Statutory Corporations (Financial Provisions) Act 1975

Schedules

Schedule 1Bodies corporate which may be compensated for Loss

The Central Electricity Generating Board. Area Boards within the meaning of the Electricity Act 1947. The North of Scotland Hydro-Electric Board. The South of Scotland Electricity Board. The British Gas Corporation. The Post Office.

Schedule 2Bodies corporate affected by section 5 as to their Power to borrow in Currencies other than Sterling

The British Airports Authority.The Housing Corporation.
The British Airways Board.The National Coal Board.
The British Steel Corporation and the publicly-owned companies for the purposes of the Iron and Steel Act 1967.The North of Scotland Hydro-Electric Board.
The Post Office.
The Civil Aviation Authority.The South of Scotland Electricity Board.
The Electricity Council.

Schedule 3Consultative and Consumers' Councils

Part IElectricity Industry

The Councils concerned

1This Part of this Schedule applies to the Consultative Councils established—

(a)under section 7 of the Electricity Act 1947 for the areas of Area Boards ; and

(b)under section 7A ži that Act, for the districts of the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.

Council chairmen

2There shall be paid to the chairman of a Council such remuneration as the Secretary of State may determine ; and in the case of a person remunerated under this paragraph there shall be no obligation to remunerate him also—

(a)under paragraph 14 of Schedule 1 to the Hydro-Electric Development (Scotland) Act 1943, as a member of the North of Scotland Hydro-Electric Board or the South of Scotland Electricity Board; or

(b)under section 3(6) of the Electricity Act 1947, as a member of the Area Board for the same area as that for which he is chairman of the Consultative Council.

3If the Secretary of State so determines in the case of a person who has been remunerated under paragraph 2 above, he shall pay such pension to or in respect of that person, or make such payments towards the provision of such a pension, as he (the Secretary of State) may determine.

4If a person in receipt of remuneration under that paragraph ceases to hold the office by virtue of which he receives it, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, that person shall be paid a sum of such amount as the Secretary of State may determine.

5In Part III of Schedule 1 to the House of Commons Disqualification Act 1975, the following shall be inserted at the appropriate place in alphabetical order— Chairman of any of the Consultative Councils established, under sections 7 and 7A of the Electricity Act 1947, for the areas of Area Boards or the districts of the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.

Councils' administration, personnel etc.

6A Council may, subject to the approval of the Secretary of State as to numbers, appoint such officers as appear to the Council to be requisite for the performance of their functions, including those of any committee or individual appointed under section 7(9) or 7A(8) of the Electricity Act 1947 (scheme for Council's representation at local level).

7The Secretary of State shall provide the Councils with funds wherewith to pay—

(a)to their members, and to members of any such committeee, or to any such individual, as is mentioned above such travelling and other allowances ; and

(b)to the officers of a Council, such remuneration, and such travelling and other allowances,

as the Secretary of State may determine, and wherewith also to defray such other expenses in connection with their functions as he may determine to be appropriate; and he may make arrangements for Councils to be provided with office accommodation.

8(1)There shall be paid such pensions, or arrangements shall be made for the payment of such pensions, to or in respect of persons who are or have been officers of Consultative Councils as the Secretary of State may determine.

(2)A Consultative Council may, if the Secretary of State determines that they should do so, assume in respect of such persons as are referred to in sub-paragraph (1) above any liabilities incurred by the Electricity Council, an Area Board, the North of Scotland Hydro-Electric Board or the South of Scotland Electricity Board (as the case may be) under or in pursuance of section 54 of the Electricity Act 1947.

(3)The Secretary of State shall provide Consultative Councils with funds wherewith to pay pensions under sub-paragraph (1) above or to finance any arrangements under that sub-paragraph, and to discharge any liabilities assumed by Councils under sub-paragraph (2).

Supplementary

9(1)The consent of the Minister for the Civil Service shall be required for any determination or approval by the Secretary of State under the foregoing paragraphs.

(2)In this Part of this Schedule " pension " includes allowance and gratuity payable on retirement or otherwise.

Part IIGas Industry

10Schedule 3 to the Gas Act 1972 is amended in accordance with the following paragraphs.

11In paragraph 2 of the Schedule—

(a)for sub-paragraph (3) substitute—

(3)Any of the said Councils may, if the Secretary of State determines that they should do so, assume in respect of any such persons as are referred to in sub-paragraph (2) above any liabilities incurred by the Corporation under or in pursuance of section 36(1) of this Act;

(b)after sub-paragraph (4) insert—

(4A)The Secretary of State may make arrangements for Councils to be provided with office accommodation.

12For paragraph 3 of the Schedule substitute—

3(1)The payments to be made under paragraph 1 above—

(a)in respect of the remuneration of the chairman of any of the Councils there mentioned ; and

(b)in respect of the chairman's pension or otherwise under sub-paragraph (3) of that paragraph, shall be made by the Secretary of State ; and other payments under or in pursuance of paragraphs 1 and 2 above shall be made by Councils from funds provided by the Secretary of State.

(2)The consent of the Minister for the Civil Service shall be required for any determination or approval by the Secretary of State under paragraphs 1 and 2 above.

(3)In those paragraphs "pension" includes allowance and gratuity payable on retirement or otherwise.

13In paragraph 7 of the Schedule for " the Corporation " substitute

the Secretary of State.

Schedule 4Consequential Amendment of Enactments

The Hydro-Electric Development (Scotland) Act 1943 (c. 32)

1In the Hydro-Electric Development (Scotland) Act 1943, in section 12—

(a)in subsection (1), for the words from the beginning to " money" substitute the words

Subject to the provisions of this section, the Scottish Electricity Boards may, with the consent of the Secretary of State (which shall require the approval of the Treasury) and subject to regulations to be made by the Secretary of State with the approval of the Treasury, borrow money in sterling or foreign currency from any source whether within or outwith the United Kingdom,;

(b)at the end of the section add the following subsections—

(4)The amount outstanding in respect of the principal of any sums of foreign currency borrowed under this section or section 3 of the Gas and Electricity Act 1968 and of any sums of sterling borrowed from outwith the United Kingdom under this section shall be included in the aggregate of the amounts outstanding in respect of loans raised by the Scottish Electricity Boards which is subject to the limit imposed by section 47(7) of the Electricity Act 1947 ; but this subsection shall not prevent the Scottish Electricity Boards from borrowing in excess of the said limit for the purpose of repaying the principal of any such sums borrowed by them under this section or the said section 3 or for the purpose of redeeming any securities issued under either of those sections which they are required or entitled to redeem.

(5)Nothing in this section shall be taken as exempting the Scottish Electricity Boards from the provisions of any order under section 1 of the Borrowing (Control and Guarantees) Act 1946 or from the provisions of the Exchange Control Act 1947.

(6)The repeal by the Statutory Corporations (Financial Provisions) Act 1975 of section 3 of the Gas and Electricity Act 1968 shall not affect anything done or any right established under that section before the passing of the said Act of 1975..

The Coal Industry Act 1965 (c. 82)

2In the Coal Industry Act 1965, in section 1(2A) (inserted by section 4(1)(b) of the Coal Industry Act 1971) for the words

may, from such person and on such terms as he may with the approval of the Treasury specify

substitute the words

(which shall require the approval of the Treasury) may.

The Iron and Steel Act 1967 (c. 17)

3In the Iron and Steel Act 1967—

(a)in section 19(2A) (inserted by section 7(1) of the Iron and Steel Act 1969) for the words

may, from such person and on such terms as he may, with the approval of the Treasury, specify

substitute the words

(which shall require the approval of the Treasury) may;

(b)in section 19(3) (as substituted by section 7(2) of the Iron and Steel Act 1969), in paragraph (b), for the words

from such person and on such terms as the Minister may, with the approval of the Treasury, specify

substitute the words

(which shall require the approval of the Treasury).

The Gas and Electricity Act 1968 (c. 39)

4In the Gas and Electricity Act 1968—

(a)in section 2(1), for the words " borrow, from such persons and on such terms as the Minister may, with the approval of the Treasury, from time to time specify " substitute the words

with the consent of the Secretary of State (which shall require the approval of the Treasury), borrow;

(b)in section 2(3) after " guarantees)" insert

and section.

The Post Office Act 1969 (c. 48)

5In the Post Office Act 1969, in section 35(3), for the words " may, from such person and on such terms as he may, with the approval of the Treasury specify " substitute the words

(which shall require the approval of the Treasury) may.

The Civil Aviation Act 1971 (c. 75)

6In the Civil Aviation Act 1971—

(a)in section 8, in subsection (3), omit the words

from such persons and on such terms as the Secretary of State may from time to time specify,

and in subsection (4) omit the words

or specify any person or terms;

(b)in section 41, in subsection (3), for the words "borrow, from such persons and on such terms as the Secretary of State may from time to time specify " substitute the words

with the consent of the Secretary of State, borrow

and in subsection (5) omit the words

or specify any person or terms.

The Airports Authority Act 1972 (e. 8)

7In the Airports Authority Act 1972, in section 2(1) for the words "borrow, from such persons and on such terms as the Secretary of State may with the approval of the Treasury from time to time specify" substitute the words

with the consent of the Secretary of State (which shall require the approval of the Treasury), borrow.

The Housing Act 1974 (c. 44)

8In the Housing Act 1974, in section 7, for subsection (4) substitute—

(4)The Corporation may, with the consent of the Secretary of State, borrow—

(a)from the European Investment Bank or the Commission of the European Communities, sums in any currency; and

(b)from any other person, sums in a currency other than sterling.

Schedule 5Repeals

ChapterShort TitleExtent of Repeal
10 & 11 Geo. 6. c. 54.Electricity Act 1947.

In section 7, subsections (10), (11) and (11A). In section 7A,

subsections (9), (10) and (11).

2 & 3 Eliz. 2. c. 60.Electricity Reorganisation (Scotland) Act 1954.In Part I of Schedule 1, the specific adaptation of section 12 of the Hydro-Electric Development (Scotland) Act 1943.
1967 c. 33.Air Corporations Act 1967.In section 10(3) the word " temporary " (in paragraph (b)), and paragraph (c).
1968 c. 39.Gas and Electricity Act 1968.In section 2(3) the words " and 19 (central guarantee fund) ". Section 3.
1971 c. 75.Civil Aviation Act 1971.

In section 8, in subsection (3) the words " from such persons and on such terms as the Secretary of State may from time to time specify "; and in subsection (4) the words " or specify any person or terms ".

In section 41(5), the words " or specify any person or terms ".

1972 c. 12.Iron and Steel Act 1972.Section 1(3).
1972 c. 60.Gas Act 1972.In Schedule 3, in paragraph 1, the words " with the consent of the Minister for the Civil Service", wherever they occur.
1974 c. 8.Statutory Corporations (Financial Provisions) Act 1974.

Sections 1 to 3.

Section 5(1).

Schedule 1.

In Schedule 2, in paragraph 2, the amendments of section 12(1) of the Hydro-Electric Development (Scotland) Act 1943 and section 3 of the Gas and Electricity Act 1968.