§ 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 may—
- (a) 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,
- (b) include provisions amending any enactment relating to Scottish Enterprise, the 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
- (c) 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 or 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 expeding 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 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.516
§ (2) Where a development corporation are 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 corporation.
§ 36G.—(1) A development corporation shall, after the making of a winding up order relating to 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.
§ Financial consequences of winding up.
§ 36H. Any surplus arising from the winding up of a development corporation shall be paid into the Exchequer and any deficit shall be defrayed out of money provided by Parliament.".'.
§ Brought up, and read the First time.5.18 pm
§ The Minister of State, Scottish Office (Mr. Ian Lang)
I beg to move, That the clause be read a Second time.
§ Mr. Speaker
With this it will be convenient to take the following: New clause 2—Development Corporation tenants' choice of landlord—'In the period prior to and at the time of a winding-up order made against any development corporation the tenants of development corporation housing stock shall be allowed to exercise a choice of alternative landlord which must include the District Council within which the development corporation is situated.'.New clause 3—Transfer of vacant houses to District Council—'At the time a winding-up order is made against a development corporation all vacant houses shall be transferred to the District Council within which the development corporation is situated at a price to be negotiated and agreed upon by the parties involved.'.New clause 8—Winding up and dissolution of new town development corporations—'30. For Sections 36 and 36A of the New Towns (Scotland) Act 1968 there shall be substituted the following sections—36.—(1) The Secretary of State shall require the Development Corporation—(a) to undertake
within one month of the Enterprise and New Towns (Scotland) Act 1990 coming into force and shall be completed within four months thereof;
- (i) an environmental audit of parks, woodlands and recreational areas;
- (ii) an audit of all other lands and buildings in the New Town, in their ownership or over which they have superiority rights;(b) to make available within one month of completion, the findings of the audits to:—
- (i) the regional and district council in which the new town is situated, and
- (ii) such other person or body as appear to him to have an interest.(2) Where the Secretary of State is satisfied that the purposes for which a development corporation was established under this Act have been substantially achieved he may by order (a "winding up order") provide for the winding up of the corporation.(3) Before making a winding up order the Secretary of State shall consult—
- (a) the development corporation to which the order will relate,
- the council—(i) of the region or islands are, and517(ii) of each district,In which any part of the new town is situated, and(c) such other person or body as he thinks appropriate(4) A winding up order shall name the day on which the winding up of the corporation is to commence and the day by which it is to be completed and may—
- (a) stipulate a timetable for the winding up,
- (b) require the corporation to make interim reports to the Secretary of State,
- (c) require the corporation to comply with any directions made by the Secretary of State under section 36C of this Act,
- (d) impose such duties, or confer such additional powers, in relation to the winding up as the Secretary of State thinks appropriate,
- (e) contain such incidental, consequential, supplementary or ancillary provisions (including provision modifying the effect of any enactment as it relates to the corporation) as the Secretary of State thinks necessary or expedient for the purposes of the order.(5) A winding up order shall provide that the regional and district council within whose area the new towns are situated, shall be entitled to invest, by equity participation or otherwise, in a local development company (set up to own and manage assets of the former new town development corporation within their area).(6) The Secretary of State may, after such consultation as is mentioned in subsection (3) above, by order vary any of the terms of a winding up order.(7) An order under this section shall be made by statutory instrument which shall, if it contains provision modifying the effect of any enactment as it relates to the corporation, he subject to annulment in pursuance of a resolution of either House of Parliament.
§ Application of sections 35 etc. to operators
of telecommunications systems
§ 36A. Section 35, 36B and 36D of this Act shall have effect as if references to statutory undertakers included references to operators of any telecommunications code system and as if for this purpose—
- (a) references to a statutory undertaking were references to the running of such a system, and
- (b) references to the appropriate Minister were references to the Secretary of State for Trade and Industry.
§ Consultation by development corporation
§ 36AA. (1) A development corporation shall, before disposing of any of their property, rights or liabilities and before entering into any agency agreements (whether by means of management buy-out agreements or otherwise) in respect of any of the development corporation's functions or services, consult and have regard to representations, related to any proposed disposal of such property, rights or liabilities which may be made by—
- (a) Regional and District Councils within whose areas the new town is situated
- (b) Scottish Homes and Scottish Enterprise
- (c) any other body as they think appropriate
§ and shall advertise in a newspaper circulating in the locality any proposed disposals of property and consider any representations relating to it.