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Industrial Development Act 1982

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This is the original version (as it was originally enacted).

3Qualifying premises

(1)In this Part of this Act " qualifying premises " means premises which are for the time being used wholly or mainly for qualifying activities.

(2)For the purposes of this section " qualifying activities " means—

(a)activities which are described m. any of the minimum list headings in Orders III to XIX (inclusive) in the Standard Industrial Classification (manufacturing), subject to the omission from minimum list heading 212 in Order III (Bread and Flour Confectionery) of the words from " Production" to the end of the heading; and

(b)the processing of scrap and waste materials ; and

(c)scientific research relating to any other qualifying activity; and

(d)the repair or maintenance of any machinery or plant designed for use in any manufacturing process, or in the processing of scrap and waste materials; and

(e)any repair or maintenance carried out on premises used for any other qualifying activity of any building on those premises ; and

(f)repairs of the kinds described in headings 370 (shipbuilding and marine engineering), 383 (aerospace equipment manufacturing and repairing) and 384 and 385 (1ocomotives, rolling stock and railway equipment) in the Standard Industrial Classification, whether or not also within paragraph (d) above, together with the maintenance of anything the repair of which is included in this paragraph ; and

(g)the training of staff for work in any other qualifying activity.

(3)The Standard Industrial Classification shall be used for the purposes of this section, and of any other provision of this Part of this Act, without taking account of the way in which that Classification is applied, whether or not in pursuance of any other Act of Parliament, for any other purpose, and without regard to any ancillary or associated activities, such as—

(a)office work, including accountancy, audit, advertising and market research,

(b)haulage,

(c)sales and distribution,

(d)storage,

(e)production and distribution of energy and heating,

which, though not mentioned in a particular minimum list heading, may be classified for statistical purposes along with the activities which are so mentioned; and the reference in heading 499(2) of the Standard Industrial Classification to " all other manufacturing industries not elsewhere specified " shall be taken as a reference to all manufacturing activities not elsewhere specified without the remaining activities in the industry in question.

(4)Subject to paragraphs (d), (e) and (f) of subsection (2) above, the repair or maintenance of any articles shall not be a qualifying activity, and in the case of the activities described in the said Classification, other than those mentioned in the said paragraph (f), this subsection applies whether or not repair or maintenance is mentioned in the Classification.

(5)The Secretary of State may give directions, which may be general directions or directions concerning a particular case, as respects the determination of—

(a)any question as to the classification of an asset as between the following categories, that is, machinery or plant, buildings and works;

(b)any question whether two or more different buildings or areas are, or are not, to be regarded as forming part of the same premises;

(c)any question whether different parts of a building are,

or are not, to be regarded as forming part of the same premises, and any question as to the apportionment of the expenditure incurred in providing a building between the parts of the building which are, and are not, qualifying premises; or

(d)any question whether premises are being used, or used wholly or mainly, for any qualifying activities, or other specified activities.

(6)If, on a request by an applicant for grant, the applicant satisfies the Secretary of State that any land or building is near to and held together with premises which are being used for qualifying activities, he may direct that the land or building shall be treated as forming part of those premises.

(7)Where premises are partly in, and partly outside, a development area, they shall be regarded for the purposes of this Part of tins Act as in a development area—

(a)if the larger part of the premises is in a development area, or if the qualifying activities there carried on are mainly carried on in a development area; or

(b)if the Secretary of State so directs in any case or class of case ;

and corresponding provisions shall be applied as respects premises which are partly in a development area and partly in a special development area.

(8)For the purposes of this Part of this Act an asset is provided as part of, or on, or for use in, qualifying premises if in the opinion of the Secretary of State the premises are or will be qualifying premises when the asset is provided.

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