Development of Rural Wales Act 1976

Development Board for Rural Wales E+W+S

1 Establishment and general function of Development Board for Rural Wales. E+W+S

(1) For the purpose of promoting the economic and social well-being of the people in the area of Wales for which it is responsible under this Act, there shall be a body to be called the Development Board for Rural Wales (in this Act referred to as “the Board”) having, in relation to that area, the functions conferred or imposed by this Act.

(2) The area in Wales for which the Board is responsible under this Act is, subject to subsection (3) below, the county of Powys and the districts of Ceredigion and Meirionnydd and such other areas in Wales as the Secretary of State may from time to time designate by order.

(3) The Secretary of State may by order designate an area which is to cease from the coming into operation of the order to be part of the area for which, by virtue of subsection (2) above, the Board is responsible under this Act.

(4) Before making an order under subsection (2) or (3) above, the Secretary of State shall consult—

(a) in the case of a proposal to make an order under subsection (2), the council of each county and of each district any part of whose area is or, if the order is made, will be included in the area for which the Board is responsible;

(b) in the case of a proposal to make an order under subsection (3), the council of each county and of each district any part of whose area is included in the area for which the Board is responsible;

(c) such organisations as appear to the Secretary of State to be representative of local authorities in Wales; and

(d) such other persons as appear to him to have an interest in the proposed change in the area for which the Board is responsible.

(5) Subject to subsection (6) below, the general function of the Board under this Act is to prepare, concert, promote, support and undertake measures for the economic and social development of the area for which it is responsible and in particular for the development of any area of a new town or new town situated within the area for which it is responsible.

(6) Except so far as it is authorised under section 4(1)(h) of this Act, the Board shall not engage in farming any land held by it or in forestry or afforestation on such land.

(7) Schedule 1 to this Act shall have effect in relation to the Board.

(8) An order under subsection (3) above may contain such incidental, consequential, transitional or supplemental provisions as appear to the Secretary of State to be necessary or expedient.

2 Directions of the Secretary of State to the Board. E+W+S

The Secretary of State may, after consultation with the Board, give to the Board directions as to the exercise and performance of their functions, and the Board shall give effect to any such directions.

3 Duties of the Board. E+W+S

(1) In pursuance of its general function under section 1(5) of this Act the Board shall have the following duties—

(a) to keep under review all matters relating to the economic and social development of the area for which it is responsible;

(b) from time to time to prepare and submit to the Secretary of State for his approval proposals (whether of a general or specific character) for the economic and social development of the area or any part of it;

(c) to concert, promote, support or undertake measures to implement any proposals so approved;

(d) to advise the Secretary of State on such matters relating to the Board’s functions as he may refer to the Board or as the Board may think fit;

(e) as soon as possible after the end of each accounting year, to make to the Secretary of State in accordance with paragraph 17 of Schedule 1 to this Act a report as respects that year on the discharge of its functions.

(2) In relation to any area of a new town or new town situated within the area for which the Board is responsible—

(a) no development corporation shall be established under [F1 section 3 of the New Towns Act 1981]for that town or if one has been so established it shall be dissolved by order of the Secretary of State under this paragraph on such day as may be specified in the order; and

(b) it shall be for the Board to discharge its functions under this Act and to discharge them under and in accordance with the new towns code in so far as that code confers or imposes functions or applies to the discharge of functions under this Act.

(3) Subsection (2) above applies whether the area of the new town was designated or the development corporation was established before or after the passing of this Act and whether the area of the new town was designated before or after the area of the new town became part of the area for which the Board is responsible.

(4) An order under subsection (2)(a) above—

(a) shall include provision transferring to the Board on the date on which the development corporation is dissolved the property, rights, liabilities and obligations of the development corporation;

(b) may include such further incidental, consequential, transitional or supplemental provisions as appear to the Secretary of State to be necessary or expedient;

and Schedule 2 to this Act shall have effect with respect to the members and staff of a development corporation dissolved by such an order.

(5) Subsection (2)(b) above applies also in relation to land which is (within the meaning of section 6(3) of this Act) associated with the area of a new town situated within the area for which the Board is responsible.

(6) The Board shall, before it prepares or submits proposals under subsection (1)(b) above to the Secretary of State for his approval, consult—

(a) each planning authority having functions in relation to the area for which the Board is responsible or the part of the area to which the proposals relate; and

(b) such other local authorities and other bodies as appear to the Board to have an interest in the proposals.

(7) The Secretary of State may, subject to paragraph 1 of Schedule 3 to this Act, approve in whole or in part (and with or without modifications) any proposals so submitted to him or may refuse to approve them.

(8) Copies of every report made to the Secretary of State under subsection (1)(e) above shall be laid by him before each House of Parliament.

Textual Amendments

F1 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), Sch. 12 para. 20

4 General powers of the Board. E+W+S

(1) For the purpose of enabling it to discharge its general function under this Act, the Board shall, subject to the provisions of this Act, have the following powers in relation to the area for which it is responsible, that is to say, power—

(a) to acquire, hold, manage, develop and dispose of land or other property;

(b) to carry out building and other operations;

(c) to provide services for any land or other property;

(d) to provide finance—

(i) for the taking by any local authority or statutory undertakers of such measures as the Board considers will contribute to the economic or social development of that area; or

(ii) for such activities of other persons as the Board considers will contribute to the social development of that area;

(e) as agent of the Welsh Development Agency, to provide finance for persons carrying on or intending to carry on industrial undertakings in that area;

(f) as agent of the Welsh Development Agency, to provide services (other than finance) for any undertaking or business which is or is intended to be carried on in that area;

(g) to carry on or acquire and carry on any undertaking or business;

(h) to do anything which is likely to facilitate the discharge of the Board’s functions or is incidental or conducive to their discharge.

(2) The things which may be done under paragraph (h) of subsection (1) above include the carrying out of agricultural operations and the carrying on of forestry and afforestation.

(3) The powers conferred by paragraphs (c), (d) and (h) of subsection (1) above may be exercised outside the area for which the Board is responsible.

(4) Finance may be provided under this section by way of grant, loan or the giving of guarantees or by any combination of those means.

(5) The conditions which may be attached to the provision of finance under this section include conditions for repayment of the whole or any part of a grant in any circumstances.

(6) The Board shall not exercise the powers—

(a) to dispose of land or other property, or

(b) to provide finance under subsection (1)(d) above, or

(c) to carry on or acquire and carry on any undertaking or business,

without the consent of the Secretary of State.

(7) The Secretary of State shall not consent under subsection (6) above to the provision of finance under subsection (1)(d) above without the approval of the Treasury.

(8) In exercising any of the powers conferred by subsection (1) above, the Board shall have regard to the need to conserve agricultural land and to the requirements of agriculture and efficient land management.

(9) Any consent or approval to the exercise of a power under this section may be given for the purpose of the particular case or for the purpose of a class of cases.

5 New towns within the Board’s area. E+W+S

(1) Schedule 3 to the Act, which enacts in relation to the Board and certain other authorities and to the areas of new towns for the development of which the Board is responsible under this Act provisions corresponding with provisions of the [F2 New Towns Act 1981]about—

(a) planning control,

(b) compulsory acquisition of land for roads,

(c) the procedure for compulsory acquisition of land,

(d) special powers for using land acquired,

(e) statutory undertakers affected by the acquisition of land, and

(f) the provision of sewerage services,

shall have effect (to the exclusion of any corresponding provision of that Act which is capable of applying within the area for which the Board is responsible).

(2) In this Act “the new towns code” means the provisions of section 6(2)(a) of and Schedule 3 to this Act, and any reference to a numbered Part of that code is a reference to the correspondingly numbered Part of that Schedule.

Textual Amendments

F2 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), Sch. 12 para. 21(a)

6 Acquisition of land. E+W+S

(1) The power to acquire land conferred on the Board by section 4(1) of this Act is a power—

(a) to acquire land by agreement, with the approval of the Secretary of State, and

(b) to acquire land compulsorily, if so authorised by the Secretary of State,

for the purpose of enabling the Board to discharge its general function under this Act.

(2) The power of the Board under the said section 4(1) to acquire land compulsorily shall be exercised as follows, that is to say—

(a) where the land is situated within the area of a new town or is land associated with the area of a new town, by means of a compulsory purchase order under this paragraph made by the Board and submitted to and confirmed by the Secretary of State in accordance with Part III of the new towns code;

(b) in the case of any other land, by means of a compulsory purchase [F3 to which the Acquisition of Land Act 1981 shall apply];

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(3) For the purposes of subsection (2) above, land is associated with the area of a new town if it is land—

(a) which is adjacent to that area and is required for purposes connected with the development of the new town by the Board; or

(b) which, whether adjacent to that area or not, is required for the provision of services for the purposes of the new town.

(4) Part I of the M1 Compulsory Purchase Act 1965 shall apply—

(a) for the purposes of the acquisition of land under this Act by agreement so far as it is applicable and in particular as if section 27 (making good rate deficiencies) were omitted;

(b) for the purposes of the acquisition of land under the new towns code as if—

(i) “acquiring authority" had the meaning given in the code;

(ii) the new towns code and the compulsory purchase order made under the code were the special Act;

(iii) sections 27 and 30(3) (notices) were omitted; and subject to Part IV of that code and any other necessary modifications.

(5) A compulsory purchase order under any provision of this Act may provide for the acquisition of rights over land by creating them as well as for the acquisition of rights already in existence [F5 and Schedule 3 to the Acquisition of Land Act 1981 shall apply where the compulsory purchase order is made under that Act].

(6) . . . F6 The M2 Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make them apply to the compulsory acquisition of rights by virtue of subsection (5) above as they apply to the compulsory acquisition of land so that, in appropriate contexts, references in those Acts to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context.

(7) Without prejudice to the generality of subsection (6) above, in relation to the acquisition of rights by virtue of subsection (5) above—

(a) . . . F7

(b) Part I of the said Act of 1965 . . . F8 shall have effect with the modifications specified in Part II of Schedule 4 to this Act; and

(c) the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.

(8) The Board may, with the approval of the Secretary of State, appropriate land acquired for the purpose of any of the Board’s functions to the purpose of any of its other functions.

Textual Amendments

F3 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 4 para. 27(2)

F4 Words repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 6 Pt. I

F5 Words added by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 27(3)

F6 Words repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I

F7 S. 6(7)(a) repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I

F8 Words repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I

Marginal Citations

M1 1965 c. 56.

M2 1965 c. 56.

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W+S

Textual Amendments

F9 S. 7 repealed by Overseas Development and Co-operation Act 1980 (c. 63, SIF 88), s. 18, Sch. 2 Pt. I

8 Assistance to the Board from public authorities and others. E+W+S

(1) The Board may appoint a local authority, development corporation of a new town or any other body of a public nature to discharge any of the Board’s functions on its behalf and that authority, corporation or body shall have power to do whatever is necessary to enable it to discharge the functions it is so appointed to discharge.

(2) The Board may, with the consent of [F10 Housing for Wales], appoint a registered housing association to discharge on behalf of the Board the Board’s function of providing housing under section 4(1) of this Act.

(3) For the purpose of assisting the Board to discharge its functions (whether in pursuance of subsection (1) above or otherwise), a local authority, development corporation of a new town or other body of a public nature may, on being so requested by the Board, place the services of its staff at the Board’s disposal, on such terms as may be agreed with the Board.

(4) In this section “housing association" and, in relation to it, “registered” have the same meanings as in [F11 the Housing Associations Act 1985].

Textual Amendments

F10 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. II para. 97

F11 Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 32

9 Borrowing powers of the Board. E+W+S

(1) The Board may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions—

(a) in sterling from the Secretary of State, or

(b) with the consent of the Secretary of State, or in accordance with any general authority given by the Secretary of State, either in sterling or in a currency other than sterling from a person other than the Secretary of State.

(2) The Board may borrow otherwise than by way of temporary loan such sums as the Board may require—

(a) in sterling from the Secretary of State, or

(b) with the consent of the Secretary of State, in a currency other than sterling from a person other than the Secretary of State.

(3) The Board may, with the consent of the Secretary of State, borrow otherwise than by way of temporary loan from the Commission of the European Communities or the European Investment Bank sums in any currency.

(4) The Board shall not borrow money otherwise than under this section.

(5) The Secretary of State may lend to the Board any sums which the Board has power to borrow from him, and any such loan shall be repaid to the Secretary of State at such times and by such methods, and interest on the loan shall be paid to him at such rates and at such times, as he may from time to time determine.

(6) The Treasury may issue out of the National Loans Fund to the Secretary of State such sums as are necessary to enable him to make loans under this section, and any sums received by the Secretary of State in pursuance of subsection (5) above shall be paid into that Fund.

(7) The Secretary of State shall prepare in respect of each financial year an account of the sums issued to him in pursuance of subsection (6) above and the sums received by him in pursuance of subsection (5) above and of the disposal by him of those sums.

(8) The Secretary of State shall send the account prepared under subsection (7) above to the Comptroller and Auditor General before the end of the month of November next following the end of the year to which the account relates.

(9) The Comptroller and Auditor General shall examine, certify and report on the account so sent to him and shall lay copies of the account and of his report on it before each House of Parliament.

(10) The Secretary of State shall not lend money to the Board under this section or give his consent or authority to the Board’s borrowing money under this section or make any determination under subsection (5) above without the approval of the Treasury.

(11) The Secretary of State shall prepare the account required by subsection (7) above in such manner and the account shall be in such form as the Treasury may direct.

10 Treasury guarantees. E+W+S

(1) The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of [F12 the payment of interest on and the discharge of any other financial obligation in connection with]any sums which the Board borrows from a person other than the Secretary of State.

(2) Immediately after a guarantee is given under this section the Treasury shall lay a statement of the guarantee before each House of Parliament.

(3) Where any sum is issued for fulfilling a guarantee given under this section the Treasury shall, as soon as practicable after the end of each financial year (beginning with that in which the sum is issued and ending with that in which the liability in respect of the principal of the sum and in respect of interest thereon is finally discharged), lay before each House of Parliament a statement relating to that sum.

(4) Any sums required by the Treasury for fulfilling a guarantee given under this section shall be charged on and issued out of the Consolidated Fund.

(5) If any sums are issued in fulfilment of a guarantee given under this section, the Board shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments of such amounts as the Treasury so direct in or towards repayment of the sums so issued and payments of interest, at such rate as the Treasury so direct on what is outstanding for the time being in respect of sums so issued.

(6) Any sums received by the Treasury in pursuance of subsection (5) above shall be paid into the Consolidated Fund.

Textual Amendments

F12 Words substituted by Miscellaneous Financial Provisions Act 1983 (c. 29, SIF 99:1), s. 4(1), Sch. 2

11 Financing of the Board out of public money. E+W+S

(1) The Secretary of State may pay to the Board such sums in respect of expenditure incurred or to be incurred by the Board for the purpose of meeting its obligations or discharging its functions as he may, with the consent of the Treasury, determine.

(2) Any expenditure incurred or to be incurred by the Board in consequence of the transfer under section 3(2)(a) of this Act to the Board of the property, rights, liabilities and obligations of a development corporation is expenditure incurred or to be incurred for that purpose.

12 Limit on public money made available to the Board. E+W+S

(1) The aggregate amount outstanding, otherwise than by way of interest, in respect of—

(a) sums borrowed by the Board under section 9 of this Act;

(b) sums issued by the Treasury in fulfilment of guarantees under section 10 of this Act; and

(c) sums paid to the Board by the Secretary of State under section 11 of this Act;

shall not exceed the limit specified in subsection (2) below.

[F13 (2) The said limit is £100 million.]

(3) . . . F14

Textual Amendments

F13 S. 12(2) substituted by Industry Act 1981 (c. 6, SIF 64), s. 2(3)

F14 S. 12(3) repealed by Industry Act 1981 (c. 6, SIF 64), s. 7(3), Sch.

13 Disposal of surplus funds of the Board. E+W+S

(1) Where it appears to the Secretary of State, after consultation with the Board and the Treasury, that the Board has a surplus, whether on capital or on revenue account, after making allowance for sums set aside by way of transfer to reserve or otherwise for the Board’s future requirements, the Board shall, if the Secretary of State so directs after consultation with the Board and the Treasury, pay to the Secretary of State such sums not exceeding the amount of that surplus as may be specified in the direction.

(2) Any sums received by the Secretary of State in pursuance of subsection (1) above shall, subject to subsections (3) and (4) below, be paid into the Consolidated Fund.

(3) The whole or part of any payments made to the Secretary of State by the Board in pursuance of subsection (1) above shall, if the Secretary of State with the approval of the Treasury so determines, be treated as made by way of repayment of so much of any money lent to the Board under section 9 of this Act by the Secretary of State, and as made in respect of repayments due at such times, as may be so determined.

(4) Any sum treated under subsection (3) above as a repayment of money lent to the Board by the Secretary of State shall be paid by the Secretary of State into the National Loans Fund.

[F15 13A Powers to extinguish certain loan obligations of the Board. E+W+S

(1) The Secretary of State may, with the Treasury’s consent, by order made by statutory instrument, extinguish to such extent as may be specified in the order any liabilities of the Board in respect of sums borrowed by the Board under section 9(2)(a) above for the purposes of its functions in respect of the development of new towns.

(2) Where liabilities are extinguished under this section the assets of the National Loans Fund shall be reduced by amounts corresponding to the liabilities so extinguished.

(3) No order shall be made under this section after 30th September 1986.

(4) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, the House of Commons.]

Textual Amendments

F15 S. 13A inserted (E.W.) by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 11, Sch. 2 para. 1

14 Accounts of the Board and other information. E+W+S

(1) The Board shall—

(a) keep proper accounts and proper records in relation to the accounts;

(b) prepare in respect of each accounting year of the Board a statement of accounts in such form as the Secretary of State may, with the approval of the Treasury, determine.

(2) The statement of accounts prepared by the Board for each accounting year shall be submitted to the Secretary of State at such time as he may direct.

(3) The Secretary of State shall, on or before the 30th November in any year, send to the Comptroller and Auditor General the statement of accounts prepared by the Board under subsection (1) above for the accounting year last ended.

(4) The Comptroller and Auditor General shall examine, certify and report on the statement of accounts sent to him under subsection (3) above and shall lay copies of the statement of accounts and of his report on them before each House of Parliament.

(5) The Board shall provide the Secretary of State with such information relating to its activities or proposed activities as he may from time to time require.

(6) The Board shall, for the purpose of providing such information, permit any person authorised in that behalf by the Secretary of State or the Comptroller and Auditor General to inspect and make copies of its accounts, books, documents or papers and shall afford to that person such explanation thereof as he may reasonably require.

15 Powers of entry. E+W+S

(1) Any person duly authorised in writing by the Secretary of State or the Board may, at any reasonable time, enter upon land in order to survey it or estimate its value—

(a) for the purpose of determining whether and, if so, in what manner any of the functions of the Board or of the Secretary of State under this Act should be discharged in relation to that land;

(b) in connection with any proposals for submission or any proposals submitted by the Board to the Secretary of State under section 3(1)(b) of this Act;

(c) where the Board has under consideration the purchase of the land or the carrying out on the land of any building or other operations or the provision of services for the land or is authorised to acquire it.

(2) Any person duly authorised in writing by a local highway authority may, at any reasonable time, enter upon land in order to survey it or estimate its value where the local highway authority has under consideration the acquisition of the land under Part II of the new towns code or is authorised so to acquire it.

(3) The power conferred by subsection (1) above includes power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.

(4) A person entering upon land by virtue of subsection (1) or (2) above may take with him such other persons as may be necessary.

(5) A person authorised under subsection (1) or (2) above to enter upon land shall, if so required by the occupier or anyone acting on his behalf, produce evidence of his authority, and shall not demand admission as of right to any land which is occupied unless at least 5 days notice, or in the case of land occupied for residential purposes at least 14 days notice, of the intended entry has been given to the occupier.

(6) A person shall not carry out any works authorised by subsection (1) above unless notice of his intention to do so has been included in the notice required by subsection (5) above, and if the land in question is held by statutory undertakers and those undertakers object to the proposed works on the ground that the carrying out of those works would be seriously detrimental to the carrying on of their statutory undertaking, the works shall not be carried out without the authority of the appropriate Minister.

(7) It shall be the duty of a person exercising the power conferred by subsection (1) or (2) above—

(a) to take reasonable care to avoid damage to plant, machinery, equipment, livestock, crops or enclosures; and

(b) on leaving the land to secure it as effectively against unauthorised entry as he found it.

(8) Where any land is damaged in the exercise of the power conferred by subsection (1) or (2) above, compensation in respect of that damage may be recovered by any person interested in the land from the Secretary of State, the Board or the local highway authority, as the case may be.

(9) A person who wilfully obstructs a person acting in the exercise of the power conferred by subsection (1) or (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

16 Power of the Board to obtain information about land. E+W+S

(1) If the Board is considering discharging any of its functions under this Act in relation to any land, it may, by notice served on the owner or occupier of that land, require him to state in writing the nature of his interest therein and the name and address of any other person known to him as having an interest therein, whether as a freeholder, mortgagee, lessee, or otherwise.

(2) Any person who, having been required in pursuance of subsection (1) above to give any information, refuses or fails without reasonable cause to give that information shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

(3) Any person who, having been so required to give any information, gives information which he knows to be false, shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding £400, or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to, any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or a 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.

(5) Where the affairs of a body corporate are managed by its members, subsection (4) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

17 Disclosure to the Board of information about businesses in its area. E+W+S

(1) Nothing in section 9 of the M3 Statistics of Trade Act 1947 (restrictions on disclosure of information obtained under that Act) shall prevent or penalise the disclosure by the Secretary of State . . . F16 to an officer of the Board of information obtained under that Act, consisting of—

(a) the name and address of any establishment,

(b) the numbers of persons of different descriptions employed there, and

(c) the nature of the activities carried on there.

(2) Section 4 of the M4 Employment and Training Act 1973 (obtaining and disclosure of information by the Commission and Agencies) shall accordingly have effect as if—

(a) in subsection (3)(e), after the word “1972" there were inserted the words “the Development Board for Rural Wales" ;

(b) in subsection (5), after paragraph (e), there were inserted the following paragraph—

“(f) in the case of information given to an officer of the Development Board for Rural Wales, the purposes of functions conferred or imposed on that Board by the Development of Rural Wales Act 1976;”.

Textual Amendments

F16 Words repealed by virtue of Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 17(2), Sch. 7 Pt. I

Modifications etc. (not altering text)

C1 The text of ss. 17(2), 23 and 27 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M3 1947 c. 39.

M4 1973 c. 50.

[F17 18 Housing subsidy. E+W+S

(1) There shall be payable to the Board in accordance with Parts I and II of Schedule 5 to this Act a subsidy, consisting of three elements, in respect of housing provided by the Board in any part of the area for which the Board is responsible.

(2) The three elements of the subsidy payable under this section (which correspond with elements in the housing subsidy payable to new town corporations under section 2 of the M5 Housing Rents and Subsidies Act 1975) are—

(a) the basic element,

(b) the new capital costs element, and

(c) the high costs element.

(3) The subsidy payable under this section shall be payable for the credit of the housing account kept by the Board.]

Textual Amendments

F17 S. 18 repealed (prosp.) (E.W.S.) by Housing Act 1980 (c. 51, SIF 61), ss. 152, 153, Sch. 26

Modifications etc. (not altering text)

C2 S. 18 superseded (E.W.) by Housing Act 1980 (c. 51, SIF 61), ss. 96, 98(2), 101(3), 147(3), Sch. 11 Pt. I

Marginal Citations

M5 1975 c. 6.

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 E+W+S

Textual Amendments

F18 S. 19 repealed and superseded with saving by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), s. 32(7), Sch. 5 and S.I. 1982/906, art. 3(2) and wholly repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4.

20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 E+W+S

Textual Amendments

F19 S. 20 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), s. 28(5), Sch. 5 and wholly repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4.

21 Financial assistance towards tenant’s removal expenses. E+W+S

(1) The Board shall, in the discharge of its functions of management under section 4(1)(a) of this Act, have power in every case where a tenant of one of the Board’s housing account dwellings moves to another dwelling (whether or not that dwelling is also a dwelling provided by the Board)—

(a) to pay any expenses of the removal;

(b) subject to subsection (2) below, where the tenant is purchasing the dwelling, to pay any expenses incurred by him in connection with the purchase other than the purchase price.

(2) Subsection (1)(b) above shall only apply in a case where a tenant of a housing account dwelling of the Board moves to another dwelling of the Board if that dwelling has never been let or was built expressly with a view to sale or for letting.

(3) Without prejudice to section 2 of this Act, the Secretary of State may give directions to the Board as to the expenses which may be treated for the purposes of this section as incurred in connection with the purchase of a dwelling and limiting the amount which the Board may pay in respect of such expenses.

(4) The Board may make the payment of expenses under this section subject to such conditions as it thinks fit.

22 Exclusion dwellings from sections 18 to 21 and the rent rebate scheme. E+W+S

Where the Secretary of State is satisfied that it is inappropriate that any of the provisions of section [F20 18], . . . F21 21 of this Act . . . F21 should apply in relation to a dwelling provided by the Board under this Act, he may direct that, for the purposes specified in the direction, it shall not be treated as a housing account dwelling of the Board.

Textual Amendments

F20 “18" repealed with saving (prosp.) by Housing Act 1980 (c. 51, SIF 61), s. 153(4), Sch. 26

F21 Words repealed by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), s. 48(6), Sch. 5

Provisions about the Welsh Development Agency E+W+S

Modifications etc. (not altering text)

C3 The text of ss. 17(2), 23 and 27 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

23 Amendments of Welsh Development Agency Act 1975. E+W+S

(1) M6 The Welsh Development Agency Act 1975 shall be amended as provided in this section.

(2) In section 2(1) (membership of the Agency), for the words “six nor more than eight" there shall be substituted the words “seven nor more than nine".

(3) In section 2, after subsection (1) there shall be inserted the following subsection—

“(1A) One member of the Agency shall be the person who is chairman for the time being of the Development Board for Rural Wales.”;

and in subsection (2) (appointment of members by Secretary of State), after the words “other members of the Agency", there shall be inserted the words “(other than the chairman of the Development Board for Rural Wales)".

(4) In section 5 (Agency may discharge certain of their functions through agents), after subsection (1), there shall be inserted the following subsection—

“(1A) The Agency may appoint the Development Board for Rural Wales to act as their agent to carry out the Agency’s functions mentioned in section 1(3)(b) to (d) above.”

Modifications etc. (not altering text)

C4 The text of ss. 17(2), 23 and 27 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M6 1975 c. 70.

24 Transfer to the Board of industrial property of the Welsh Development Agency. E+W+S

(1) This section applies to property of the following descriptions, that is to say, industrial sites, factories and land used for industrial purposes which—

(a) is or are situated within the area for which the Board is responsible, and

(b) at the day appointed for this section to come into operation, is or are vested in the Welsh Development Agency;

and to all rights, obligations and liabilities arising out of the ownership or occupation of such property (in this section referred to as “related rights, obligations and liabilities”).

(2) The Secretary of State may from time to time by order under this section transfer from the Welsh Development Agency to the Board on such date as may be specified in the order such property to which this section applies together with such related rights, obligations and liabilities of the Agency at that date as may be specified in the order.

Provision for staff at the Council for Small Industries in Rural Areas E+W+S

25 Provision for staff of the Council for Small Industries in Rural Areas. E+W+S

(1) Schedule 6 to this Act shall have effect in relation to staff employed by the Council for Small Industries in Rural Areas.

(2) In that Schedule “the Council” means the Council referred to in subsection (1) above and “the Agency” means the Welsh Development Agency.

Financial assistance to social bodies in Wales E+W+S

26 Financial assistance to bodies contributing to the social development of Wales. E+W+S

(1) Subject to subsection (2) below, the Secretary of State may, with the approval of the Treasury, give financial assistance to any person (other than the Board) engaged in an activity in Wales which the Secretary of State considers will contribute to the social development of Wales or any part of Wales.

(2) The Secretary of State shall not give financial assistance under this section to a person who carries on or intends to carry on an industrial undertaking.

(3) The financial assistance may be by way of grant, loan or the giving of guarantees or by any combination of those means.

(4) The conditions which may be attached to the giving of financial assistance under this section include conditions for repayment of the whole or any part of a grant in any circumstances.

(5) Any sums repaid to the Secretary of State in pursuance of this section shall be paid by him into the Consolidated Fund.

Supplemental E+W+S

27 Amendments of Acts. E+W+S

The enactments specified in Schedule 7 to this Act shall be amended in accordance with the provisions of that Schedule.

Modifications etc. (not altering text)

C5 The text of ss. 17(2), 23 and 27 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

28 Service of notices. E+W+S

(1) This section has effect in relation to any document required or authorised by or under this Act to be served on any person other than a document in relation to which provision as to service is made by the new towns code or the [F22 Acquisition of Land Act 1981].

(2) Any such document may be served on the person to be served either by delivering it to him, or by leaving it at his proper address, or by sending it by post.

(3) Any such document required or authorised to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(4) For the purposes of this section, and of section 26 of the M7 Interpretation Act 1889 in its application to this section, the proper address of a person shall be—

(a) in the case of a secretary or clerk of a body corporate, that of the registered or principal office of that body;

(b) in the case of a partner of a firm, that of the principal office of the firm;

(c) in any other case, the last known address of the person to be served.

Textual Amendments

F22 Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(1), Sch. 4 para. 1 Table

Marginal Citations

M7 1889 c. 63.

29 Regulations, orders and directions. E+W+S

(1) The power to make regulations or orders under this Act (other than orders excepted from this provision by subsection (2) below) shall be exercisable by statutory instrument.

(2) The orders excepted from subsection (1) above are compulsory purchase orders and orders under any provision of Schedule 3 to this Act.

(3) A statutory instrument containing regulations made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing an order under subsection (2) or (3) of section 1 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Any power to make an order (other than a compulsory purchase order) under this Act includes a power, exercisable in the like manner and subject to the like conditions, to vary or revoke the order.

(6) A direction under any provision of this Act may be—

(a) either general or limited to a particular case or class of cases, or

(b) unconditional or subject to conditions,

and may be varied or revoked by a subsequent direction under that provision.

30 Crown land. E+W+S

The powers conferred by this Act shall be exercisable, with the consent of the appropriate authority, in relation to Crown land, but none of the provisions of this Act shall be construed as prejudicing any Crown interest or Duchy interest in Crown land; and expressions used in this section and [F23 subsections (1) and (2) of section 293 of the Town and Country Planning Act 1990]have the same meaning in this section as in [F23 those subsections].

Textual Amendments

F23 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 37(1)

F24 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F24 S. 31 repealed by Finance Act 1985 (c. 54, SIF 63:1), s. 98(6), Sch. 27 Pt. X Note 2

32 Exemption from stamp duty. E+W+S

Stamp duty shall not be payable on an order under section 3(2)(a) or section 24 of this Act or on an order under paragraph 52 of Schedule 3 to this Act.

33 Expenses. E+W+S

There shall be paid out of money provided by Parliament—

(a) any subsidy under this Act,

(b) any grants or loans made or other sums paid by the Secretary of State under this Act,

(c) any expenses of any Minister under this Act, and

(d) any increase in the sums payable out of money provided by Parliament under any other Act which is attributable to this Act.

34 Interpretation. E+W+S

(1) In this Act, except where the context otherwise requires—

• “accounting year”, in relation to the Board, means the period of twelve months ending with the 31st March in any year, except that the Board’s first accounting year shall begin with the day on which the Board is incorporated by virtue of this Act and end on 31st March 1978;

• “acquired under the new towns code", and cognate expressions, have the meanings given by paragraph 56 of Schedule 3 to this Act;

• “appropriate Minister” has the meaning given by paragraph 56 of Schedule 3 to this Act;

• “development”, in relation to a new town, includes laying out and redevelopment;

• “farming” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur or the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and “agricultural” and “agricultural operations” shall be construed accordingly;

• “housing account dwelling”, in relation to the Board, means a dwelling which is within the Board’s housing account but excluding a dwelling for the time being let on a long tenancy at a low rent within the meaning of the M8 Leasehold Reform Act 1967 and a dwelling no longer owned by the Board;

• “industrial” is to be taken as including a reference to any description of commercial activity;

• “land” includes any estate or interest in or right over land;

• “local authority” means the council of a county, of a district or of a community and includes any joint board or joint committee if all the constituent authorities are local authorities;

• “local highway authority” means a highway authority other than the Secretary of State;

• “new town” and “area of a new town” have the same meanings as in the [F25 New Towns Act 1981];

• “the new towns code” has the meaning given by section 5(2) of this Act;

• “operational land”, in relation to statutory undertakers, means—

  (a)

  land which is used for the purpose of carrying on their undertaking, and

  (b)

  land in which an interest is held for that purpose,

  not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings;

• “statutory undertakers” means—

  (a)

  persons authorised by virtue of any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . F26 , . . . F27 [F28 hydraulic power or water][F28 or hydraulic power], and

  (b)

  . . . F29 the Civil Aviation Authority, the [F30 British Coal Corporation], the Post Office, the United Kingdom Atomic Energy Authority;

  and “statutory undertaking” shall be construed accordingly.

(2) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

Textual Amendments

F25 Words substituted by New Towns Act 1981 (c. 64, SIF 123:3), Sch. 12 para. 21(b)

F26 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 paras. 33, 35(1), Sch. 18

F27 Word and comma repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

F28 Words “or hydraulic power" substituted (E.W.) for the words “hydraulic power or water" by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 54 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

F29 Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I

F30 Words substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2)(3), Sch. 1 para. 33

Marginal Citations

M8 1967 c. 88.

35 Citation commencement and extent. E+W+S

(1) This Act may be cited as the Development of Rural Wales Act 1976.

(2) This Act (except this section) shall come into operation on such day as the Secretary of State may by order appoint and different days may be appointed under this subsection for different provisions of this Act.

(3) With the exception of paragraph 8 of Schedule 1, this Act does not extend to Northern Ireland.

Modifications etc. (not altering text)

C6 Power of appointment conferred by s. 35(2) fully exercised.