Local Government and Planning (Scotland) Act 1982

7 Functions of local authority in relation to industrial promotion

In the 1973 Act, after section 154 there shall be inserted the following sections—

“154A Industrial promotion.

(1) Subject to the following provisions of this section, a local authority may engage in industrial promotion: that is to say in promotion having as its aims the establishment or development of, or the procuring of investment in, or the effecting of measures to provide or safeguard employment in, industry.

(2) Without prejudice to any power which they may have under section 90 of this Act, no local authority shall engage in industrial promotion other than under subsection (1) above.

(3) In engaging in industrial promotion under subsection (1) above a regional or islands council may do anything, whether in Scotland or elsewhere, which appertains to or is conducive or incidental to such promotion ; but the powers of a district council under that subsection shall be limited to—

(a) within their own area, doing anything which appertains to or is conducive or incidental to such promotion;

(b) in any part of the United Kingdom, but only as regards specific industrial sites or premises (being sites or premises owned by them) and such services and other facilities as are or will be available in relation to such sites or premises, doing anything mentioned in, or incidental to anything mentioned in, paragraph (a) or (d) of the definition of " promotion" in subsection (4) below; and

(c) at the invitation of—

(i) the Secretary of State ;

(ii) the regional council within whose area the area of the district council is; or

(iii) a body designated, by order, for the purposes of this paragraph by the Secretary of State,

contributing financially to, or participating in, any such promotion engaged in by the inviter or inviters:

Provided that for a regional or islands council to engage in, for a district council to participate in, or for any local authority to contribute financially to, industrial promotion outside the United Kingdom it shall be necessary for them either to have the express consent of the Secretary of State or to be acting in accordance with a general consent given by him.

(4) In the foregoing provisions of this section, unless the context otherwise requires—

• " industry" has the same meaning as in the [1975 c. 68.] Industry Act 1975 ; and

• " promotion " includes—

  (a)

  advertising; and preparing and disseminating information;

  (b)

  participating in trade or investment missions;

  (c)

  holding or taking part in such activities as seminars, exhibitions and symposiums ; and

  (d)

  carrying on correspondence and holding meetings with persons who are (or are potential or prospective) developers, investors or employers.

(5) The exercise by a local authority of any power which they have—

(a) under section 7 of the [1964 c. 67.] Local Government (Development and Finance) (Scotland) Act 1964 (power to make advances for erection of buildings);

(b) by virtue of section 102 (compulsory acquisition of land in connection with development and for other planning purposes) or under section 109 (acquisition of land by agreement) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 ; or

(c) under section 70, 74 or 78 of this Act,

shall be subject to the foregoing provisions of this section.

154B Code of practice for industrial promotion.

(1) Subject to subsection (2) below, the Secretary of State may issue (or arrange for there to be issued) a code of recommended practice as to the discharge of functions under section 154A of this Act by local authorities.

(2) Before issuing (or arranging for the issue of) a code under subsection (1) above the Secretary of State shall consult any association of local authorities which appears to him to represent the interests of local authorities in Scotland.

(3) The Secretary of State may by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament, make regulations requiring local authorities to conform to any code issued under subsection (1) above.”.