Industrial Development Act 1982

SCHEDULES

Section 5.

SCHEDULE 1 Enforcement of Conditions attached to Regional Development Grants

1 (1) The Secretary of State may by notice require any person who has received a grant under Part II 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) Subject to sub-paragraph (3) below, 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.

(3) 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 28 days beginning with the service of the notice.

(4) 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 his 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 II 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 1 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 the statutory maximum, 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 level 5 on the standard scale.

(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 level 3 on the standard scale.

(4) In relation to offences under this paragraph committed in England and Wales before the coming into force of section 38 of the [1982 c. 48.] Criminal Justice Act 1982 or in Scotland before the coming into force of section 54 of that Act—

(a) the reference in sub-paragraph (2) above to level 5 on the standard scale shall have effect as a reference to £400 ; and

(b) the reference in sub-paragraph (3) above to level 3 on the standard scale shall have effect as a reference to £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 II 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 the statutory maximum.

(2) 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 that limitation and notwithstanding anything in section 331 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, 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 (3) of the said section 331 shall apply for the purposes of this paragraph as it applies for the purposes of that section.

(3) For the purposes of this paragraph, a certificate of the Lord Advocate or, as the case may be, the Secretary of State 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.

6 References in this Schedule to grant under Part II of this Act shall include references to grant under Part I of the [1972 c. 63.] Industry Act 1972.

Section 19.

SCHEDULE 2 Consequential Amendments, Transitional Provisions and Savings

PART I Old Cases Etc

1 The enactments repealed by this Act and the instruments made under those enactments shall continue to have effect after the commencement of this Act for the purpose of the making of grants under Part I of the Industry Act 1972 in respect of expenditure incurred in providing an asset as part of, or on or for use in any premises if—

(a) the asset was provided before 1st August 1980 ; or

(b) the expenditure was defrayed before 18th July 1979 ; or

(c) the asset consists of a building or works provided in a derelict land clearance area and the construction of the building or the carrying out of the works was begun before 22nd March 1974.

2 (1) In Articles 5, 5A, 5B, 5C and 5D of the [S.I. 1979/837.] Assisted Areas Order 1979 (which contain transitional provisions in connection with changes in the categories of the assisted areas) references to Part I of the Industry Act 1972 shall have effect on and after the commencement of this Act as if they included references to Part II of this Act.

(2) Where apart from this sub-paragraph the amount of a grant under Part II of this Act towards expenditure falling within sub-paragraph (3) below would be less than 20 per cent, of the expenditure, the amount shall instead be 20 per cent, of the expenditure.

(3) The expenditure falling within this sub-paragraph is expenditure incurred—

(a) in providing an asset as part of, or on or for use in, qualifying premises in a relevant special development area in such circumstances that, by reason of Article 5(1) and (4)(d) or Article 5A(2) and (5)(b) of the [S.I. 1979/837.] Assisted Areas Order 1979 (as amended by sub-paragraph (1) above), any grant under Part II of this Act towards the expenditure is to be made at the rate appropriate to a development area which is not a special development area, or

(b) in providing a building or works at any time as part of or on qualifying premises in a relevant development area in such circumstances that, by reason of Article 5(2) and (4)(d) of that order (as so amended), no grant may be made under Part II of this Act towards any expenditure incurred in providing machinery or plant at that time for use in those premises.

(4) In sub-paragraph (3) above—

(a) " relevant special development area " means an area which became a special development area on the coming into operation of the [S.I. 1977/683.] Assisted Areas Order 1977, the Assisted Areas Order 1979 or the [S.I. 1979/1642.] Assisted Areas (Amendment) Order 1979, and

(b) "relevant development area" means an area which became a development area on the coming into operation of the Assisted Areas Order 1977, the [S.I. 1977/706.] Assisted Areas (No. 2) Order 1977 or the Assisted Areas Order 1979.

(5) The preceding provisions of this paragraph are without prejudice to the provisions of an order made after the commencement of this Act under section 1 of this Act, and such an order may amend or repeal sub-paragraph (1) above.

(6) Notwithstanding its enactment by this Act, sub-paragraph (1) above shall have effect subject to any question arising as to the validity of the provisions in the Articles mentioned in that sub-paragraph referring to Part I of the [1972 c. 63.] Industry Act 1972.

PART II Miscellaneous

The Distribution of Industry Acts 1945 to 1958

1 The repeal by this Act of paragraph 3 of Schedule 2 to the [1972 c. 5.] Local Employment Act 1972 shall be without prejudice to—

(a) the continued operation as mentioned in that paragraph of any agreement relating to loans or grants entered into under the Distribution of Industry Acts 1945 to 1958 ;

(b) the payment of further instalments of a grant under section 3 of the [1945 c. 36.] Distribution of Industry Act 1945 in pursuance of arrangements made before 1st April 1960;

(c) the continued payment to a housing association of grants under section 3(2) of the [1950 c. 8.] Distribution of Industry Act 1950 in respect of dwellings provided before 1st April 1960, being grants which the Board of Trade agreed to make.

The Landlord and Tenant Act 1954

2 In section 60 of the [1954 c. 56.] Landlord and Tenant Act 1954—

(a) the application by subsection (1) of section 2(1) of the [1972 c. 5.] Local Employment Act 1972 shall continue to have effect notwithstanding the repeal by this Act of Part I of Schedule 4 to the [1972 c. 63.] Industry Act 1972 ; and

(b) for subsection (3) there shall be substituted the following subsection—

“(3) In this section ' development area' and ' intermediate area' mean an area for the time being specified as a development area or, as the case may be, as an intermediate area by an order made, or having effect as if made, under section 1 of the Industrial Development Act 1982.”

The Building Control Act 1966

3 In section 4(5) of the [1966 c. 27.] Building Control Act 1966, for the words, from " by an order " to " the Local Employment Act 1972 " there shall be substituted the words " by an order made, or having effect as if made, under section 1 of the Industrial Development Act 1982 or, in relation to a time before the commencement of that Act, under the Local Employment Act 1972 ".

The Capital Allowances Act 1968

4 (1) In sections 84(1) and 95(6) of the [1968 c. 3.] Capital Allowances Act 1968—

(a) for the words "under Part I" there shall be substituted the words " under the provisions of Part II of the Industrial Development Act 1982 or Part I "; and

(b) for the words "the said Part I" there shall be substituted the words " those provisions ".

(2) Any statutory instrument made before the commencement of this Act under a provision amended by sub-paragraph (1) above shall (subject to any power to amend or revoke the instrument) have effect after the commencement of this Act, with the necessary modifications, as if made under the provision as so amended.

The Development of Tourism Act 1969

5 In subsection (3) of section 11 of the [1969 c. 51.] Development of Tourism Act 1969, for the words from " by an order" onwards there shall be substituted the words " by an order made, or having effect as if made, under section 1 of the Industrial Development Act 1982 or, in relation to a time before the commencement of that Act, under section 1 of the Local Employment Act 1972 ".

The Finance Act 1971

6 In section 52(1) of the [1971 c. 68.] Finance Act 1971, for the words " within the meaning of the Local Employment Act 1972)" there shall be substituted the words " (that is to say, an area specified as such by an order made, or having effect as if made, under section 1 of the Industrial Development Act 1982 or, in relation to a time before the commencement of that Act, a development area within the meaning of the [1972 c. 5.] Local Employment Act 1972) ".

The Town and Country Planning Act 1971

7 (1) In section 67(7) of the [1971 c. 78.] Town and Country Planning Act 1971, for the definition of "development area" there shall be substituted the following definition: —

• “' development area' means any area specified as such by an order made, or having effect as if made, under section 1 of the Industrial Development Act 1982”.

(2) In section 124(8) of that Act, for the words " section 5, 8, 13(1) or 14 of the Local Employment Act 1972" there shall be substituted the words " section 14(1) or (4) or 17(3) of the Industrial Development Act 1982 ".

The Local Employment Act 1972

8 The repeal by this Act of paragraph 3 of Schedule 2 to the [1972 c. 63.] Industry Act 1972 shall not affect any liability by virtue of that paragraph (savings for repeals of provisions of the Local Employment Act 1972) for any offence committed before the commencement of this Act.

9 Nothing in this Act shall prejudice the operation, in relation to section 8 of the Local Employment Act 1972, of the transitional provisions contained in section 8(7) of the [1975 c. 69.] Scottish Development Agency Act 1975 and sections 1(12) and 2(3) of the [1982 c. 42.] Derelict Land Act 1982.

The Town and Country Planning (Scotland) Act 1972

10 In section 65(6) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972, for the definition of " development area " there shall be substituted the following definition: —

• “' development area' means any area specified as such by an order made, or having effect as if made, under section 1 of the Industrial Development Act 1982”.

The House of Commons Disqualification Act 1975

11 In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975, for the words " or Part II of the Industry Act 1972 " there shall be substituted the words " Part II of the Industry Act 1972 or Part III or section 13 of the Industrial Development Act 1982 ".

The Industry Act 1975

12 In section 37(1) of the [1975 c. 68.] Industry Act 1975, for the words " the [1972 c. 63.] Industry Act 1972 " mere shall be substituted the words " the Industrial Development Act 1982 ".

Advisory Boards in Scotland and Wales

13 In section 20 of the [1975 c. 69.] Scottish Development Agency Act 1975 and in section 13 of the [1975 c. 70.] Welsh Development Agency Act 1975, for the words " the Industry Act 1972 ", wherever occurring, there shall be substituted the words " the Industrial Development Act 1982 ".

The Energy Act 1976

14 In section 21 of the [1976 c. 76.] Energy Act 1976, for the words "the Industry Act 1972 " there shall be substituted the words " the Industrial Development Act 1982 ".

The British Aerospace Act 1980

15 In paragraph 3 of Schedule 1 to the [1980 c. 26.] British Aerospace Act 1980—

(a) in sub-paragraph (1), after the words " the Industry Act 1972 " there shall be inserted the words " and Part II of the Industrial Development Act 1982 " and for the words " of that Act" there shall be substituted " of the said Act of 1972 "; and

(b) in sub-paragraph (2), for the words from " and " onwards there shall be substituted the words " or Part II of the Industrial Development Act 1982 and ' approved capital expenditure' has the same meaning as it has for the purposes of the provisions relating to regional development grant ".

The Finance Act 1980

16 In section 42(2)(a) of the [1980 c. 48.] Finance Act 1980, after the word " of " there shall be inserted the words " the Industrial Development Act 1982 or section 7 or 8 of ".

The English Industrial Estates Corporation Act 1981

17 (1) In section 2(6) of the [1981 c. 13.] English Industrial Estates Corporation Act 1981, for the words "the [1972 c. 5.] Local Employment Act 1972" there shall be substituted the words " the Industrial Development Act 1982 ".

(2) In section 8 of that Act, for the words " section 5 of the Local Employment Act 1972 " there shall be substituted the words " section 14(1) of the Industrial Development Act 1982 ".

The Finance Act 1982

18 In section 137(6) of the [1982 c. 39.] Finance Act 1982—

(a) for the words " under Part I" there shall be substituted the words " under the provisions of Part II of the Industrial Development Act 1982 or Part I "; and

(b) for the words " the said Part I" there shall be substituted the words " those provisions ".

The Derelict Land Act 1982

19 In section 1 of the [1982 c. 42.] Derelict Land Act 1982—

(a) in subsection (10), for the words " the Local Employment Act 1972 " there shall be substituted the words " the Industrial Development Act 1982 "; and

(b) in subsection (11), in the definition of " development area ", for the words from " made " to " 1972 " there shall be substituted the words " made, or having effect as if made, under section 1 of the Industrial Development Act 1982 ".

Section 19.

SCHEDULE 3 Repeals and Revocations

Chapter	Short Title	Extent of Repeal or Revocation
1972 c. 5.	The Local Employment Act 1972.	Section 1.
		Section 5.
		Sections 7 and 9.
		Sections 13 and 14.
		Sections 16 to 18.
		Section 20.
		Section 21(1).
		Section 22(3) and (4).
		In Schedule 2, paragraphs 3, 4, 8, 9 and 10.
		Schedule 3, except the entries relating to the Industrial Development Act 1966 and the Finance Act 1970.
1972 c. 52.	The Town and Country Planning (Scotland) Act 1972.	In section 114(7), the words from "or in" onwards.
		In Part II of Schedule 21, the entry relating to the Local Employment Act 1972.
1972 c. 63.	The Industry Act 1972.	Parts I and II.
		Sections 13 to 16.
		In section 17(1), the words " Part II or ".
		In section 18, in subsection (1) the words " Part II and " and subsection (3).
		In section 19(2), the words " Schedule 2 and " .
		In Schedule 1, in paragraph 1(1) the words " Part I or ", paragraphs 2 and 3(3) and in paragraph 4(1) the words " Part I or ".
		Schedule 2.
		Part I of Schedule 4.
1973 c. 50.	The Employment and Training Act 1973.	In section 14(1), the words from " but " onwards.
		In Schedule 3, paragraphs 12 and 15.
1973 c. 65.	The Local Government (Scotland) Act 1973.	In Schedule 23, paragraph 14.
1974 c. 39.	The Consumer Credit Act 1974.	In Schedule 4, paragraph 33.
1975 c. 68.	The Industry Act 1975.	Section 22.
		Section 39(2).
		In Schedule 4, Part I.
		Schedule 7.
1980 c. 33.	The Industry Act 1980.	Sections 16 to 18.
		Schedule 1.
1981 c. 6.	The Industry Act 1981.	Section 6.
1981 c. 13.	The English Industrial Estates Corporation Act 1981.	Section 9(2).
		Section 10(4)(a).
1981 c. 57.	The Employment and Training Act 1981.	In Schedule 2, paragraphs 6 and 7.
1981 c. 67.	The Acquisition of Land Act 1981.	In Schedule 4, paragraph 22.
1982 c. 18.	The Industry Act 1982.	The whole Act.
S.I. 1973/243.	The Regional Development Grants (Qualifying Activities) Order 1973.	The whole order.
S.I.1976/1573.	The Regional Development Grants (Qualifying Activities) Order 1976.	The whole order.