Local Employment Act 1972

SCHEDULES

Section 10.

SCHEDULE 1 Industrial Estates Corporations

Incorporation

1 Each corporation shall be a body corporate with perpetual succession and a common seal.

Members

2 Each corporation—

(a) shall pay to each of its members, in respect of his office as such, such remuneration (whether by way of salary or fees) and such allowances as the Secretary of State may with the approval of the Minister for the Civil Service determine in the case of that member; and

(b) in the case of any such member as the Secretary of State may with the approval of the Minister for the Civil Service determine, shall pay such pension or make such payments towards the provision of pensions to or in respect of him as the Secretary of State may with the approval of the Minister for the Civil Service determine.

3 The Secretary of State shall lay before each House of Parliament a statement of the remuneration and allowances that are or will be payable to members of the corporations under paragraph 2 of this Schedule; and, if any subsequent determination by the Secretary of State under that paragraph involves any departure from the terms of the said statement or if a determination by the Secretary of State under that paragraph relates to the payment of, or to payments towards the provision of, a pension to or in respect of any member of any of the corporations, the Secretary of State shall, as soon as possible after the determination, lay a statement thereof before each House of Parliament.

Staff

4 Each corporation may, subject to any limit of numbers which may be determined by the Secretary of State, employ such officers and servants as appear to the corporation expedient for the exercise of its functions.

5 Each corporation shall—

(a) pay to its officers and servants such remuneration as the corporation may, subject to any directions of the Secretary of State, determine ; and

(b) as regards any officer or servant in whose case it may be determined by the corporation with the approval of the Secretary of State so to do, pay to or in respect of him such pension, or provide and maintain for him such pension scheme (whether contributory or not), as may be so determined.

6 Where any officer or servant of any of the corporations, being a participant in any pension scheme applicable to his office or employment, becomes a member of the corporation, he may be treated for the purposes of the pension scheme as if his service as a member of the corporation were service as an officer or servant of the corporation, and his rights under the scheme shall not be affected by any provision of this Act which requires that the pensions to be paid, or payments towards the provision of pensions to be made, in the case of members of any of the corporations shall be determined by the Secretary of State with the approval of the Minister for the Civil Service.

Proceedings

7 The procedure of each corporation (including quorum) shall be such as the corporation may determine.

8 No act of any of the corporations shall be invalid by reason only of any vacancy among the members or any defect in the appointment of a member.

Interpretation

9 In this Schedule " pension ", in relation to a person, means a pension, whether contributory or not, of any kind whatsover payable to or in respect of him, and includes a gratuity so payable and a return of contributions, with or without interest thereon or any other addition thereto.

Section 19.

SCHEDULE 2 Transitional Provisions

PART I Provisions relating to coming into force of [1960 c. 18.] Local Employment Act 1960

Pension schemes of industrial estates companies

1 (1) The following provisions of this paragraph shall have effect as respects any pension, superannuation or life-assurance scheme or fund in force on 1st April 1960 for the benefit of persons in the employment or former employment of any of the following companies, that is to say—

• North Eastern Trading Estates Limited

• Wales and Monmouthshire Industrial Estates Limited

• The West Cumberland Industrial Development Company Limited

• Scottish Industrial Estates Limited

• North Western Industrial Estates Limited.

(2) Anything authorised or required to be done for the purposes of the scheme or fund on or after 1st April 1960 which, apart from this paragraph, would fall to be done by, with or to the company or its directors shall be treated as falling to be done by, with or to the industrial estates corporation acting for the part of Great Britain in which the company exercised its functions.

(3) For the purposes of the scheme or fund, employment on or after 1st April 1960 by the said corporation shall be treated as equivalent to employment by the company, and employment on or after that date by the company shall be disregarded.

(4) Any requirement to do anything for the said purposes at the registered office of the company shall be treated, in relation to things falling to be done on or after 1st April 1960, as a requirement to do that thing at the head office of the said industrial estates corporation.

(5) References in any deed, rules or other document to the company shall be construed as, or as including, references to the said industrial estates corporation as may be required for giving effect to, or in consequence of, the foregoing provisions of this paragraph.

Land acquired under Distribution of Industry Acts 1945 to 1958

2 The Secretary of State shall have the like powers under this Act in relation to land acquired by the Board of Trade under, or vested in the Board by, the Distribution of Industry Acts 1945 to 1958 as he has in relation, to land acquired by him under this Act or vested in him in consequence of the [1960 c. 18.] Local Employment Act 1960.

Loans and grants under Distribution of Industry Acts 1945 to 1958

3 (1) In section 15(1) of this Act the reference to any loan made under this Act shall include a reference to any loan made under section 4 of the [1945 c. 36.] Distribution of Industry Act 1945 or that section as extended by the [1958 c. 41.] Distribution of Industry (Industrial Finance) Act 1958.

(2) The continued operation of any agreement relating to loans or grants entered into under the Distribution of Industry Acts 1945 to 1958 shall not be affected by the repeal of those Acts, but, in the case of any agreement to make loans or grants entered into by the Treasury under the provisions mentioned in sub-paragraph (1) of this paragraph, the Secretary of State shall be substituted for the Treasury.

(3) Where before 1st April 1960 a Minister of the Crown has paid any instalment of a grant under section 3 of the said Act of 1945, the repeal of the said section 3 by section 28 of the Local Employment Act 1960 shall be without prejudice to the payment by him of further instalments of the grant in pursuance of arrangements made by him before that date.

(4) Where the Board of Trade have agreed to make to any housing association grants under section 3(2) of the [1950 c. 8.] Distribution of Industry Act 1950 to further the provision of any dwellings, the repeal of the said Act of 1950 by section 28 of the Local Employment Act 1960 shall be without prejudice to the continued payment of the grant in respect of such of the dwellings as have been provided before 1st April 1960.

(5) In the application of this paragraph to Scotland the following provision shall have effect for the purposes of sub-paragraph (2), that is to say, where any agreement in which the Secretary of State is by virtue of that sub-paragraph substituted for the Treasury provides that the person to whom the loan or grant is made shall, if required to do so, grant such security as may be specified in the agreement in favour of the Solicitor for the affairs of Her Majesty's Treasury, but the person has not before the commencement of this Act been so required, the Secretary of State shall be substituted for the said Solicitor.

PART II Provisions relating to coming into force of Part II of [1966 c. 34.] Industrial Development Act 1966

Development districts which did not become development areas

4 (1) This paragraph applies to any locality which was a development district within the meaning of the [1960 c. 18.] Local Employment Act 1960, or was by virtue of section 1(4) of that Act treated as if it formed part of such a district, immediately before 19th August 1966 and did not on that date become a development area.

(2) The Secretary of State may complete under section 5 of this Act, buildings or works in the locality begun by the Board of Trade before that date under section 2 of the said Act of 1960 and may exercise, in relation to land in that locality, his powers under the said section 5 so far as may be necessary for the purpose of fulfilling any agreement entered into by the Board before that date.

(3) Any Minister may make a grant or loan under any provision of this Act as if the locality were a development area in any case in which an application for a grant or loan under the corresponding provision of the said Act of 1960 was received by the Board of Trade or the Minister concerned before 19th August 1966.

(4) The fact that any locality which was, or was treated as forming part of, a development district immediately before 19th August 1966 did not on that date become a development area shall not prejudice the continued operation of any agreement relating to grants or loans entered into under the said Act of 1960.

Re-naming of industrial estates corporations

5 In any enactment or instrument passed or made before 19th August 1966, for any reference to an industrial estates corporation by its original name (that is, the name given to it by section 8 of the Local Employment Act 1960) there shall be substituted a reference to that corporation by the new name given to it by section 19(1) of the [1966 c. 34.] Industrial Development Act 1966 (that is, the appropriate name specified in section 10(1) of this Act).

PART III Provisions relating to coming into force of [1970 c. 7.] Local Employment Act 1970

6 No grant shall be made under section 3 of this Act towards expenditure incurred in providing a building or extension in an intermediate area in a case where any work on providing that building or extension (being work undertaken by or on behalf of the applicant) was done on the site before 25th June 1969 ; nor, where any work on providing a building or extension intended for occupation by an undertaking was so done, shall a grant be made under that section, so far as applicable to intermediate areas, in respect of a purchase of that building or extension for occupation by that undertaking.

PART IV Provisions relating to coming into force of [1971 c. 51.] Investment and Building Grants Act 1971

Building grants where contract or work was before 27th October 1970

7 (1) In the following circumstances the percentage in section 3(3)(b) of this Act shall be twenty-five per cent. instead of thirty-five per cent,—

(a) in the case of a grant in respect of the provision of a building or extension by purchase, if the contract to purchase was entered into before 27th October 1970, or if before that date any work on providing the building or extension was done on the site with a view to occupation by the applicant for the grant or, if the applicant is a member of a group, by any other member of that group;

(b) in the case of a grant made by virtue of section 3(5) of this Act, if any work on including the special features in the building or extension was done before the said 27th October; and

(c) in the case of any other grant, if any work on providing the building or extension was done on the site before the said 27th October by or on behalf of the applicant for the grant or, if the applicant is a member of a group, by or on behalf of any other member of that group:

Provided that the Secretary of State may determine that paragraph (c) above shall not have effect in any case the special circumstances of which appear to him to justify such a determination.

(2) In this paragraph " group " has the meaning given in section 3(7) of this Act.

Building grants offered or made before 27th July 1971

8 (1) The provisions of this Act relating to building grants shall not affect any grant under section 3 of the [1960 c. 18.] Local Employment Act 1960 offered or made before 27th July 1971 ; and that section, section 2 of the [1963 c. 19.] Local Employment Act 1963 and sections 17 and 21(4) of the [1966 c. 34.] Industrial Development Act 1966 shall continue to have effect in relation to any such grant as they had effect immediately before their repeal by this Act or, as the case may be, the [1971 c. 51.] Investment and Building Grants Act 1971.

(2) In the case of any such grant as aforesaid in respect of expenditure incurred in relation to a development area, the Secretary of State may, if he thinks fit, re-determine the amount of the grant as if, in relation to the expenditure in question or that expenditure so far as relating to any particular building or extension—

(a) section 2(1) of the said Act of 1963 had prescribed a rate of thirty-five per cent. instead of a rate of twenty-five per cent.; and

(b) section 17(1) of the said Act of 1966 had substituted a rate of forty-five per cent. in the circumstances there mentioned ;

and may make such revised offer or, as the case may require, additional payment under the said section 3 as is consequential on the re-determination.

PART V Other provisions

9 Any document executed before 23rd October 1969 by the Board of Trade in connection with the exercise of their powers under section 4 of the Local Employment Act 1960 as extended by section 18 of the Industrial Development Act 1966 shall be deemed to have been validly executed if executed by the President of the Board, any Minister of State with duties concerning the affairs of the Board, any secretary, under-secretary or assistant secretary of the Board or any person authorised in that behalf by the President.

10 As respects any time before the coming into force of the [1971 c. 78.] Town and Country Planning Act 1971 this Act shall have effect as if—

(a) in section 16(3) for the reference to the provisions of that Act there were substituted a reference to section 211(6) and 212(1) to (4) and (6) of the [1962 c. 38.] Town and Country Planning Act 1962;

(b) in section 17(3) for the reference to section 67(1) of the said Act of 1971 there were substituted a reference to section 38(1) of the said Act of 1962 ; and

(c) in section 21(1), in the definition of " industrial building ",

the words from " as respects England" to " Scotland" were omitted.

Section 22(1).

SCHEDULE 3 Consequential amendments

THE [1954 c. 56.] LANDLORD AND TENANT ACT 1954

In subsection (1) of section 60 of the Landlord and Tenant Act 1954, as amended by the Schedule to the [1970 c. 7.] Local Employment Act 1970—

(a) for the words " section 15(6) of the Industrial Development Act 1966 " there shall be substituted the words " section 1(5) of the Local Employment Act 1972 ";

(b) for the words " section 1(5) of the Local Employment Act 1970 " there shall be substituted the words " section 1(7) of that Act ";

(c) for the words " the purposes for which the powers conferred by Part I of the Local Employment Act 1960 are exercisable under section 1(1) of that Act" there shall be substituted the words " the purpose mentioned in section 2(1) of the said Act of 1972 ";

In subsection (3) of the said section 60, added by the Schedule to the Local Employment Act 1970—

(a) for the words " under section 15 of the Industrial Development Act 1966 " there shall be substituted the words " by an order made or having effect under section 1 of the Local Employment Act 1972 ;

(b) for the words " under section 1 of the Local Employment Act 1970 " there shall be substituted the words " by an order made or having effect under that section " .

THE LOCAL EMPLOYMENT ACT 1960

At the end of section 17 of the [1960 c. 18.] Local Employment Act 1960 there shall be added the following subsection—

“(2) In this section " development areas " means the areas specified as such by orders made or having effect under section 1 of the Local Employment Act 1972 and any locality treated by virtue of subsection (5) of that section as included in a development area.”

In section 22(1) of the said Act of 1960 for the words " section two, five or fourteen of this Act" there shall be substituted the words " section 5, 8, 13(1) or 14 of the Local Employment Act 1972. ".

THE TOWN AND COUNTRY PLANNING ACT 1962

In section 38(6) of the [1962 c. 38.] Town and Country Planning Act 1962, as amended by section 26 of the [1966 c. 34.] Industrial Development Act 1966, for the words from "development area" onwards there shall be substituted the words " ' development areas' means the areas specified as such by orders made or having effect under section 1 of the Local Employment Act 1972 and any locality treated by virtue of subsection (5) of that section as included in a development area. " In section 79(8) of the said Act of 1962 for the words " section two, section five or section fourteen of the Local Employment Act 1960" there shall be substituted the words " section 5, 8, 13(1) or 14 of the Local Employment Act 1972 " .

THE [1965 c. 46.] HIGHLANDS AND ISLANDS DEVELOPMENT (SCOTLAND) ACT 1965

In section 13(6) of the Highlands and Islands Development (Scotland) Act 1965 for the words " section 10 of the Local Employment Act 1960 (which relates to accounts of Management Corporations)" there shall be substituted the words " section 12 of the Local Employment Act 1972 (which relates to the accounts of the industrial estates corporations) " .

THE BUILDING CONTROL ACT 1966

In section 4(5) of the [1966 c. 27.] Building Control Act 1966, as substituted by Schedule 3 to the Industrial Development Act 1966, for the words " under section 15 of the Industrial Development Act 1966 " there shall be substituted the words " by an order made or having effect under section 1 of the Local Employment Act 1972 " .

THE INDUSTRIAL DEVELOPMENT ACT 1966

In paragraph 5(1) of Schedule 1 to the [1966 c. 34.] Industrial Development Act 1966—

(a) for the words " under Part II of this Act" there shall be substituted the words " by an order made or having effect under section 1 of the Local Employment Act 1972 ";

(b) for the words " the said Part II" there shall be substituted the words " the said Act of 1972 " .

THE [1967 c. 54.] FINANCE ACT 1967

In section 26(6)(a) of the Finance Act 1967 for the words " under section 15(2) of the Industrial Development Act 1966 " and " section 15(6) of that Act" there shall be substituted respectively the words " by an order made or having effect under section 1 of the Local Employment Act 1972 " and " section 1(5) of that Act ".

THE [1969 c. 51.] DEVELOPMENT OF TOURISM ACT 1969

In section 11(3) of the Development of Tourism Act 1969 for the words " under subsection (2) of section 15 of the Industrial Development Act 1966" and " subsection (6) of that section" there shall be substituted respectively the words " by an order made or having effect under section 1 of the Local Employment Act 1972 " and " subsection (5) of that section ".

THE [1970 c. 24.] FINANCE ACT 1970

For subsection (3) of section 15 of the Finance Act 1970 there shall be substituted the following subsection—

“(3) For the purposes of subsection (2) above " development area " and " intermediate area " have the same meaning as in the Local Employment Act 1972.”

THE [1971 c. 68.] FINANCE ACT 1971

In sections 42(6) and 52(1) of the Finance Act 1971 for the words " Part I of the Local Employment Act 1960" there shall be substituted the words " the Local Employment Act 1972 " .

THE [1971 c. 76.] HOUSING ACT 1971

In section 1(4) of the Housing Act 1971—

(a) for the words " under section 15(2) of the Industrial Development Act 1966 " and " section 15(6) of that Act " there shall be substituted respectively the words " by an order made or having effect under section 1 of the Local Employment Act 1972 " and " subsection (5) of that section " ;

(b) for the words " under section 1 of the Local Employment Act 1970 " and " subsection (5) of that section " there shall be substituted respectively the words " by an order made or having effect under section 1 of that Act " and " subsection (7) of that section ".

THE [1971 c. 78.] TOWN AND COUNTRY PLANNING ACT 1971

In section 67(7) of the Town and Country Planning Act 1971 for the definition of " development area" there shall be substituted " ' development area' " means any area specified as such by an order made or having effect under section 1 of the Local Employment Act 1972 and any locality treated by virtue of subsection (5) of that section as included in a development area." In section 124(8) of the Town and Country Planning Act 1971 the words " in section 2 or 14 of the Local Employment Act 1960 " shall be omitted and for the words " section 20 or 21(4) of the Industrial Development Act 1966 " there shall be substituted the words " section 5, 8, 13(1) or 14 of the Local Employment Act 1972 ".

Section 22(2).

SCHEDULE 4 Repeals

Chapter	Short Title	Extent of Repeal
8 & 9 Eliz. 2. c. 18.	The Local Employment Act 1960.	Section 1(1) and (5).
		Section 2.
		Section 3.
		Section 4.
		Sections 6 to 10.
		Section 12(1) and (6).
		Section 13.
		Section 14(2) and (3).
		Section 15.
		Section 23.
		Section 27.
		Section 28(1) to (4) and (6) to (8).
		Schedules 1, 2 and 3.
1965 c. 46.	The Highlands and Islands Development (Scotland) Act 1965.	Section 5(5)(b).
1966 c. 34.	The Industrial Development Act 1966.	Section 15.
		Sections 18 and 19.
		Section 20(1) to (5).
		Section 21(1) to (4) and, in subsection (5), the words from the beginning to " effect, and ".
		Section 31(2).
		In Schedule 3, in Part II, the entries relating to the Local Employment Act 1960 except that relating to section 17.
1968 c. 14.	The Public Expenditure and Receipts Act 1968.	Section 6.
1970 c. 7.	The Local Employment Act 1970.	Sections 1 to 4.
		Section 6.
		Section 8(1).
		Section 9(2) and (4).
		The Schedule except as respects section 60 of the Landlord and Tenant Act 1954.
1971 c. 51.	The Investment and Building Grants Act 1971.	Section 2.
		In section 3 the words from " and section 2 " onwards.
1971 c. 78.	The Town and Country Planning Act 1971.	In Schedule 23 the entry relating to the Local Employment Act 1960.