SCHEDULES

SCHEDULE 1 Enforcement of Conditions attached to Regional Development Grants and Grants under Part III

1

1

The Secretary of State may by notice require any person who has received a grant under . . . F1 Part III 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

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:

Provided that 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 twenty-eight days beginning with the service of the notice.

3

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

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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 £400, 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 £400.

3

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4

1

Any person who without reasonable excuse fails to comply with any condition subject to which a grant was made to him under . . . F4 Part III 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 F5level 5 on the standard scale.

2

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3

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 the foregoing limitation and notwithstanding anything in F7section 331 of the M1Criminal 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 F7subsection (3) of the said section 331 shall apply for the purposes of this paragraph as it applies for the purposes of that section.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

5

For the purposes of this paragraph, a certificate of the Secretary of State, . . . F9, the Lord Advocate . . . F10, as the case may be, 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.

F11F11SCHEDULE 2

Annotations:
Amendments (Textual)

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SCHEDULE 3 Shipbuilding: Transitional Provisions

Section 19.

1

The repeals in Part II of Schedule 4 to this Act shall not affect—

a

the vesting of any property, rights or liabilities in the Secretary of State under section 9(3) of the M2Shipbuilding Industry Act 1967;

b

the operation—

i

of subsections (2) and (7) and, subject to paragraphs 2 and 3 below, of subsection (8), of section 10 of that Act;

F13ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Any sums received by the Secretary of State by way of repayment of or interest on a loan under the M3Shipbuilding Industry Act 1967 shall be paid into the National Loans Fund, and the reference to subsection (5) of section 10 of that Act in subsection (8) of that section shall include a reference to this paragraph.

3

The said subsection (8) shall not require a statement of any guarantees given by the Secretary of State under section 7 of the M4Shipbuilding Industry Act 1967 for the financial year beginning on 1st April 1973 or for any subsequent financial year.

SCHEDULE 4Repeals

Section 19.

Part I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Annotations:
Amendments (Textual)

C1Part IIShipbuilding

Annotations:
Modifications etc. (not altering text)
C1

The text of s. 19(3) and Sch. 4 Pt. II 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.

Chapter

Short Title

Extent of Repeal

1967 c. 40.

The shipbuilding Industry Act 1967.

The whole Act.

1968 c. 13.

The National Loans Act 1968.

In Schedule 1, the entry relations to the Shipbuilding Industry Act 1967.

1968 c. 32.

The Industrial Expansion Act 1968.

Section 10.

1971 c. 46.

The Shipbuilding Industry Act 1971.

The whole Act.

The above repeals have effect subject to Schedule 3 to this Act.