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Aircraft and Shipbuilding Industries Act 1977

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3 Powers of the Corporations.E+W+S+N.I.

[F1(1)Subject to the provisions of this Act, British Shipbuilders shall have power to carry on the following activities, namely—

(a)the design, development, production, sale, repair and maintenance of ships and slow speed diesel marine engines;

(b)research into matters relating thereto;

(c)any activities which were carried on, immediately before the date of transfer, by a company which, by virtue of this Act, becomes a wholly owned subsidiary of British Shipbuilders; and

(d)with the consent of, or in accordance with the terms of any general authority given by, the Secretary of State, any other activities to which the consent or authority relates;

and British Shipbuilders may also promote the carrying on of any of those activities to such extent as it thinks fit by other persons none of whom need be a wholly owned subsidiary of British Shipbuilders.]

(2)Subject to subsection (3) below, each Corporation shall have power—

(a)to acquire by agreement, and to hold, interests in other bodies corporate;

(b)to form or take part in forming bodies corporate;

(c)to enter into partnerships with other persons; and

(d)to exercise all rights conferred by the holding of interests in bodies corporate.

(3)Except with the consent of, or in accordance with the terms of any general authority given by, the Secretary of State, neither Corporation shall have power—

(a)to exercise any of the powers conferred by paragraphs (a) to (c) of subsection (2) above; or

(b)to dispose of an interest in any of its wholly owned subsidiaries, unless the disposal is to another such wholly owned subsidiary.

(4)The powers conferred by subsection (2) above in relation to bodies corporate shall be exercisable whether or not they are or will be incorporated in the United Kingdom; and the power conferred by paragraph (c) of that subsection shall be exercisable whether or not the partnership will be governed by the law of any part of the United Kingdom.

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Each Corporation shall have power—

(a)with the consent of the Secretary of State to enter into and carry out agreements with the Minister of Overseas Development, being agreements whereunder the Corporation acts, at the expense of that Minister, as the instrument by means of which technical assistance is furnished by that Minister in exercise of the power conferred by section 1(1) of the M1Overseas Aid Act 1966; and

(b)with the consent of the Secretary of State and the Minister of Overseas Development, to enter into and carry out agreements whereunder the Corporation, for any purpose specified in that section, furnishes technical assistance in a country or territory outside the United Kingdom against reimbursement to the Corporation of the cost of furnishing that assistance.

(7)Each Corporation may, with the consent of the Secretary of State, promote Bills in Parliament, and may without any such consent oppose any Bill in Parliament; and any reference in this subsection to a Bill in Parliament includes a reference to an order under the M2Private Legislation Procedure (Scotland) Act 1936 and a proposed Measure introduced in the Northern Ireland Assembly.

(8)Each Corporation shall have power to do anything and to enter into any transaction (whether or not involving the expenditure of money, the borrowing or lending of money, the acquisition of any property or rights or the disposal of any property or rights) which in its opinion is calculated to facilitate the exercise or performance of the functions conferred on it under or by virtue of any enactment of which in its opinion is incidental or conducive to the exercise or performance of any such function.

(9)For the avoidance of doubt it is hereby declared that the preceding provisions of this section relate only to the capacity of each Corporation as a statutory corporation, and nothing in those provisions shall be construed as authorising the disregard by either Corporation of any enactment or rule of law.

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Amendments (Textual)

F2S. 3(5) repealed (19.11.1998) by 1998 c. 43, ss. 1(1), 2(3), Sch. 1 Pt. IV Group 5.

Modifications etc. (not altering text)

C1S. 3(6): functions of the Minister of Overseas Development now exercisable by Secretary of State for the time being discharging the functions expressed to be conferred on the Minister of Overseas Development by the Overseas Aid Act 1966 (c. 21): S.I. 1979/1451, art. 3(1), Sch. 2

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