Land .(Assessment of Compensation) Act, 1919, shall apply in relation to the tribunal and proceedings before the tribunal as they apply in relation to an official arbitrator and proceeding5 before an official arbitrator, with the substitution for references in the said section five to the acquiring authority of references to the authority or Minister from whom compensa­tion is claimed and with the modification that rules regulating the procedure before the tribunal shall be made by the Lord Chancellor. 


FIFTH SCHEDULE 	(Clauses 4 and 7.) 
MODIFICATIONS OF LANDS CLAUSES ACTS AND ACQUISI­
TION OF LAND (ASSESSMENT OF COMPENSATION) ACT, 1919 
FOR PURPOSES OF NEW TOWNS ACT, 1946 AND PART I OF 
THIS ACT. 

PART I 
The Land Clauses Acts. 
1.-(1) In construing the Land5 Clause~ Acts ac:; incorporated with the New Towns Act, 1946, and Part I of this Act­
(a) 
the New Towns Act, 1946, and Part I of this Act, or, in relation 
to a compulsory purchase, the New Towns Act, 1946, and Part I of this 
Act and the order by which the purchase is authorised, shall be 
deemed to be the special Act ; 


(b) 
in relation to a compulsory purchase, references to the promoterc:; 
of the undertaking shall be construed as references to the purchasing 
authority; 


(c) 
references to the execution of the works shall be construed as 
including references to any erection, construction or carrying out of 
buildings or works authorised by the New Towns Act, 1946, and Part I 
of this Act, and in relation to any such erection, construction or 
carrying out, the reference in section sixty-eight of the Lands Clauses 



5TH SCH. Consolidation Act, 1845, to the promoters of the undertaking shall be 
--ront. 
construed as references to the person by whom, the buildings or works in question are erected, constructed or carried out ; and 
(d) 
references to the execution of the works shall be construed as including also references to any erection, construction or carrying out of buildings or works on behalf of the Minister of Transport, on land purchased by him under section three of this Act, for the purposes for which the land was purchased. 

(2) 
For the purposes of section one hundred and twenty-three of the Lands Clauses Consolidation Act, 1845 (which provides that powers of compulsory purchase shall not be exercised after the expiration of the prescribed period) the prescribed period shall be, in relation to any purchase, three years from the coming into operation of the order authorising it. 


2. The following sections of the Lands Clauses Consclidation Act, 1845, shall be excepted from incorporation with the New Towns Act, 1946, and Part I of this Act, that is to say,­
(a) 
sections one hundred and twenty-seven to one hundred and thirty-two (which relate to sale of superfluous land) ; 

(b) 
section one hundred and thirty-three (which relates to promoters making good deficiencies in land tax and rates) ; and 

(c) 
sections one hundred and fifty and one hundred and fifty-one (which relate to access to the special Act). 


3. The purchasing authority shall, without prejudice to any power in that behalf exercisable by them apart from this paragraph, be entitled, notwithstanding anything in section eighteen of the Lands Clauses Consolidation Act, 1845, or in any other provision of the Lands Clauses Acts, to purchase one or some of two or more interests subsisting therein without purchasing the other or others of them. 
4.-(1) When the purchasing authority have served notice to treat on every owner of any land, they may at any time thereafter serve a notice on every occupier of any of the land, and on every other person who having been served with a notice to treat has requested the authority in writing to serve him with any notice under this sub-paragraph and has furnished them with an address for service thereof, describing the land to which the notice relates and stating their intention to enter on and take possession thereof at the expiration of such period (not being less than fourteen days) from the date on which the notice is served as may be therein specified. 
(2) 
At the expiration of the period specified in such a notice (or, where two or more such notices are required, and the periods specified in the several notice~ do not expire at the same time, of the last of those periods to expire), or at any time thereafter, the purchasing authority may enter on and take possession of the land without previous consent or compliance with sections eighty-four to ninety of the Lands Clauses Consolidation Act, 1845, but subject to the payment of the like compensation for the · land of which posse&.ion is taken, and inte1est on the compensation agreed or awarded, as they would have been required to pay if those provisions had been complied with. 

(3) 
This paragraph shall not have effect in relation to a purchase authorised by a purchase order providing for expedited completion being a purchase ot land as respects which the provisions of the Sixth Schedule to this Act apply to the order. 


5.-(1) The following provisions shall have effect in substitution for the provisions of section ninety-two of the Land:> Clauses Consolidation Act, 1845, that is to say, no person shall be required +o sell a part only of any house, building or manufactory, or of a park or garden belonging to a house, if he is willing and able to sell the whole of the house, building, manufactory, park or garden, unless the arbitrator determines that, in the case of a house, building, or manufactory, such part as is proposed to be taken can be taken without material detriment to the house, building or manufactory, or, in the case of a park or garden, that such part as aforesaid can be taken without seriously affecting the amenity or convenience ot the house, and, if be so determines, he shall award com­pensation in respect of any loss due to the severance of the part so proposed to be taken, in addition to the value of that part, and thereupon the pa1ty interested shall be required to sell to the purchasing authority that part of the home, building, manufactory, park or gard~n. 
(2) This paragraph shall not have effect in relation to a purchase authorised by a purchase order, providing for expedited completion, being a purchase of land as respects which the provisions of the Sixth Schedule to this Act apply to the order. 
6. 
Where land being ecclesiastical property is purchased compulsorily, sums agreed upo:µ or awarded for the purchase of the land, or to be paid by way of compensation for damage sustained by the owner by reason of severance or injury affecting other such land, shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Ecclesiastical Commissioners to be applied for the purposes forwhich the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising such a sale. 

7. 
Notices required to be served by the purchasing authority may, notwithstanding anything in section nineteen of the Lands Clauses Consolidation Act, 1845, be served and addressed in the manner specified in section fifty-four of this Act in relation to notices required to be served under this Act. 


PART II 
The Acquisition of Land (Assessment of Compensation) Act, 1919 
8. The arbitrator shall not take into account any interest in land, or any enhancement of the value of any interest in land by reason of any building erected, work done or improvement or alteration made, whether on the land purchased or on any other land with which the claimant is, or was at the time of the erection, doing or making of the building, works, improvement or alteration, directly or indirectly concerned, if the arbitrator is satisfied that the creation of the interest, the erection of the building, the doing of the work, the making of the improvement or the alteration, as the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation. 
9.-(1) As respects any house in the area of a local authority for the purposes of the provisions ·of Part III of the Housing Act, 1936, relating to clearance areas which in their opinion is unfit for human habitation and not capable at reasonable expense of being rendered so fit, and which is comprised­
(a) in land designated by an order under section one of the New Towns Act, 1946, as the site of a new town, or 
5TH SCH. 
-cont. 
26 Geo. 5. & 1 Edw. 8. 
c. 51. 
5TH SCH. (b) in land for the compulsory purchase of which a development 
-cont. 
corporation or local highway authority have resolved to seek au­thorisation under any enactment contained in or incorporated with. the New Towns Act, 1946, or as respects which the Minister of Trans­port proposes to make an order under section three of this Act, 
the local authority for the purposes of the said provisions of the said Part III may make and submit to the Minister of Health an order in such form as may be prescribed by regulations made by the said Minister under section one hundred and seventy-six of the Housing Act, 1936, declaring the house to be in that state, and, if the order is confirmed by him, the compensation to be paid for the house on a compulsory purchase thereof pursuant to any authorisation given by an order under any enactment contained in or incorporated with the New Towns Act, 1946, confirmed or made by the Minister having jurisdiction to give such authorisation, either before or within two years after the confirmation by the Minister of Health of the order submitted under this paragraph, shall be assessed in like manner as if it had been land purchased com­pulsorily under the said Part III as being comprised in a clearance area, and the Acquisition of Land (Assessment of Compensation) Act, 1919, shall accordingly have effect, in its application for the purposes of the New Towns Act, 1946, and Part I of this Act, subject to this provision. 
(2) 
Before submitting an order under this paragraph to the Minister of Health, the local authority shall serve on every owner, and, so far as it is reasoµably practicable to ascertain such persons, on every mort­gagee, of the house or of any part thereof, a notice in such form as may be. prescribed as mentioned in the preceding sub-paragraph, stating the effect of the order and that it is about to be submitted to the said Minister for confirmation, and specifyng the time within which, and the manner in which, objection thereto can be made. 

(3) 
If no objection is duly made by any of the persons on whom notices are required to be served, or if all objections so made are withdrawn, the said Minister may, if he thinks fit, confirm the order, but in any other case he shall before confirming the order consider any objection not withdrawn and shall, if either the person by whom the objection was made or the local authority so desire, afford that person and the authority an opportunity of appearing before and being heard by a person appointed by the said Minister for the purpose, and may then, if he thinks fit, confirm the order. 

(4) 
Where the provisions of sub-paragraph (1) of this paragraph have effect as to the compensation to be paid for a house on a compulsory purchase thereof under any enactment contained in or incorporated with the New Towns Act, 1946, the provisions of section forty-two of the Housing Act, 1936 (which relate to payments in respect of well-maintained houses) shall have effect, as they have effect where a house is made the subject of a compulsory purchase order under the said Part III as being unfit for human habitation, if the Minister of Health is satisfied as men­tioned in that section on a repr;esentation made to him by a person who would be entitled to any payment under that section or to a share thereof within three months from his first becoming aware that a notice to treat for the purchase of any interest in the house has been served: 


Provided that, in the application of that section for the purposes of this sub-paragraph, there shall be substituted, for references therein to the local authority therein mentioned and to the order therein men­tioned, references respectively to the purchasing authority and to the order by which the purchase of the house is authorised. 
(5) In this paragraph the expression " house " has the same meaning 5TH ScH. 
-cont.
as in the Housing Act, 1936, and in determining for the purposes of this paragraph whether a house is fit for human habitation regard shall be had to the matters to which regard is required by that Act, to be had in determining that question for the purposes of that Act, and sections one hundred and fifty-seven and one hundred and fifty-eight of that Act (which relate to the surveying and examination of land) shall have effect as if the powers conferred by this paragraph were powers under that Act. 
(Clauses 4
SIXTH SCHEDULE 
and 7.) 
PROCEDURE FOR COMPLETION OF COMPULSORY 
PURCHASE UNDER ORDERS PROVIDING FOR 
EXPEDITED COMPLETION 

PART I 
Procedure for expedited completion 
1.-(1) Except as provided by sub-paragraph (3) of this paragraph, when a purcha5e order providing for expedited completion has come into operation the Lands Clauses Acts and the Acquisition · of Land (Assessment of Compensation) Act, 1919, shall have effect as if a notice to treat (that is to say, such a notice as is mentioned in section eighteen of the Lands Clauses Consolidation Act, 1845) had been served on every person on whom the purchasing authority could under the terms of that section (and on the assumption of their requiring to purchase or take all the land as respects which this Schedule applies by virtue of the order, and of their having knowledge of all parties referred to in that section) have served such a notice. 
(2) 
The date on which a notice to treat is to be deemed by virtue of the preceding sub-paragraph to have been served on any party in respect of any interest in land shall be the date on which the order is registered in the register of local land charges by the proper officer of the council mentioned in section seventeen of this Act in whose area that land is situated. 

(3) 
Notwithstanding anything in sub-paragraph (1) of this paragraph, no notice to treat shall be deemed to be served on any person in respect of an interest being either­

(a) 
a minor tenancy (that is to say a tenancy for a year or from 
year to year or any less interest) ; or 


(b) 
a long tenancy which is about to expire (that is to say, a 
tenancy granted for an interest greater than a minor tenancy but 
having, at the date when apart from this provision notice to treat 
would be deemed by virtue of the said sub-paragraph (1) to be 
served on the owner of the tenancy, still to run only such period 
longer than a year as may be specified in the order for the purposes 
of the operation of this provision in relation to the land in which the 
tenancy subsists, the period which the tenancy has then still to run 
being ascertained on the assumption that the tenant will exercise 
any option to renew the tenancy, and will not exercise any option 
to determine the tenancy, then or thereafter available to him, and 
that the landlord will exercise any option to determine the tenancy 
then or thereafter available to him). 



6TH ScH. (4) The reference in sub-paragraph (1) of this paragraph to the Lands 
-cont. 
Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919, is to those enactments as modified by the Fifth Schedule to this Act and by paragraph 3 and Part II of this Schedule (and as amended by Part II of this Act). 
2. The notice of the confirmation of an order authorising compulsory purchase required by this Act to be published shall, in the case of a purchase order providing for expedited completion, include a notification to the effect that every person entitled to claim compensation in respect of any of the land as respects which this Schedule applies by virtue of the order, or in respect of any interest in any such land, is invited to give information to the purchasing authority in such form as may be prescribed of his name and address and of the land and interest in question. 
3.-(1) At any time or from time to time afterthe coming into operation of a purchase order providing for expedited completion, but not earlier than such time as is mentioned in sub-paragraph (2) of this paragraph, the purchasing authority may execute, as respects an area consisting either of the whole or a part of the land as respects which this Schedule applies by virtue of the order, a declaration designating that area and stating­
(
a) their intention to enter on the land in the designated area and take possession thereof at the expiration of such period (not being less than fourteen days) as may be specified therein from the date on which the service of notices on occupiers required by sub­paragraph (3) of this paragraph is completed ; and 

(b) 
that the land in the designated area is to vest in the authority at the expiration of that period. 

(2) 
The earliest time at which such a declaration may be executed shall be the expiration of two months from the date of first publication of the notice of confirmation of the order required by this Act to be published: 


Provided that the order may provide for the substitution of a period longer or shorter than two months for the purposes of the operation of this sub-paragraph as respects any land, so however, that provision for the substitution of a shorter period shall not be so made in relation to any land unless the order as submitted or the draft of the order or the application therefor, as the case may be, made such provision in relation thereto. 
(3) 
As soon as may be after executing such a declaration the purchasing authority shall serve upon every occupier of any of the land in the area designated thereby (other than any of the land therein in which a minor tenancy, or a long tenancy which is about to expire, is subsisting), and on every other person who has given information to the authority in relation to any of the land therein pursuant to such invitation as is mentioned in paragraph 2 of this Schedule, a notice describing that area and stating the effect of the declaration. 

(4) 
At the expiration of the period specified in such a declaration from the date on which the service of notices on occupiers required by the last preceding sub-paragraph is completed (as to which date a certificate given by the purchasing authority shall be conclusive)­

(a) 
there shall vest in the purchasing authority the right to enter on and take possession of ~he land in the area designated by the 


declaration or any of it without previous consent or compliance with 6TH Sen. sections eighty-four to ninety of the Lands Clauses Consolidation -cont. Act, 1845 ; and 
(b) the land in the area designated by the declaration shall vest in the purchasing authority as if the circumstances in which under that Act the promoters of an undertaking have powers to execute a deed poll for vesting in them lands or any estate or interest in lands, or for the extinguishment of, or of a portion of, any rent service, rentcharge, chief or other rent, payment or incumbrance, had arisen as regards all the said land and, subject to the next succeeding sub­paragraph, as regards all interests therein, and the authority had duly exercised those powers accordingly at the expiration of the said period; 
but the purchasing authority shall be liable to pay the like compensation for tile said land, and interest on the compensation agreed or awarded, as they would have been required to pay if the provisions of sections eighty-four to ninety of the said Act, and the provisions thereof compliance with which would have been requisite in order to render the said powers exercisable by them, had been complied with. 
(5) Notwithstanding anything in sub-paragraph (1) or (4) of this paragraph, the following provisions shall have effect as respects land in an area designated by a declaration made under sub-paragraph (1) of this paragraph in which a minor tenancy, or a long tenancy which is about to expire, is subsisting, that is to say­
. (a) in the case of a minor tenancy, the right of entry conferred by sub-paragraph (4) of this paragraph shall not be exercisable, and the vesting of the land in the authority shall be subject to the tenancy during its subsistence, but without prejudice to any power to require a tenant to give up possession exercisable by the purchasing authority by virtue of the Lands Clauses Acts ; 
(b) 
in the case of a long tenancy which is about to expire, the right of entry conferred by sub-paragraph (4) of this paragraph shall not be exercisable unless or until the purchasing authority have served notice to treat in respect of the tenancy and they have thereafter served a notice upon every occupier of any of the land in which the tenancy subsists describing the land to which the notice relates and stating their intention to enter on and to take posession thereof at the expiration of such period (not being less than fourteen days) from the date on which the notice is served as may be therein specified, and that period has expired, and the vesting of the land in the authority shall be subject to the tenancy until the expiration of that period or . the cesser of the tenancy, whichever !1-rst occurs. 

(6) 
Every notice of the confirmation of a purchase order providing for expedited completion required by this act to be published shall refer to the provisions as to entry and vesting contained in sub-paragraph (4) of this paragraph. · 


4. Where the land as respects which this Schedule applies by virtue of a purchase order providing for expedited completion comprises part only of any house, building or manufactory, or of a park or garden belonging to a house, then if at any time after the coming into operation of the order and before the making of a declaration under the last preceding paragraph as respects the said part any person having an 

6TH SCH. 
-cont. 
58 & 59 Viet. 
c. 16. 
15&16Geo.5. 
c. 20. 
2 & 3 Geo. 6. 
c. 21. 
36 
interest therein in respect of which a notice to treat would otherwise be deemed by virtue of this Schedule to have been served gives notice to the purchasing authority in that behalf, no notice to treat shall be deemed by virtue of this Schedule to have been served in respect of any interest in the said part, and as from the giving of the notice the order shall have effect in relation to the said part as if this Schedule had not been applied thereto. 
5.-(1) Where the compensation payable in respect of an interest which becomes vested in a purchasing authority by virtue of paragraph 3 of this Schedule, or the amount of any sum payable as a supplement thereto, is not finally ascertained at the time of such vesting, section twelve of the Finance Act, 1895 (which provides for the collection of stamp duty, where property is vested by way of sale by virtue of an Act, within three months from the date of vesting) shall have effect, as respects the vesting of that interest, with the substitution for the reference therein to the date of vesting of a reference to the date on which the compensation, together, if any sum is payable as a supplement thereto, with the amount of that sum, has become finally ascertained. 
(2) Where after the vesting in a purchasing authority under para­graph 3 of this Schedule of any land a person retains possession of any document relating to the title to the land, he shall be deemed to have given to the authority an acknowledgment in writing of the right of the authority to production of that document and to delivery of copies thereof, and (except where he retains pos5ession of the document as mortgagee or as trustee or otherwise in a fiduciary capacity) an under­taking for safe custody thereof, and section sixty-four of the Law of Property Act, 1925, shall have effect accordingly, and on the basis that the acknowledgment and undertaking did not contain any such expression of contrary intention as is mentioned in that section. 
PART II 
Adjustments where provision for expedited completion made 
6.-(1) The time within which a question of disputed compenr.ation arising out of an acquisition of an interest in land in re$pect of which a notice to treat is deemed to have been served by virtue of this Schedule may be referred to arbitration shall be the expiration of six; years from the date at which the person claiming compensation or a person under whom he derives title first knew, or could reasonably be expected to have known, of the vesting of the interest by virtue of paragraph 3 of this Schedule. 
(2) This paragraph shall be construed as one with Part I of the Limitation Act, 1939. 
7. 
The power conferred by subsection (2) of section five of the Acquisition of Land (Assessment of Compensation) Act, 1919, or that subsection as applied by paragraph 3 of the Fourth Schedule to this Act, to withdraw a notice to treat shall, in the case of a notice to treat which is deemed to have been served by virtue of this Schedule, not be exercisable at any time after the vesting by virtue of paragraph 3 of this Schedule of the interest in respect of which the notice is deemed to have been served. 

8. 
In relation to a compulsory purchase authorised by a purchase 6TH ScH. order providing for expedited completion, being a purchase of an interest -cont. in respect of which a notice to treat is deemed to have been served by virtue of this Schedule, the following sections of the Land<s Clauses Consolidation Act, 1845, shall be excepted from the incorporation of that Act with the New Towns Act, 1946, and Part I of this Act, that is to say, sections fifty-eight to sixty-two and sixty-four to sixty-seven (which relate to the mode of ascertaining compensation to absent parties), section ninety-two (which relates to dales of parts of buildings) and sections one hundred and twenty-four to one hundred and twenty-six (which relate to interests which have by mistake been omitted to be purchased). 



9.-(1) Where any of the land as respects which this Schedule applies by virtue of a purchase order providing for expedited completion .con­stitutes a part only of land charged with a rentcharge, the following provisions of this paragraph shall have effect. 
(2) 
Any question as to the apportionment mentioned in section one hundred and sixteen of the Lands Clauses Consolidation Act, 1845, shall be referred and determined as mentioned in section one of the Acquisition of Land (Assessment of Compensation) Act, 1919. 

(3) 
Such -portion of the rentcharge as may be apportioned under the said section one hundred and sixteen to the land as respects which this Schedule applies by virtue of the order shall be treated as having been extinguished by virtue of paragraph 3 oi this Schedule on the vesting of . that land in the purchasing authority under that paragraph, and sections one hundred and fifteen to one hundred and eighteen of the Lands Clauses Consolidation Act, 1845, shall have effect as if the extinguishment had taken place under section one hundred and seventeen thereof: 


Provided that if the person entitled to the rentcharge and the owner of the land subject thereto enter into an agreement to that effect, the said sections one hundred and fifteen to one hundred and eighteen shall have effect as if the person entitled to the rentcharge had released there­from the land as respects which this Schedule applies by virtue of the order, on the condition mentioned in the said section one hundred and sixteen, at the time of the vesting of that land in the purchasing authority under paragraph 3 of this Schedule, and in that case none of the rent­charge shall be treated as having been extinguished by virtue of that paragraph so far as regards the remaining part of the land charged therewith. 
(4) In this paragraph references to a rentcharge include references to any such rent service, chief or other rent, or other payment or incum­brance as is mentioned in the words introductory to the said sections one hundred and fifteen to one hundred and eighteen. 
10. Where any of the land as respects which this Schedule applies by virtue of a purchase order providing for expedited completion con­stitutes a part only of land comprised in a lease for a term of years unexpired, section one hundred and nineteen of the Lands Clauses Consolidation Act, 1845, shall have effect subject to the modification that for references therein to the time of the apportionment of rent therein mentioned there shall be substituted references to the time of the vesting in the purchasing authority of the leasehold interest in the first-mentioned land under paragraph 3 of this Schedule. 
38 
6TH SCH. 11. Any person who in consequence of the vesting of any land in the 
-cont. 
authority by virtue of paragraph 3 of this Schedule is relieved from any liability, whether in respect of a rentcharge, rent under a lease, mortgage interest or any other matter, and who makes any payment as in satisfaction or part satisfaction of that liability shall, if he shows that when he made the payment he did not know of the facts which constitute the cause of his being so relieved or of some one or more of them, be entitled to recover the sum paid as money had and received to his use by the person to whom it was paid. 
PART III 
Interpretation 
12. In this Schedule references to the confirmation of an order shall be construed, in relation to an order made by the Minister of Transport or by the Minister of TransPort and the appropriate Minister, as references to the making of an order. 

LONDON 
PRINTED AND PlIBLISHED BY HIS MAJESTY'S STATIONERY "OFFICE 
To be purchased directly from H.M. STATIONERY OFFICE at the following addr~: 
York House, Kingsway, London, W.C.2; 13a Castle Street, Edinburgh 2; 
3g-41 King Street, Manchester 2; 1 St. Andrew's Crescent, Cardiff; 
So Chichester Street, Belfast ; 
or through any bookseller 

1946 
Price 9d. net 

(75153) Wt 1102/776 4/46 Hw.