Welsh Development Agency Act 1975
1975 c. 70
Act (with exceptions in Sch. 3 para. 4, Sch. 4 paras. 11, 12): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Act extended (E.W.S) (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxiii); S.I. 1996/218, art. 2.
Act modified (E.W.S) (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(e); S.I. 1996/218, art. 2.
Act extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxxii), Sch. 8 para. 33.
Act modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(h), Sch. 8 para. 33.
Act extended by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 1(2) (xx) (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).
Act modified by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 1(10)(v) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 25 para. 1(10)(v), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58).
Act extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xxix), Sch. 17 paras. 33, 35(1).
Act modified by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 3(1)(e), Sch. 17 paras. 33, 35(1).
E11F1Welsh developmentF1.
F21
The functions specified in the following provisions of this Act are conferred upon the National Assembly for Wales (in this Act referred to as the “Assembly”).
F22
a
b
to promote F8efficiency in business and international competitiveness in Wales;
c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
d
to further the improvement of the environment in Wales (having regard to existing amenity).
3
Without prejudice to the following provisions of this Act, the functions of the F3AssemblyF3F10under this ActF10 shall be—
a
to promote Wales as a location F11for businesses, or assist or concert its promotion as such a location;
b
to provide finance for persons carrying on or intending to carry on F12businesses;
c
to carry on industrial undertakings and to establish and carry on new F12businesses;
d
F15da
to make land available for development;
e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
f
to provide sites, premises, services and facilities for F12businesses;
g
to manage sites and premises for F12businesses;
h
to bring derelict land into use or improve its appearance; . . . F17
i
to undertake the development and redevelopment of the environment.
4
5
6
7
In particular, but without prejudice to the generality of subsection (6) above, the F3AssemblyF3 shall have power F19in connection with its functions under this ActF19—
a
to acquire, hold and dispose of securities;
b
to form bodies corporate;
c
to form partnerships with other persons;
d
to make loans;
e
to guarantee obligations (arising out of loans or otherwise) incurred by other persons;
f
to make grants;
g
to act as agent for other persons;
h
to acquire and dispose of land, plant, machinery and equipment and other property;
i
to manage land, and to develop land and carry out works on land, and to maintain works or assist in their maintenance;
k
to make land, plant, machinery and equipment and other property available for use by other persons;
l
8
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2214
The Assembly shall, after consultation with such local authorities, National Park authorities and other bodies as appear to the Assembly to have an interest, from time to time prepare and publish programmes for the performance of such of its functions under this Act as it considers appropriate.
F2215
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
2 Constitution and status.
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
4 Ancillary powers.
b
5 Assistance to F31AssemblyF31 from public authorities and other persons.
1
The F32AssemblyF32 may appoint a local authority, F33a National Park authority, the development corporation of a new town or any other body or person to act as F34itsF34 agent to carry out the F35Assembly'sF35 functions mentioned in section 1(3)(a) F36, (da) and (f) to (i) above F37or section 21C below.
F381A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
For the purpose of assisting the F32AssemblyF32 to carry out any of the functions referred to in subsection (1) above, a local authority, F33a National Park authority or a development corporation, or any other body of a public nature, on being so requested by the F39AssemblyF39, may place the services of any of their staff at the F35Assembly'sF35 disposal, on such terms as may be agreed with the F32AssemblyF32.
6F40 Power to form committees.
1
The Assembly may establish such committees for giving advice to the Assembly about the discharge of any of its functions under this Act as it considers appropriate.
2
The members of any such committee are to be appointed by the Assembly and may be either members of the Assembly or persons who are not members.F40
7 Dissolution of Welsh Industrial Estates Corporation.
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Transfer to Agency of land held under Local Employment Act 1972.
F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 Provision of sites and premises for industry.
1
F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F44For the purpose of providing or managing sites and premises for businesses and providing related facilities, or making land available for developmentF44 the F45AssemblyF45 shall have power to modernise, adapt or reconstruct buildings; and, where the execution of the works will interrupt the use of the buildings or works by any undertaking, the power to acquire land conferred by section 1(7)(h) above shall include power to acquire land for the purpose of providing premises for the occupation of that undertaking or of otherwise meeting its requirements, and the F45AssemblyF45 may for that purpose erect buildings and carry out works on any land so acquired.
F463
The Assembly may, if it considers there are circumstances which justify the giving of special assistance, provide premises for the occupation of a business free of rent for such time as it thinks appropriateF46
10 Services etc. for development of industry.
10AF118 Financial assistance for regeneration and development.
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Application of Landlord and Tenant Act 1954 to Agency premises. C9
1
The following section shall be inserted after section 60 of the M1 Landlord and Tenant Act 1954 :—
60A Welsh Development Agency premises
1
Where the property comprised in a tenancy consists of premises of which the Welsh Development Agency is the landlord, and the Secretary of State certifies that it is necessary or expedient, for the purpose of providing employment appropriate to the needs of the area in which the premises are situated, that the use or occupation of the property should be changed, paragraphs (a) and (b) of section 58(1) above shall apply as they apply where such a certificate is given as is mentioned in that subsection.
2
Where the court makes an order under Part II of this Act for the grant of a new tenancy of any such premises as aforesaid, and the Secretary of State certifies that it is necessary or expedient as aforesaid that the tenancy should be subject to a term, specified in the certificate, prohibiting or restricting the the tenant from assigning the tenancy or subletting, charging or parting with possession of the premises or any part of the premises or changing the use of the premises or any part of the premises, the court shall determine that the terms of the tenancy shall include the terms specified in the certificate.
2
In section 59 of that Act (compensation for exercise of special powers in relation to tenancies)—
F51a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
after F52subsection (1) there shall be inserted the following subsection:—
1A
No compensation shall be recoverable under subsection (1) above where the certificate was given under section 60A below and either—
a
the premises vested in the Welsh Development Agency under section 7 (property of Welsh Industrial Estates Corporation) or 8 (land held under Local Employment Act 1972) of the Welsh Development Agency Act 1975, or
b
the tenant was not tenant of the premises when the said Agency acquired the interest by virtue of which the certificate was given.
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
13 Welsh Industrial Development Advisory Board.
1
2
The Board shall consist of a chairman and not less than four nor more than seven other members.
3
F594
If the Board make a recommendation with respect to any matter at the request of the Assembly and the Assembly exercises its functions under section 7 of the Industrial Development Act 1982 contrary to their recommendation, it shall, if the Board so request, publish a statement as to the matter.F59
14 Transfer of Publicly-owned property to Agency.
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6115 The environment.
1
The Assembly's duty under section 1(14) above to prepare and publish, after consultation with such local authorities, National Park authorities and other bodies as appear to the Assembly to have an interest, programmes for the performance of the Assembly's functions under this Act, includes in particular a duty to prepare and publish programmes, to be implemented either by the Assembly itself, or by the Assembly acting jointly with any other authority or person, or through persons or authorities acting on behalf of the Assembly, for the improvement, development or redevelopment of the environment in Wales.
2
The Assembly may make payments to any authority or person of such amount and in such manner as it may determine for carrying out work which the Assembly considers will contribute to the purposes of such a programme.F61
16F62 Derelict land.
C101
Subject to the provisions of this section, where it appears to the F63AssemblyF63 that steps should be taken for the purpose of—
a
reclaimimg or improving any land to which this subsection applies; or
b
enabling any such land to be brought into use,
2
Subsection (1) above applies to—
a
land which is derelict, neglected or unsightly; and
b
except as respects the exercise of the power specified in subsection (3)(a) below in relation to a person other than a local authority in whose area it is situated, land which is not derelict, neglected or unsightly but is likely to become so by reason of actual or apprehended collapse of the surface as the result of the carrying out of relevant operations which have ceased to be carried out.
3
a
b
c
a power to carry out, for that purpose, any works on the land to which that subsection applies or any other land;
4
In subsection (3)(a) above “relevant expenditure” means expenditure incurred, with the approval of the F63AssemblyF63, in or in connection with—
a
the carrying out, for the purpose mentioned in subsection (1) above, of any works on the land to which that subsection applies or any other land;
b
the carrying out of a survey of the land to which that subsection applies for determining whether any works for that purpose should be undertaken (whether or not such works are carried out); and
c
in relation to a local authority in whose area the land to which that subsection applies is situated, the acquisition, for that purpose, of that land or any other land.
5
6
The amount of the grant which may be paid under subsection (3)(a) above to a person other than a local authority in whose area the land to which subsection (1) above applies is situated shall not exceed—
a
the prescribed percentage of the relevant expenditure; or
b
in the case of a periodical grant in respect of costs from time to time incurred or treated as incurred in respect of the borrowing of money to defray the relevant expenditure, the prescribed percentage of the costs so incurred or treated as incurred.
7
F698
A statutory instrument containing an order under subsection (6) above may make such transitional provision as appears to the Assembly to be necessary or expedient.
F699
In this section—
“local authority” means—
F71b
. . .
“relevant operations” means underground mining operations other than operations for the purpose of the working and getting coal, or of coal and other minerals worked with coal, or for the purpose of getting any product from coal in the course of working and getting coal.
17 Financial duties of the Agency.
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18F119F73Borrowing and guaranteesF73
1
Schedule 3 to this Act shall have effect.
2
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3A
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19 The Agency and the media.
F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 Other limits on Agency’s powers.
F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 Expenses.
F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7821AF120 Powers of land acquisition.
1
The powers to acquire land mentioned in sections 1(7)(h) and 16(3)(b) above are powers—
a
to acquire land by agreement;
b
in relation to land in Wales, to acquire land compulsorily; and
c
in relation to land in England, to acquire land compulsorily if authorised to do so by the Secretary of State.
2
Where the Assembly acquires or has acquired land under subsection (1) above, it has power—
a
to acquire by agreement,
b
in relation to land in Wales, to acquire compulsorily, and
c
in relation to land in England, if authorised to do so by the Secretary of State, to acquire compulsorily,
the land described in subsection (2A) below.
2A
The land is—
a
any land which adjoins the land which the Assembly acquires or has acquired under subsection (1) and which is required for the purpose of executing works for facilitating its development or use; and
b
where the land which the Assembly acquires or has acquired under subsection (1) forms part of a common, an open space or a fuel or field garden allotment, any land required for the purpose of being given in exchange for it.
3
The Assembly may under subsection (1) above acquire rights over land by the creation of new rights (as well as by acquiring rights already in existence).
4
Before the Assembly acquires land under subsection (1) for the purpose of its function under section 1(3)(da) above, it shall—
a
consider whether the land would or would not in its opinion be made available for development if it did not act;
b
consider the fact that planning permission has or has not been granted in respect of the land or is likely or unlikely to be granted;
c
(in the case where no planning permission has been granted in respect of the land) consult every relevant local authority; and
d
consider the needs of those engaged in building, agriculture and forestry and of the community in general.
5
For the purposes of subsection (4)(c) above, each of the following is a relevant local authority—
a
the council of any county, county borough or district in whose area the land, or any part of the land, is situated;
b
any joint planning board in whose district the land, or any part of the land, is situated; and
c
any National Park authority which is the local planning authority for a National Park in which the land, or any part of the land, is situated.
6
Where the Assembly has acquired land under subsection (1) above for the purpose of any of its functions under this Act it may appropriate it to the purpose of any of its other functions under this Act.
7
Where the Assembly has—
a
acquired land under subsection (1) above for the purposes of its function under section 1(3)(da) above; or
b
under subsection (6) above has appropriated land to that purpose,
it shall, until it either disposes of the land or appropriates the land under subsection (6) above to the purpose of any of its other functions under this Act, manage the land and turn it to account.
8
Schedule 4 to this Act shall have effect.F78
21BF121 Disposal of land.
In exercising any power under this Act to dispose of land, the F79AssemblyF79 shall not dispose of land for a consideration less than the best that can reasonably be obtained except—
a
as provided by section 16(7) above; or
21CF122 Powers to advise on land matters.
1
a
advise the authority about disposing of any of the authority’s land in Wales to other persons; and
b
assist the authority in disposing of the land.
2
In subsection (1) above “public authority” means—
a
a government department;
b
F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a county council, county borough council or community council;
d
a National Park authority;
e
a development corporation for a new town;
g
a body corporate established by or under an enactment for the purpose of carrying on under national ownership any industry or part of an industry;
h
any statutory undertakers; or
3
a
the council of a county or county borough in Wales in making an assessment of land in its area which is, in its opinion, available and suitable for development;
b
a joint planning board in Wales in making an assessment of land in its district which is, in its opinion, available and suitable for development; or
c
a National Park authority for a National Park in Wales in making an assessment of land in the National Park which is, in its opinion, available and suitable for development.
F8522. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8623. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24 Power to obtain information.
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25F123 Service of documents.
F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8926. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 Interpretation.
1
In this Act, unless the context otherwise requires—
F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the appropriate Minister” in relation to any statutory undertakers in relation to whom it is defined by F91section 265 of the Town and Country Planning Act 1990 or any other Act, has the meaning assigned to it by the Act so defining it;
F92“business” includes any industrial, commercial or professional activities (whether or not with a view to profit) and the activities of any government department or any local or other public authority;
F93“common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882 and any town or village green;
F94“dispose” includes dispose by sale or exchange or dispose by lease (whether by grant or assignment) and related expressions shall be construed accordingly;
F95“fuel or field garden allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;
“holding company” means a holding company as defined in F96section 1159 of the Companies Act 2006F96;
F97. . .
F98“land” has the meaning given by Schedule 1 to the M2Interpretation Act 1978;
“open space” means any land laid out as a public garden or used for the purposes of public recreation or any land which is a disused burial ground;
“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 . . . F99, . . . F100F101hydraulic power or waterF101or hydraulic power, and
- b
the Civil Aviation Authority F102. . ., F103a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)F104any universal service provider in connection with the provision of a universal postal service and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for the purposes of F105the Town and Country Planning Act 1990;
and “statutory undertaking” shall be construed accordingly;
- a
“subsidiary” means a subsidiary as defined by F96section 1159 of the Companies Act 2006F96; and
F106“universal service provider” has the same meaning as in the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act;
F1071A
The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.
F1081B
The undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaking for the purposes of this Act except to the extent that it is the person’s undertaking as licence holder; and references in this Act to the person’s undertaking shall be construed accordingly.
1C
A person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered a statutory undertaker for the purposes of section 21C above.
2
F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
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.
28 Orders F110and regulations.
1
1A
F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Any power to make an order conferred by a provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.
F1143
Any regulations or order under this Act—
a
may make different provision for different areas or other different cases; and
b
may include transitional and other supplementary and incidental provisions.
29 Citation etc.
1
This Act may be cited as the Welsh Development Agency Act 1975.
2
F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
SCHEDULES
F124F124SCHEDULE 1
Sch. 1 omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 30 (with art. 3(1))
Appointment and tenure of members of the Agency and of committees
1
It shall be the duty of the Secretary of State—
a
to satisfy himself, before he appoints a person to be a member of the Agency, or gives his approval to the appointment of a person to be a member of a committee of the Agency, that he will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member; and
b
to satisfy himself from time to time with respect to each member that he has no such interest;
and a person who is a member of the Agency or of such a committee or whom the Secretary of State proposes to appoint as a member of the Agency or the Agency propose to appoint as a member of a committee shall, whenever required by the Secretary of State to do so, furnish the Secretary of State with such information as he may specify with a view to carrying out his duty under this paragraph.
2
Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or the chairman or deputy chairman of the Agency or as a member of a committee of the Agency in accordance with the terms of the instrument appointing him to that office.
3
A person may at any time resign his office as a member or the chairman or deputy chairman of the Agency by giving the Secretary of State a signed notice in writing stating that he resigns that office.
4
Where a member becomes or ceases to be the chairman or deputy chairman, the Secretary of State may vary the terms of the instrument appointing him a member of the Agency so as to alter the date on which he is to vacate office as a member.
5
If the chairman or deputy chairman ceases to be a member, he shall cease to be the chairman or deputy chairman, as the case may be.
6
1
If the Secretary of State is satisfied that a member of the Agency—
a
has been absent from meetings of the Agency for a period longer than three consecutive months without the permission of the Agency, or
b
has become bankrupt or made an arrangement with his creditors, or
c
is incapacitated by physical or mental illness, or
d
is otherwise unable or unfit to discharge the functions of a member,
the Secretary of State may declare his office as a member of the Agency vacant.
2
Without prejudice to the Secretary of State’s power to remove the chief executive from membership of the Agency under sub-paragraph (1) above, he may declare the office of chief executive vacant if he is satisfied that a condition mentioned in that sub-paragraph is fulfilled in relation to the chief executive.
3
The Secretary of State shall notify a declaration under sub-paragraph (1) or (2) above in such manner as he thinks fit; and thereupon the office to which it relates shall become vacant.
7
A person who ceases to be a member, or ceases to be chairman or deputy chairman, of the Agency, shall be eligible for re-appointment.
Staff
8
Subject to section 2(4) and (5) above, the staff of the Agency shall be appointed by the Agency, F240. . .
Remuneration etc.
9
The Agency shall pay to each of their members and to each member of their staff or of any of their committees such remuneration and such reasonable allowances in respect of expenses as the Secretary of State may determine F241. . ..
10
The Agency shall make such provision as may be determined by the Secretary of State F242. . .for the payment of pensions, allowances or gratuities (including refunds of contributions to any pension fund with or without interest or other additions) to or in respect of such members or past members of the Agency as may be so determined.
11
Where a person ceases to be a member of the Agency otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State F243. . ., may direct the Agency to make to that person a payment of such amount as the Secretary of State may determine F244. . ..
12
1
The Agency may, in the case of such of the persons employed by them as may be determined by the Secretary of State F245. . ., pay such pensions, allowances or gratuities to or in respect of them, make such payments towards the provision of such pensions, allowances or gratuities (including refunds of contributions to any pension fund with or without interest or other additions) or provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be determined by the Secretary of State F246. . ..
2
Where a person employed by the Agency and participating in a scheme for the payment of pensions, allowances or gratuities which is applicable to such persons becomes a member of the Agency, his service as a member may be treated for the purposes of the scheme as service as a person employed by the Agency, whether or not provision for or in respect of him is made under paragraph 10 above.
3
Except so far as the Agency are satisfied that adequate machinery exists for the purpose, it shall be the duty of the Agency to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the Agency and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for the settlement by negotiation of terms and conditions of employment of persons employed by the Agency, with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements.
Disqualification of members of the Agency for House of Commons
C1113
In Part II of Schedule 1 to the M18 House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), there shall be inserted at the appropriate place in alphabetical order:— “
The Welsh Development Agency
”
.
Proceedings
14
Subject to paragraph 15 below and to any direction under section 1 above, the quorum of the Agency and of the Agency’s committees and the arrangements relating to meetings of the Agency and of such committees shall be such as the Agency may determine.
15
1
A member of the Agency or of any such committee who is in any way directly or indirectly interested in a contract made or proposed to be made by the Agency, or in any other matter whatsoever which falls to be considered by the Agency or by the committee in question, shall disclose the nature of his interest at a meeting of the Agency or the committee and the disclosure shall be recorded in the minutes of the meeting.
2
The member shall not—
a
in any case of any such contract, take part in any deliberation or decision with respect to the contract; and
b
in the case of any other matter, take part in any deliberation or decision with respect to the matter if the Agency or the committee decide that the interest in question might prejudicially affect the member’s consideration of the matter.
3
For the purposes of this paragraph, a notice given by a member at a meeting of the Agency or a committee to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered after that date, shall be a sufficient disclosure of his interest.
4
A member need not attend in person at a meeting of the Agency or a committee in order to make a disclosure which he is required to make under this paragraph, if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at such a meeting.
16
The validity of any proceedings of the Agency or a committee shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 15 above.
Incorporation of Agency and execution of instruments and contracts
17
The Agency shall be a body corporate.
18
The fixing of the common seal shall be authenticated by the signature of the chairman of the Agency or some other person authorised by the Agency to act for that purpose.
19
A document purporting to be duly executed under the seal of the Agency shall be received in evidence and shall be deemed to be so executed unless the contrary is proved.
F24719A
1
A certificate signed by the chief executive of the Agency that any document purporting to be made or issued by or on behalf of the Agency was so made or issued shall be conclusive evidence of that fact.
2
A document purporting to be such a certificate shall be received in evidence and be deemed to be such a certificate unless the contrary is proved.
F24819B
A person dealing with the Agency, or with a person claiming under the Agency, shall not be concerned to inquire—
a
whether any directions have been given to the Agency under this Act or whether any directions so given have been complied with; or
b
whether any approval, authority or consent of the Secretary of State or the Treasury required for any of the purposes of this Act has been given, or whether any condition or limitation subject to which any such approval, authority or consent was given has been complied with,
and, in favour of any such person, the validity of anything done by the Agency shall not be affected by anything contained in any such direction, approval, authority or consent or by reason that any such direction, approval, authority or consent has not been given.
Stamp duty
20
1
Stamp duty shall not be chargeable on any instrument which is certified to the Commissioners of Inland Revenue by the Agency as having been made or executed for the purpose of the transfer to the Agency of securities or other property held—
a
by or on behalf of the Crown; or
b
by a company all of whose shares are held by or on behalf of the Crown or by a wholly owned subsidiary of such a company.
2
No such instrument as is mentioned in sub-paragraph (1) above shall be deemed to be duly stamped unless it is stamped with the duty for which it would but for this paragraph be liable or it has, in accordance with the provisions of section 12 of the M19Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.
Circulars
F24921
Section 21(1) of the Financial Services and Markets Act 2000 (restrictions on financial promotion) does not apply to any invitation or inducement to engage in an investment activity (within the meaning of section 21(8) of that Act) which the Agency communicate or cause to be communicated in discharge of their functions.F249
F125F125SCHEDULE 2
Sch. 2 omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 31 (with arts. 3(1), 8(2))
Transfer of Staff
1
In the case of any person to be employed by them on and after the coming into operation of section 7 above, who immediately before that date is employed by the Welsh Industrial Estates Corporation, the Agency shall ensure that—
a
so long as he continues in the employment of the Agency and until he is served with a statement in writing specifying new terms and conditions of employment, each such person enjoys terms and conditions of employment not less favourable, taken as a whole, than those which he enjoyed as a member of the Corporation’s staff immediately before joining the Agency’s staff; and
b
the said new terms and conditions are such that, so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before he joined the Agency’s staff, the terms and conditions of his employment, taken as a whole, are not less favourable than those which he then enjoyed.
Compensation for members or staff of the Corporation
2
The Secretary of State may, out of money provided by Parliament, pay to any person who was a member of the Corporation immediately before the coming into operation of section 7 above and who is not appointed a member of the Agency such sums by way of compensation for loss of office as he may, with the consent of the Minister for the Civil Service, determine.
3
The Secretary of State shall by regulations require the Agency to pay, in such cases and to such extent as may be determined by or under the regulations, compensation to or in respect of persons hitherto employed by the Corporation who suffer loss of employment or loss or diminution of emoluments or pension rights in consequence of the provisions of this Act.
4
Different regulations may be made under paragraph 3 above in relation to different classes of persons, and any such regulations may be so framed as to have effect as from a date prior to the making thereof, so, however, that so much of any regulations as provides that any provision therein is to have effect as from a date earlier than the making thereof shall not place any person other than the Agency in a worse position that he would have been in if the regulations had been made to have effect only as from the date of the making thereof.
5
Regulations under paragraph 3 above—
a
may prescribe the procedure to be followed in making claims for compensation, and the manner in which and the person by whom the question whether any or what compensation is payable is to be determined, and
b
may apply, with or without modifications, the provisions of any other rules or regulations relating to similar matters.
6
The power to make regulations conferred by paragraph 3 above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Continuity of employment
7
For the purposes of—
F251the Employment Rights Act 1996, there shall be deemed to have been no break in the employment of any person who is transferred to the employment of the Agency by virtue of paragraph 1 of this Schedule.
Consequential repeals
C128
In section 10(1) of the M20 Local Employment Act 1972 the words “and the Welsh Industrial Estates Corporation” and the words “and Wales respectively” are repealed.
SCHEDULE 3F142Borrowing and guaranteesF142
Sch. 3: words in heading substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 32(5) (with art. 3(1))
F128...
Sch. 3 para. 1 cross-heading omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 32(1) (with art. 3(1))
1
F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Borrowing Powers
F1293
For the purpose of exercising its functions under this Act, the Assembly may borrow money from any person (including its wholly owned subsidiaries), but any borrowing in a currency other than sterling requires the approval of the Treasury.F129
F131...
Sch. 3 para. 4 cross-heading omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 32(1) (with art. 3(1))
4
F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Borrowing by wholly owned subsidiaries
F1325
It is the duty of the Assembly to secure that none of its wholly owned subsidiaries formed in pursuance of the exercise of the Assembly's functions under this Act borrows money otherwise than from the Assembly or from another wholly owned subsidiary of the Assembly, except with the Assembly's consent.F132
Guarantees
6
1
The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of F133the payment of interest on and the discharge of any other financial obligation in connection with any sums which the F134AssemblyF134F135borrows in connection with its functions under this ActF135.
2
Immediately after a guarantee is given under this paragraph, the Treasury shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling a guarantee so given, the Treasury shall lay before each House of Parliament a statement relating to that sum, as soon as possible after the end of each financial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.
3
Any sums required by the Treasury for fulfilling a guarantee under this paragraph shall be charged on and issued out of the Consolidated Fund.
4
If any sums are issued in fulfilment of a guarantee given under this paragraph, the F134AssemblyF134 shall make to the Treasury, at such time and in such manner as the Treasury 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.
5
Any sums received by the Treasury in pursuance of sub-paragraph (4) above shall be paid into the Consolidated Fund.
F137...
Sch. 3 para. 7 cross-heading omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 32(1) (with art. 3(1))
7
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F139...
Sch. 3 para. 8 cross-heading omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 32(1) (with art. 3(1))
8
F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F141...
Sch. 3 para. 9 cross-heading omitted (1.4.2006) by virtue of The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), Sch. 1 para. 32(1) (with art. 3(1))
9
F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F239SCHEDULE 4 Acquisition of land
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4
F153Part I Compulsory acquisition
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F144F1431
1
The Acquisition of Land Act 1981 (referred to in this Schedule as “the 1981 Act”) applies in relation to the compulsory acquisition of land under section 21A above subject to the modifications made by the following provisions of this Part.
2
Notwithstanding section 2 of the 1981 Act—
a
Schedule 1 to the 1981 Act applies only in relation to a compulsory acquisition of land under section 21A(1)(b) or (2)(b) above; and
b
Part 2 of the 1981 Act applies in relation to a compulsory acquisition of land made under section 21A(1)(c) or (2)(c) above as if the Assembly were an acquiring authority and the Secretary of State were the confirming authority for the purposes of that Part.F144
F1541A
1
Where a compulsory purchase order is prepared in draft by the Assembly under section 21A(1)(b) or (2)(b) above—
a
a notice under paragraph 3 of Schedule 1 to the 1981 Act (notice to owners, lessees and occupiers) shall be served on every relevant local authority;
b
each relevant local authority has a right to object in accordance with the notice; and
c
the references in paragraphs 4 and 4A of Schedule 1 to that Act to relevant objections include references to an objection made by any relevant local authority.
F1452
F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1473
1
Where a compulsory purchase order is made by the F148AssemblyF148F149under section 21A(1)(c) or (2)(c) aboveF149 —
a
b
each relevant local authority shall have a right to object in accordance with the notice; and
2
F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1553A
For the purposes of paragraphs 1A and 3 above, each of the following is a relevant local authority —
a
the council of any county, county borough or district in whose area the land, or any part of the land, is situated;
b
any joint planning board in whose district the land, or any part of the land, is situated; and
c
any National Park authority which is the local planning authority for a National Park in which the land, or any part of the land, is situated.
F157Part IIAcquisition by agreement
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F1564
The provisions of Part I of the M3Compulsory Purchase Act 1965 (so far as applicable), other than section 31, apply in relation to the acquisition of land by agreement under section 21A above; and in Part I of that Act as so applied “land” has the meaning given by Schedule 1 to the M4Interpretation Act 1978.
F200Part III“Cleansing”Provisions
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F160Extinguishment of rights over land compulsorily acquired
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F1585
1
On the completion by the F159AssemblyF159 of a compulsory acquisition of land under section 21A above, all—
a
private rights of way; and
b
rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land,
2
Sub-paragraph (1) above does not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking.
3
Sub-paragraph (1) above has effect in relation to any right or apparatus not falling within sub-paragraph (2) above subject—
a
4
5
Any compensation payable under this paragraph shall be determined in accordance with the M5Land Compensation Act 1961.
F163Power to override easements and other rights
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F1616
1
The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired by the F162AssemblyF162 under section 21A above, whether done by the F162AssemblyF162 or by a person deriving title under the F162AssemblyF162, is authorised by virtue of this paragraph if it is done in accordance with planning permission even if it involves—
a
interference with an interest or right to which this paragraph applies; or
b
a breach of a restriction as to the user of land arising by virtue of a contract.
2
Nothing in this paragraph authorises interference with—
a
any right of way; or
b
any right of laying down, erecting, continuing or maintaining apparatus on, under or over land,
which is vested in or belongs to statutory undertakers for the purpose of the carrying on of their undertaking.
3
This paragraph applies to any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.
4
Compensation in respect of any interference or breach in pursuance of sub-paragraph (1) above—
a
shall be payable under section 7 or 10 of the M6Compulsory Purchase Act 1965; and
b
shall be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase to which that Act applies or the injury arises from the execution of works on land acquired by such a purchase.
5
a
is liable to pay compensation by virtue of sub-paragraph (4) above; but
b
fails to discharge that liability,
6
7
Nothing in this paragraph authorises any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than an interference or breach such as is mentioned in sub-paragraph (1) above.
8
In this paragraph—
a
a reference to a person deriving title from another person includes a reference to any successor in title of that other person; and
b
a reference to deriving title is a reference to deriving title either directly or indirectly.
F170Use and development of consecrated land and burial grounds
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F1647
1
Any consecrated land (whether or not including a building) which has been acquired by the F165AssemblyF165 under section 21A above may be used by any person in any manner in accordance with planning permission in spite of any obligation or restriction imposed under ecclesiastical law or otherwise in respect of consecrated land.
2
Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground.
3
Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land (not being consecrated land) which was—
b
at the time of acquisition included a church or other building used or formerly used for religious worship or the site of such a building,
shall be subject to compliance with the requirements of regulations made F166... for the purposes of this paragraph with respect to the removal and re-interment of any human remains and the disposal of monuments and fixtures and furnishings.
F1673A
Regulations for the purposes of this paragraph are to be made by—
a
the Assembly, in relation to land in Wales; and
b
the Secretary of State, in relation to land in England.
F1674
Any use of consecrated land authorised by sub-paragraph (1) above shall be subject to such provisions as may be prescribed by such regulations for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part of such a building, remains on the land.
5
Any regulations made for the purposes of this paragraph—
a
shall contain such provisions as appear to the F168the Assembly orF168 Secretary of State to be required for securing that any use of land which is subject to compliance with the regulations is, as nearly as may be, subject to the same control as is imposed by law in the case of a similar use authorised by an enactment not contained in this Act or by a Measure or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;
b
shall contain such requirements relating to the disposal of any such land as is mentioned in sub-paragraphs (3) and (4) above as appear to the F168the Assembly orF168 Secretary of State necessary for securing that the provisions of those sub-paragraphs are complied with in relation to the use of the land; and
6
Any land consisting of a burial ground, or part of a burial ground, which has been acquired as mentioned in sub-paragraph (1) above may be used by any person in any manner in accordance with planning permission in spite of—
a
anything in any enactment relating to burial grounds; or
b
any obligation or restriction imposed under ecclesiastical law or otherwise in respect of burial grounds.
7
Sub-paragraph (6) above shall not have effect in relation to any land which has been used for the burial of the dead until the requirements prescribed by regulations made under this paragraph with respect to the removal and re-interment of human remains, and the disposal of monuments, in or on the land have been complied with.
8
Provision shall be made by any regulations made for the purposes of this paragraph—
a
for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and re-interment of any human remains or the disposal of any monuments;
b
for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and re-interment of the remains of the deceased, and the disposal of any monument commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, re-interment and disposal, not exceeding such amount as may be prescribed; and
c
for requiring compliance with such reasonable conditions (if any) as may be imposed in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal, and the place and manner of re-interment, of any human remains and the disposal of any monuments and with any directions given in any case by F169the Assembly, in relation to land in Wales, or by the Secretary of State, in relation to land in England,F169 with respect to the removal and re-interment of any human remains.
9
Subject to the provisions of regulations made under this paragraph, no faculty shall be required for the removal and re-interment in accordance with the regulations of any human remains or for the removal or disposal of any monuments; and the provisions of section 25 of the M7Burial Act 1857 (prohibition of removal of human remains without the licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the regulations.
10
Nothing in this paragraph authorises any act or omission on the part of any person which is actionable at the suit of any person on any ground other than contravention of any such obligation, restriction or enactment as is mentioned in sub-paragraph (1) or (6) above.
11
In this paragraph—
“burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment; and
“monument” includes a tombstone or other memorial.
F173Use and development of land for open spaces
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F1718
1
Any land which—
a
is, or forms part of, a common, an open space or a fuel or field garden allotment; and
may be used by any person in any manner in accordance with planning permission in spite of anything in any enactment relating to land of that kind or in any enactment by which the land is specially regulated.
2
Sub-paragraph (1) does not authorise any act or omission on the part of any person which is actionable at the suit of any person on any ground other than contravention of any such enactment as is mentioned in that sub-paragraph.
F176Paragraphs 6 to 8: supplementary
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F1749
In construing the M8Compulsory Purchase Act 1965 in relation to section 21A above—
a
references to the execution of works shall be construed as including references to any erection, construction or carrying out of building or work authorised by paragraph 6 above; and
b
in relation to any erection, construction or carrying out of building or work so authorised, references in section 10 of that Act to the acquiring authority shall be construed as references to the persons by whom the building or work in question is erected, constructed or carried out.
F17510
1
Nothing in paragraph 7 or 8 above authorises any act or omission on the part of any authority or body corporate in contravention of any limitation imposed by law on their capacity by virtue of their constitution.
2
Any power conferred by paragraph 7 or 8 above to use land in a manner mentioned in that paragraph shall be construed as a power to use the land, whether or not it involves the erection, construction or carrying out of any building or work or the maintenance of any building or work.
F182Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F17711
1
This paragraph applies where any land has been acquired by the F178AssemblyF178 under section 21A above and—
a
there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over that land; or
b
there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.
2
The F179AssemblyF179, if satisfied that the extinguishment of the right or the removal of the apparatus is necessary for the purpose of carrying out any development, may serve on the statutory undertakers a notice—
a
stating that, at the end of the period of 28 days beginning with the day of service of the notice or such longer period as may be specified in it, the right will be extinguished; or
b
requiring that the apparatus be removed before the end of that period.
3
The statutory undertakers on whom a notice is served under sub-paragraph (2) above may, before the end of the period of 28 days beginning with the day on which the notice was served, serve a counter-notice on the F179AssemblyF179—
a
stating that they object to all or any provisions of the notice; and
b
specifying the grounds of their objection.
4
Where no counter-notice is served under sub-paragraph (3) above—
a
any right to which the notice relates shall be extinguished at the end of the period specified in the notice; and
F1804A
If a counter-notice is served under sub-paragraph (3) above in relation to rights over, or apparatus on, land in Wales, the Assembly may either—
a
withdraw the notice (but without prejudice to the service of a further notice); or
b
invite the appropriate Minister to make an order jointly with the Assembly under this sub-paragraph embodying the provisions of the notice with or without modification.
F1805
If a counter-notice is served under sub-paragraph (3) above F181in relation to rights over, or apparatus on, land in EnglandF181, the F179AssemblyF179 may either—
a
withdraw the notice (but without prejudice to the service of a further notice); or
b
apply to the Secretary of State and the appropriate Minister for an order under this sub-paragraph embodying the provisions of the notice with or without modification.
6
Where by virtue of this paragraph—
a
any right vested in or belonging to statutory undertakers is extinguished; or
b
any requirement is imposed on statutory undertakers,
7
Sections 280 and 282 of the M9Town and Country Planning Act 1990 (measure of compensation for statutory undertakers) apply to compensation under sub-paragraph (6) above as they apply to compensation under section 279(2) of that Act.
F191Orders under paragraph 11
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F18312
1
Before making an order under sub-paragraph F184(4A) or F184(5) of paragraph 11 above, the F185appropriate Minister and the Assembly, or the Ministers proposing to make the order, as the case may beF185 proposing to make the order—
a
shall afford to the statutory undertakers on whom a notice was served under sub-paragraph (2) of that paragraph an opportunity of objecting to the application for the order; and
F186b
if any objection is made, shall consider the objection and afford to—
i
the statutory undertakers and the Assembly, in the case of an order under sub-paragraph (4A) of paragraph 11 above, or
ii
the statutory undertakers, in the case of an order under sub-paragraph (5) of paragraph 11 above,
an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Assembly and the appropriate Minister, or the Secretary of State and the appropriate Minister, as the case may be.
F1862
3
a
any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and
F198Notice for same purposes as paragraph 11 but given by statutory undertakers to F199AssemblyF199
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
Sch. 4 para. 13 cross-heading: words in Act substituted (1.4.2006) by The Welsh Development Agency (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3226), arts. 1(1)(2), 7(1), {Sch. 1 para. 1, 2} (with art. 3(1))
F19213
1
This paragraph applies where any land has been acquired by the F193AssemblyF193 under section 21A above and—
a
there is on, under or over the land apparatus vested in or belonging to statutory undertakers; and
b
the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development.
2
3
Where, after the land has been acquired as mentioned in sub-paragraph (1) above, development of the land begins to be carried out, no notice under sub-paragraph (2) above may be served after the end of the period of 21 days beginning with the day on which the development commenced.
4
Where a notice is served under sub-paragraph (2) above, the F193AssemblyF193 may, before the end of the period of 28 days beginning with the day on which the notice was served, serve a counter-notice on the statutory undertakers—
a
stating that they object to all or any of the provisions of the notice; and
b
specifying the grounds of their objection.
5
Where no counter-notice is served under sub-paragraph (4) above, the statutory undertakers shall, after the end of that period of 28 days, have the rights claimed in their notice.
6
If a counter-notice is served under sub-paragraph (4) above, the statutory undertakers who served the notice under this paragraph may either—
a
withdraw it; or
F194b
in relation to apparatus—
i
in, on, over or under land in Wales requiring removal or re-siting, apply to the Assembly and the appropriate Minister for an order under this sub-paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Assembly and the appropriate Minister think it appropriate to confer on them; and
ii
in, on, over or under land in England requiring removal or re-siting, apply to the Secretary of State and the appropriate Minister for an order under this sub-paragraph conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it appropriate to confer on them.
F1947
Where, by virtue of this paragraph or F195an order made under it by the Assembly and the appropriate Minister, or by the Ministers, as the case may be,F195 statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the F193AssemblyF193 for the works to be carried out by the F193AssemblyF193, under the superintendence of the undertakers, instead of by the undertakers themselves.
8
Where works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of this paragraph or F196an order made under it by the Assembly and the appropriate Minister, or by the Ministers, as the case may be,F196 the undertakers shall be entitled to compensation from the F193AssemblyF193.
F1978A
References in this paragraph to the Assembly and the appropriate Minister are, if the appropriate Minister is the Assembly, to be construed as references to the Assembly alone.
F1979
Sections 280 and 282 of the M10Town and Country Planning Act 1990 (measure of compensation for statutory undertakers) apply to compensation under sub-paragraph (8) above as they apply to compensation under section 279(4) of that Act.
F238Part IVOther provisions
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F209Rights of entry
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F20114
1
Any person duly authorised in writing by the F202AssemblyF202 may, at any reasonable time, enter any land—
a
for the purposes of surveying it, or estimating its value, in connection with any proposal to acquire that land, or any other land, under section 21A above; or
b
in connection with any claim for compensation in respect of any such acquisition.
2
3
Any power conferred by this paragraph to survey land includes power to search and bore for the purpose of ascertaining—
a
the nature of the subsoil; or
b
the presence of minerals or contaminants in it.
F20315
1
A person authorised under paragraph 14 above to enter any land—
a
shall, if so required by the occupier or anyone acting on his behalf, produce evidence of his authority; and
b
shall not, if the land is occupied, demand admission as of right to it unless 24 hours’ notice of the intended entry has been given to the occupier.
2
Any person who intentionally obstructs a person acting in the exercise of a power conferred by paragraph 14 above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
4
Except in so far as may be otherwise provided by regulations made by the F206AssemblyF206 under this sub-paragraph, any question of disputed compensation under sub-paragraph (3) above shall be referred to and determined by the F207Upper TribunalF207; and the provisions of F208sectionF208 4 of the M11Land Compensation Act 1961 apply to the determination of any question under this sub-paragraph, subject to any necessary modifications and to the provisions of any regulations under this sub-paragraph.
5
Where under paragraph 14 above a person proposes to carry out any works authorised by sub-paragraph (3) of that paragraph—
a
he shall not carry out those works unless notice of his intention to do so was included in the notice required by sub-paragraph (1)(b) above; and
b
if the land in question is held by statutory undertakers and those undertakers object to the proposed works on the grounds that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out without the authority of the appropriate Minister.
6
A person who enters land in the exercise of a power of entry conferred by paragraph 14 above—
a
shall take reasonable care to avoid damage or injury to plant, machinery, equipment, livestock, crops or enclosures; and
b
on leaving the land, shall secure it as effectively against unauthorised entry as he found it.
7
If any person who is admitted into a factory, workshop or workplace in the exercise of a power of entry conferred by paragraph 14 above discloses to any person any information obtained by him there as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises, be guilty of an offence.
8
A person guilty of an offence under sub-paragraph (7) above is liable—
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine, or to both.
F213Displacement of legislation preventing possession
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F21016
F215Register of land holdings
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
17
F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F225Information
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F21618
1
Where, with a view to performing any function of the F217AssemblyF217F218under this ActF218 relating to land, the F217AssemblyF217 considers that F219itF219 ought to have information connected with that or any other land, the F217AssemblyF217 may serve on one or more of—
a
the occupier of the land;
b
any person who has an interest in the land either as freeholder, mortgagee or lessee, or who directly or indirectly receives rent for the land; and
c
any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it,
a notice specifying the land and the function and the provision which confers the function.
2
The notice shall require the recipient to furnish to the F217AssemblyF217, within a period specified in it (which shall not be less than 14 days beginning with the day on which the notice is served)—
a
the nature of his interest in the land; and
b
the name and address of each person whom the recipient of the notice believes to be the occupier of the land and of each person whom he believes to be, as respects the land, a person mentioned in sub-paragraph (1)(b) or (c) above.
3
A person who—
a
refuses, or fails without reasonable excuse, to comply with the requirements of a notice served on him under sub-paragraph (1) above; or
b
in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
F22019
1
The council of every county and county borough in Wales, every joint planning board for a district in Wales and every National Park authority for a National Park in Wales shall supply the F221AssemblyF221—
a
2
3
4
F228Regulations as to form of documents
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F227F22620
1
The Assembly may make regulations for prescribing the form of any document required or authorised by or under this Schedule which relates to land in Wales.
2
The Secretary of State may make regulations for prescribing the form of any document required or authorised by or under this Schedule which relates to land in England.F227
F232Local inquiries
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F22921
F235Crown land
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F23322
1
2
In this paragraph—
a
“private interest” means an interest which is not a Crown interest or a Duchy interest;
b
“Crown land” means land in which there is a Crown interest or a Duchy interest;
c
“Crown interest” means an interest belonging to Her Majesty in right of the Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
d
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall; and
e
“appropriate authority” in relation to Crown land shall be determined in accordance with section 293(2) of the M17Town and Country Planning Act 1990.
F237Offences by corporations
Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.
F23623
1
Where an offence under this Schedule which has been 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—
a
a director, manager, secretary or other similar officer of the body corporate; or
b
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 liable to be proceeded against accordingly.
2
Where the affairs of a body corporate are managed by its members, this paragraph shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of a body corporate.
Act partly in force at Royal Assent see s. 29(2), Act wholly in force at 1.1.1976.