Industry Act 1972

SCHEDULES

Sections 4 and 11.

SCHEDULE 1 Enforcement of Conditions attached to Regional Development Grants and Grants under Part III

1 (1) The Secretary of State may by notice require any person who' has received a grant under Part I or Part III of this Act, and any person acting on his behalf, to furnish to the Secretary of State such information, or to produce for examination on behalf of the Secretary of State such books, records or other documents, as may be specified in the notice for the purpose of enabling the Secretary of State to determine whether any condition subject to which the grant is made is satisfied or is being complied with, or whether the grant has become repayable in whole or in part in accordance with any such condition.

(2) A notice under this paragraph may require the information to which it relates to be furnished within such time as may be specified in the notice, and may require the documents to which it relates to be produced at such time and place as may be so specified:

Provided that the time specified in such a notice for furnishing any information or producing any document shall not be earlier than the end of the period of twenty-eight days beginning with the service of the notice.

(3) A notice under this paragraph may be served—

(a) by delivering it to the person on whom it is to be served ;

(b) by delivering it at the usual or last known place of abode of that person;

(c) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at Ms usual or last known place of abode ; or

(d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

2 Any person duly authorised in that behalf by the Secretary of State may for the purposes mentioned in paragraph 1 of this Schedule, on production (if so required) of written evidence of his authority, at all reasonable times enter and inspect any premises where any asset in respect of which a grant under Part I of this Act has been made is, or in accordance with any condition attached to the grant should be, and require any person appearing to him to have charge of those premises to produce or identify the asset for inspection.

3 (1) Any person who in purported compliance with a notice under paragraph I of this Schedule knowingly or recklessly makes any statement or produces any document which is false in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400, or on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both.

(2) Any person who without reasonable excuse fails to comply with a notice under paragraph 1 of this Schedule shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.

(3) Any person who wilfully obstructs any person in the exercise of a right of entry under paragraph 2 of this Schedule, or without reasonable excuse fails to comply with a requirement under that paragraph, shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.

4 (1) Any person who without reasonable excuse fails to comply with any condition subject to which a grant was made to him under Part I or Part III of this Act requiring him to inform the Secretary of State of any event whereby the grant becomes repayable in whole or in part shall be guilty of an offence and liable on conviction to a fine which on summary conviction shall not exceed £400.

(2) Notwithstanding anything in section 104 of the [1952 c. 55.] Magistrates' Courts Act 1952 (time limit for proceedings), summary proceedings in England and Wales for an offence under this paragraph may be taken by the Secretary of State or the Director of Public Prosecutions at any time within twelve months from the date on which evidence sufficient in the opinion of the Secretary of State or the Director, as the case may be, to justify the proceedings comes to his knowledge:

Provided that proceedings shall not be so taken more than three years after the commission of the offence.

(3) Summary proceedings in Scotland for an offence under this paragraph shall not be commenced after the expiration of three years from the commission of the offence, but subject to the foregoing limitation and notwithstanding anything in section 23 of the [1954 c. 48.] Summary Jurisdiction (Scotland) Act 1954, such proceedings may be commenced at any time within twelve months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge or, where such evidence was reported to him by the Secretary of State, within twelve months after the date on which it came to the knowledge of the Secretary of State ; and subsection (2) of the said section 23 shall apply for the purposes of this paragraph as it applies for the purposes of that section.

(4) Notwithstanding anything in section 34 of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964 (time limit for proceedings) summary proceedings in Northern Ireland for an offence under this paragraph may be taken by the Secretary of State or the Director of Public Prosecutions for Northern Ireland at any time within twelve months from the date on which evidence sufficient in the opinion of the Secretary of State or the Director, as the case may be, to justify the proceedings comes to his knowledge:

Provided that proceedings shall not be so taken more than three years after the commission of the offence.

(5) For the purposes of this paragraph, a certificate of the Secretary of State, the Director of Public Prosecutions, the Lord Advocate or the Director of Public Prosecutions for Northern Ireland, as the case may be, as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact.

5 (1) Where an offence under this Schedule committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) In this paragraph " director ", in relation to a body corporate established by or under any enactment for the purpose of carrying on under public ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

Section 19.

SCHEDULE 2 Regional Development Grants : Commencement and Transitional Provisions

Expenditure eligible for grant

1 (1) No grant shall be made for expenditure within Head 1 of the Table in section 1 of this Act if the construction of the building or the carrying out of the works was begun before 22nd March 1972.

(2) No grant shall be made for expenditure within any other Head of the said Table if in the opinion of the Secretary of State the asset was provided before 22nd March 1972.

(3) In the case of a building or any works begun before 22nd March 1974, but not provided before that date, grant under Head 1(c) of the said Table may be made by reference to such part of the expenditure defrayed in providing the building or works as, in the opinion of the Secretary of State, is properly attributable to the work carried out before 22nd March 1974.

(4) Sub-paragraphs (1) and (3) above apply in the case of a building whether or not the building is provided by the purchase of an existing one, but in applying them to the provision of a building by the adaptation of an existing one, account shall be taken of the work of adaptation, and not of the construction of the original building.

Changes in rate of grant, or in assisted areas or in qualifying premises

2 (1) This paragraph applies as respects any order under section 1(4) or section 3 of this Act, or any order under section 1 or section 8(6) of the [1972 c. 5.] Local Employment Act 1972 (designation of development areas, intermediate areas and derelict land clearance areas).

(2) Any such order may contain such transitional provisions as respects grant under Part I of this Act as appear to the Secretary of State to be appropriate in connection with any change effected by the order in the areas which are assisted areas of any particular category, or in any prescribed percentage of grant, or in the descriptions of activities taken into account for any of the purposes of Part I of this Act.

(3) Without prejudice to the generality of the preceding provisions of this paragraph, the transitional provisions contained in any such order may, in the case of a building or any works begun before, but completed after, any such change, be provisions making different provision for the parts of the expenditure respectively attributable to the work carried out before the change, and to the work carried out after the change.

Local Employment Act 1972

3 (1) The repeal by this Act of subsections (1) and (2) of section 2 of the [1972 c. 5.] Local Employment Act 1972 shall not affect the operation of those subsections as respects any application under section 3 or section 4 of that Act whenever received, or as respects any application under section 5 or section 6 of that Act received on or before the date of the repeal.

(2) The advisory committee established by section 2(3) of the said Act shall be dissolved on such date as the Secretary of State may direct.

(3) No grant shall be made under section 3 of the said Act (which is superseded by Part I of this Act) unless—

(a) the construction of the building or the carrying out of the works was begun before 22nd March 1972, and the application for grant was received before 1st August 1973 ; or

(b) the application for grant was received before 22nd March 1972 ; or

(c) a contract was entered into before 22nd March 1972 in respect of all or any part of the expenditure on the asset for which the grant may be made.

(4) No assistance shall be given under section 4 of the said Act (which is superseded by Part II of this Act) unless the application for assistance was received before 1st August 1972.

(5) The repeal by this Act of the said sections 3 and 4, and of section 15 of the said Act, shall not affect any terms or conditions imposed under those sections, or liability for any offence committed (before the repeal or later) as respects financial assistance given under those sections, or as respects any such terms or conditions.

(6) Any reference in this paragraph to a provision of the Local Employment Act 1972 shall, unless the context otherwise requires, include a reference to any corresponding enactment re-enacted in that Act.

Interpretation

4 In determining for the purposes of any provision of this Schedule the date when the construction of a building or the carrying out of works was begun, no account shall be taken of any work on the clearance or preparation of the site.

Section 19.

SCHEDULE 3 Shipbuilding : Transitional Provisions

1 The repeals in Part II of Schedule 4 to this Act shall not affect—

(a) the vesting of any property, rights or liabilities in the Secretary of State under section 9(3) of the [1967 c. 40.] Shipbuilding Industry Act 1967 ;

(b) the operation—

(i) of subsections (2) and (7) and, subject to paragraphs 2 and 3 below, of subsection (8), of section 10 of that Act;

(ii) of the [S.I. 1971 No. 1939.] Shipbuilding Industry Board (Dissolution Provisions) Order 1971.

2 Any sums received by the Secretary of State by way of repayment of or interest on a loan under the Shipbuilding Industry Act 1967 shall be paid into the National Loans Fund, and the reference to subsection (5) of section 10 of that Act in subsection (8) of that section shall include a reference to this paragraph.

3 The said subsection (8) shall not require a statement of any guarantees given by the Secretary of State under section 7 of the Shipbuilding Industry Act 1967 for the financial year beginning on 1st April 1973 or for any subsequent financial year.

Section 19.

SCHEDULE 4 Repeals

PART I Repeals in the Local Employment Act 1972 and in Enactments Amended by Schedule 3 to that Act

Chapter	Short Title	Extent of Repeal
The above repeals have effect subject to Schedule 2 to this Act.
2 & 3 Eliz. 2. c. 56.	The Landlord and Tenant Act 1954.	In section 60(1), in paragraph (a), the words from " or a locality " to " in a development area " and in paragraph (b) the words from " or a locality " to " in an intermediate area "
8 & 9 Eliz. 2. c. 18.	The Local Employment Act 1960.	In section 17(2), the words from " and any locality " to the end of the subsection.
1966 c. 34.	The Industrial Development Act 1966.	In paragraph 5(1) of Schedule 1 the words from " and any reference" to the end of paragraph 5(1).
1967 c. 54.	The Finance Act 1967.	In section 26(6)(a) the words from " and includes " to the end of the paragraph.
1969 c. 51.	The Development of Tourism Act 1969.	In section 11(3) the words from " and includes " to the end of the subsection.
1971 c. 76.	The Housing Act 1971.	In section 1(4), in the definition of " development area " the words from " and includes " to the end of the definition, and in the definition of " intermediate area" the words from " or treated" to the end of the definition.
1971 c. 78.	The Town and Country Planning Act 1971.	In section 67(7), in the definition of " development area" the words from " and any locality " to the end of the definition.
1972 c. 5.	The Local Employment Act 1972.	In section 1, subsections (5), (6) and (7).
		In section 2, subsection (1), except as applied by section 60(1) of the Landlord and Tenant Act 1954, as amended by the said Act of 1972, and subsections (2) and (3).
		Sections 3 and 4.
		In section 5(1) the words from the beginning to " of this Act ".
		In section 6(2) the words " for the purpose mentioned in section 2(1) of this Act ".
		In section 8, in subsection (3) the words " for the purpose mentioned in subsection (1)(b) of this section ".
		Section 13(3).
		In section 14, in subsection (1), paragraph (a) so far as it relates to section 8 of the Act, in paragraph (b) the words " or the giving of assistance under section 4 of this Act" and the words " or assistance " and in paragraph (c) the words " or assistance ", and subsection (2).
		Section 15.
		Section 17(3) except as respects any report for the financial year ending on 31st March 1972 or earlier.
		In section 19 the words from " and, in " to the end of the section.
		In section 21(1), the definition of " the advisory committee ", in the definition of " development area " the words " subject to subsection (5) of section 1 of this Act " and in the definition of " intermediate area" the words " subject to subsection (7) of section 1 of this Act ".
		In Schedule 2, paragraphs 3(1), 6 and 7.

PART II Shipbuilding

Chapter	Short Title	Extent of Repeal
The above repeals have effect subject to Schedule 3 to this Act.
1967 c. 40.	The Shipbuilding Industry Act 1967.	The whole Act.
1968 c. 13.	The National Loans Act 1968.	In Schedule 1, the entry relating to the Shipbuilding Industry Act 1967.
1968 c. 32.	The Industrial Expansion Act 1968.	Section 10.
1971 c. 46.	The Shipbuilding Industry Act 1971.	The whole Act.