Local Authorities (Land) Act 1963
| Year | 1963 |
Local Authorities (Land) Act 1963
1963 CHAPTER 29
An Act to make amendments of the law relating to the functions of local authorities in relation to land to the like effect as those commonly made in local Acts; to enable local authorities to make advances for the erection of buildings and to provide accommodation for keeping motor vehicles; to amend the provisions of the National Parks and Access to the Countryside Act 1949 relating to the treatment of derelict land; to amend the law with respect to the power of municipal boroughs to use the general rate fund and borrow for non-statutory purposes; to apply Part II of the Town and Country Planning Act 1959 to corporate land; and for purposes connected with the matters aforesaid.
[31st July 1963]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Extension of power of local authorities to acquire land by agreement.
(1) The purposes for which a local authority may acquire land under section 157 of the Local Government Act 1933 (which authorises a local authority to acquire by agreement land immediately required by the authority for the purpose of any of their functions under the said Act of 1933 or any other public general Act) shall include the purpose of any of their functions under a local Act.
(2) The purposes for which a local authority may acquire land under section 158 of the said Act of 1933 (which empowers a local authority to acquire by agreement land in advance of their requirements for any purpose for which they are authorised to acquire land by the said Act of 1933 or any other public general Act, but, by virtue of section 22 of the Town and Country Planning Act 1959, only, in the case of land outside their area, with the consent of and subject to any conditions imposed by the appropriate Minister as defined in the said section 158) shall include any purpose for which they are authorised to acquire land by any local Act.
2 Power of local authorities to develop land.
(1) Subject to the provisions of this Act, a local authority may, for the benefit or improvement of their area, erect any building and construct or carry out works on land.
(2) The consent of the Minister, given on an application in that behalf made by the local authority, shall be requisite to the carrying out of an operation under the power conferred by the foregoing subsection; and any such consent may be given either in respect of a particular operation or in respect of operations of any class, and either subject to or free from conditions or limitations.
(3) Where an application for the consent of the Minister is made under the last foregoing subsection by a local authority, the Minister may direct such advertisement by the authority as appears to him to be requisite for the purpose of enabling him to determine whether he shall give such consent.
(4) A local authority may repair, maintain and insure any building or works erected, constructed or carried out under the power conferred by subsection (1) of this section and generally may deal with any such building or works in a proper course of management.
3 Power of local authorities to make advances for erection of buildings on land sold or let by them.
(1) For the purpose of enabling any person to whom a local authority have sold or let any land to erect a building on that land, the local authority may, subject to the provisions of this section, advance money to that person.
(2) An advance made under this section, together with interest thereon, shall be secured by a mortgage of the land in respect of which the advance is made.
(3) The amount of the principal of an advance made under this section shall not exceed three quarters of the value which it is estimated the mortgaged security will bear when the building for the erection of which the advance is made has been erected.
(4) An advance made under this section shall carry interest at a rate not less than one quarter per cent. greater than that fixed by the Treasury under section 1 of the Public Works Loans Act 1897 in respect of loans to local authorities made on the date on which the terms of the advance are settled and for the same period as the advance, or at such other rate as the Minister may, in the case of the advance, fix.
(5) The mortgage deed securing an advance made under this section shall provide—
(a ) for repayment's being made, subject to the provisions of paragraphs (c ) and (d ) of this subsection, within such period, not exceeding thirty years, as may be specified in the deed;
(b ) for repayment's being made, subject to the two next following paragraphs, either by instalments of principal or by an annuity of principal and interest combined;
(c ) that, in the event of any of the conditions subject to which the advance is made not being complied with, the balance for the time being unpaid shall become repayable on demand by the authority;
(d ) that the said balance, or such part thereof as may be provided for in the mortgage, may, in any event other than that specified in the last foregoing paragraph, be repaid on any such conditions as may be specified in the mortgage after one month's written notice of intention to repay has been given to the authority;
(e ) where repayment is to be made by an annuity of principal and interest combined, for determining the amount by which the annuity or the life of the annuity is to be reduced when a part of the advance is paid off otherwise than by way of an instalment of the annuity.
4 Power of local authorities to make advances in pursuance of building agreements.
(1) Where a local authority enter into an agreement with a person (hereafter in this section referred to as ‘the builder’) whereby provision is made—
(a ) authorising the builder to enter on land belonging to the local authority for the purpose of his erecting a building thereon;
(b ) for the sale of the land to the builder, if the building is erected to the satisfaction of the local authority, or, as the agreement may provide, for the grant of a lease to him if the building is so erected;
(c ) for the local authority to advance money to the builder for the purpose of enabling him to erect the building;
(d ) for securing that, on such a sale or, as the case may be, grant of a lease, any amount advanced as mentioned in the last foregoing paragraph will, together with the interest thereon, be secured by a mortgage of the land;
the local authority may, subject to the provisions of this section, advance money to that person for the purpose mentioned in paragraph (c ) above.
(2) The amount of the principal of an advance made under this section shall not exceed three quarters of the amount which it is estimated will be the value of the security for the mortgage for which the agreement provides.
(3) Subsections (4) and (5) of section 3 of this Act shall apply to an advance made under this section as they apply to an advance made under that section.
5 Provision of garage accommodation by local authorities.
(1) A local authority may within their area provide off the street accommodation for the keeping of motor vehicles, and may for that purpose erect garages, construct hard standings or convert buildings into garages.
(2) Any garage or hard standing by means of which accommodation is provided under this section for motor vehicles may be either one having accommodation for a single vehicle only or one having accommodation for several vehicles, and the local authority may let any such garage or hard standing having accommodation for a single vehicle only or any space in any such garage or hard standing having accommodation for several vehicles, for such period and consideration and subject to such terms and conditions as they think fit, to any person for the purpose of the accommodation of a motor vehicle.
(3) The local authority may manage, repair, maintain and insure any such garage or hard standing as aforesaid.
(4) Nothing in this section shall be taken as authorising a local authority to carry on any of the following activities, that is to say—
(a ) the storage or sale of fuel or lubricants;
(b ) the sale of motor vehicles or accessories, spare parts or equipment for motor vehicles;
(c ) the business of maintaining or repairing motor vehicles,
or to provide facilities or apparatus for any of those activities.
To continue reading
Request your trial