§ 36B (1) Subject to the conditions set out in subsection (2) below and without prejudice to the powers contained in section 18, 18AA or 18B of this Act, a development corporation may dispose of any of their property, rights or liabilities on such terms (including by way of gift) as they think fit to any person, including (without prejudice to this generality) Scottish Enterprise, the Scottish Development Agency, Scottish Homes, a local authority or a statutory undertaker.518
§ (2) The conditions relating to the power conferred by subsection (1) above are that the power may be exercised only—
- (a) with the consent (which may be general or specific) of the Secretary of State, and
- (b) during the period from the date of coming into force of the winding-up order until the date of dissolution of the corporations.
§ (3) in granting consent as provided for in subsection (2) above, but also in respect or the period from the date commencement of this section, until the date of coming into force of the winding-up order, the Secretary of State shall ensure that each tenant of any house owned by a development corporation, if that house may be transferred or disposed of to a new landlord, shall have the right to choose that the new landlord shall be one of the following bodies
- (a) the district council in which the new town is situated,
- (b) Scottish Homes or
- (c) such other body as may be approved for that purpose by Scottish Homes,
§ provided that the tenant's choice of landlord is agreed by that body.
§ Direction and order making powers of Secretary of State
§ 36C.—(1) Without prejudice to the power contained in section 4(2) of this Act the Secretary of State may, in relation to a development corporation which is subject to a winding up order—
- (a) during the period from the date of coming into force of the order until the date named in the order as the date by which the corporation is to be wound up (the "winding up date"), give directions (which may be general or specific) to the corporation in relation to the winding up; and
- (b) during the period from the winding up date until the date of dissolution of the corporation, give directions (which may be general or specific) to the corporation.
§ (2) In the case of a development corporation which is subject to a winding up order the Secretary of State may exercise the power conferred by section 5(2) of this Act without its having to appear to him that there are exceptional circumstances rendering such exercise expedient.
§ Transfer orders
§ 36D—(1) At any time after a winding up order has been made the Secretary of State may by order (a "transfer order"), made by statutory instrument and subject to annulment in pursuance of a resolution by either House of Parliament, provide for the transfer of any property, rights and liabilities of a development corporation to any person, including (without prejudice to this generality) Scottish Enterprise, the Scottish Development Agency, Scottish Homes, a local authority or a statutory undertaker.
§ (2) A transfer order—
- (a) shall transfer the property rights and liabilities in land including the superiority thereof held on feu or lease or otherwise held, occupied or used at the date this Act is passed or subsequently, by a local authority for the performance of its statutory or other duties or powers or functions to such local authority, on such terms as the Secretary of State may provide in the Order.
- (b) may transfer the property, rights and liabilities on such terms (which may include transfer either with or without consideration) as the Secretary of State may provide in the order, provided that no such property, rights or liabilities shall be transferred to a local authority unless there has been prior agreement between that authority, the development corporation and the Secretary of State as to the terms upon which the transfer is to be made.
- (c) may include provisions amending any enactment relating to Scottish Enterprise, the
519 Scottish Development Agency, Scottish Homes, a local authority or a statutory undertaker for the purpose, or in consequence, of any transfer made to any such body by virtue of subsection (1) above, and
- (d) may contain any such incidental, consequential, supplementary or ancillary provisions as the Secretary of State thinks necessary or expedient for the purposes of the order.
§ (3) Any property, right of liability transferred to any person by a transfer order shall vest in that person on such date as may be specified in the order.
§ (4) If a person to whom any land is transferred by a transfer order wishes to complete his title to the land by expending a notarial instrument or notice of title or otherwise, the order shall be deemed to be and may be used as a general disposition or assignation of the land in his favour.
§ Reduction of liability of development corporation
§ 36E—(1) If the Secretary of State is satisfied that it is expedient, having regard to the provisions of any transfer order or proposed transfer order, that the liability of a development corporation in respect of advances made to them under this Act should be reduced he may, by order made with the consent of the Treasury, reduce that liability to such extent as may be specified in the order.
§ (2) Section 46(6) of this Act applies to orders under this section.
§ Grants by Secretary of State
§ 36F—(1) Where the Secretary of State is satisfied that a disposal of land by a development corporation or any transfer of land under a transfer order imposes or will impose a financial burden on the disponee or transferee he may make grants to the disponee or transferee of amounts to be determined by him with the consent of the Treasury.
§ (2) Where a development corporation is satisfied as mentioned in subsection (1) above they may make grants of amounts to be determined by them with the approval of the Secretary of State and the consent of the Treasury.
§ (3) Any grant made under this section may be given subject to such conditions as the granter thinks appropriate including (without prejudice to this generality) conditions requiring repayment of all or any part of a grant in the event of non-compliance with any other condition; and any consent given under this section may be general or specific.
§ Dissolution of development corportion
§ 36G—(1) A development corporation shall, after the making of a winding up order relating them, remain in existence until such date as the Secretary of State, after consultation with the corporation, appoints for their dissolution by order made by statutory instrument.
§ (2) The date appointed under subsection (1) above shall not be earlier than the date provided for in the winding up order for the completion of the winding up of the corporation.
§ (3) At a date not later than dissolution a number of houses for allocation to the homeless, as may be agreed by the development corporation and the district council, and failing such agreement, as may be determined by the Secretary of State, shall be transferred to the district council in which district the new town is situated.