{
  "url": "https://openlegislation.uk/welsh-development-agency-act-1975/schedule-4/paragraph-3B",
  "json_url": "https://openlegislation.uk/welsh-development-agency-act-1975/schedule-4/paragraph-3B.json",
  "legislation": "ukpga/1975/70",
  "legislation_title": "Welsh Development Agency Act 1975",
  "legislation_url": "https://openlegislation.uk/welsh-development-agency-act-1975",
  "path": "schedule/4/paragraph/3B",
  "kind": "paragraph",
  "number": "3B",
  "heading": null,
  "text": "(1) Where the Welsh Ministers prepare a compulsory purchase order in draft under section 21A(1)(b) or (2)(b), they may include in the draft order a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if they do so the following provisions of this paragraph apply.\n(2) The Welsh Ministers must prepare a statement of commitments together with the draft order.\n(3) A “statement of commitments” is a statement of the Welsh Ministers’ intentions as to what will be done with the project land should the acquisition proceed, so far as they rely on those intentions in contending that the direction is justified in the public interest.\n(4) Those intentions must include the provision of a certain number of units of affordable housing.\n(5) The statement under paragraph 3(1)(a) of Schedule 1 to the 1981 Act must include a statement of the effect of the direction; and paragraphs (ba) and (bb) of the same sub-paragraph apply in respect of the statement of commitments as they apply in respect of the draft order.\n(6) The Welsh Ministers may amend the statement of commitments before the compulsory purchase order is made.\n(7) But they may do so—\n(a) only if satisfied that the amendment would not be unfair to any person who made or could have made a relevant objection for the purposes of paragraph 4 of Schedule 1 to the 1981 Act, and\n(b) only if the statement of commitments as amended will still comply with sub-paragraph (4).\n(8) If the Welsh Ministers decide to make the compulsory purchase order in accordance with the applicable provisions of Schedule 1 to the 1981 Act—\n(a) they may make the order with the direction included if satisfied that the direction is justified in the public interest;\n(b) otherwise, they must modify the draft of the order so as to remove the direction.\n(9) If the order is made with the direction included, a making notice under paragraph 6 of Schedule 1 to the 1981 Act must (in addition to the matters set out in sub-paragraph (4) of that paragraph)—\n(a) state the effect of the direction,\n(b) explain how the statement of commitments may be viewed, and\n(c) explain that additional compensation may become payable if the statement of commitments is not fulfilled.\n(10) In this paragraph—\n“the project land” means—\n(a)the land proposed to be acquired further to the compulsory purchase order, and\n(b)any other land that the Welsh Ministers intend to be used in connection with that land;\n“unit of affordable housing” means a building or part of a building that is constructed or adapted for use as a separate dwelling and—\n(a)in the case of a building in Wales, is to be used as housing of a description that is set out in regulations made by the Welsh Ministers, or\n(b)in the case of a building in England, is to be used as—\n(i)social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or\n(ii)housing of any other description that is set out in regulations made by the Secretary of State.\n(11) A statutory instrument containing regulations under sub-paragraph (10) is subject to annulment in pursuance of a resolution of—\n(a) Senedd Cymru, in the case of regulations made by the Welsh Ministers, or\n(b) either House of Parliament, in the case of regulations made by the Secretary of State.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 4 para. 3B inserted (31.3.2024 for W. for specified purposes, 30.4.2024 for E.) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 190(4), 255(7) (with s. 247); S.I. 2024/92, reg. 4 (with reg. 6(6)); S.I. 2024/389, reg. 2(l)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "substituted",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "substituted",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "omitted",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "words substituted",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    },
    {
      "type": "substituted",
      "affecting": "asc/2026/7",
      "affecting_title": "Planning (Consequential Provisions) (Wales) Act 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1975/70/schedule/4/paragraph/3B",
    "retrieved_at": "2026-10-29T10:35:58.185836+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}